Participants will gain knowledge of priority of service

Priority of Service

Priority of Service Background of the Regulations

History Key Definitions

Implementing Priority of Service State and Local Planning Identifying and Informing Covered Persons Priority Defined Priority in Action Monitoring of Compliance

Reporting on Priority of Service

Jobs for Veterans Act – November 7, 2002 TEGL 05-03 – September 16, 2003 P.L. 109-461 – December 22, 2006 Proposed regulations – August 15, 2008 Final rule:

Published – December 19, 2008 Effective – January 19, 2009

VPL 07-09/TEGL 10-09 – November 10, 2009 Implementation

Priority of Service

`Priority of service' means, with respect to any qualified job training program, that a covered person shall be given priority over nonveterans for the receipt of employment, training, and placement services provided under that program.

(Chapter 42, section 4215)

Key Definitions

20 CFR 1010.200

`Qualified job training program' is any workforce preparation, development, or delivery program or service that is directly funded, in whole or in part, by the Department of Labor.

(Chapter 42, section 4215)

Key Definitions

20 CFR 1010.110

Training and Employment Guidance Letter No. 10-09

20 DOL- Funded workforce programs are covered by section 4215:o WIA Adult and Dislocated Workero Wagner-Peyser Employment Serviceso Trade Act programso National Emergency Grantso Senior Community Service Employment Program (SCSEP)o Migrant and Seasonal Farmworker programo Indian and Native American programo Job Corps o WIA Demonstration Projectso Labor Market Information Grantso Career One-Stop Electronic Toolso Other Internet-based self-service tools operated by DOL

programs

A covered person is entitled to priority of service under any qualified job training program if the person otherwise meets the eligibility requirements for participation in such program.

Entitlement

20 CFR 1010.110

Veteran [38 USC 101(2)] Active military service Discharged under “other than dishonorable” conditions (regulations)

Key Definitions

20 CFR 1010.110

This definition differs from the Wagner-Peyser definition that appears at 38 U.S.C. 4211(4)(A) and includes a “180 day” criterion

Eligible SpouseEligibility derived from a living veteran

Service member is missing in action, captured or forcibly detained

Veteran has total service-connected disability, per VA evaluation

Eligibility derived from a deceased veteran Veteran died of a service-connected disability Veteran died while a total service-connected

disability, per VA evaluation, was in existence

Key Definitions

20 CFR 1010.110

Covered Entrant A Veteran or an Eligible Spouse who is; At the “point of entry” to the workforce

system or a qualified job training program (i.e., at the initial point of contact, prior to receipt of any services; e.g., an applicant, not a participant)

Key Definition

20 CFR 1010.300

Covered Entrant A covered person becomes a covered entrant upon

initial contact with the workforce system: In a physical location or via electronic access Prior to receipt of a service

Adds a new customer classification – in addition to the existing participant classification

Entry Date – The date of initial contact Entry Period – Begins on the entry date and

ends 45 days later

New Terminology

§ 1010.300(b)(2) of the Rule states: The processes for identifying covered persons are not required to verify the status of an individual as a veteran or eligible spouse at the point of entry unless they immediately undergo eligibility determination and enrollment in a program. (emphasis added)

Clarifying the Purposes

Implementing Priority of Service

Priority of service is to be addressed in: States’ Strategic Plans Local Workforce Boards’ Strategic Plans

Policies apply to: State Workforce Agencies Local Workforce Investment Boards One-Stop Career Centers

State and Local Planning

Identifying covered persons at point of entry

Implementing processes to ensure covered persons are made aware of: Entitlement to priority of service Other employment, training and placement

services available Eligibility requirements for those programs or

services

Identifying and Informing

20 CFR 1010.230

The right to take precedence over non-covered persons – Depending on the type of service or resource being provided, taking precedence may mean:

Covered person gains access to service or resource earlier than the non-covered persons

Covered person receives service or resource instead of a non-covered person when resources are limited

Priority Defined

20 CFR 1010.200

Universal Access Programs Do not target specific groups Covered persons receive priority

Discretionary Targeting Programs Focus on special groups, but not mandated Covered persons receive highest priority

Statutory Targeting Programs Mandatory priority or focus for certain groups Covered persons who also meet the mandatory

priority receive highest priority

Priority of Service in Action

20 CFR 1010.310

Joint monitoring of Priority of Service by: The Veterans’ Employment and Training Service

(VETS) The DOL agency responsible for the program’s

administration and oversight

If monitoring identifies a failure to comply: To be handled in accord with the program’s

established compliance review processes A corrective action plan also may be required

Monitoring of Compliance

20 CFR 1010.240

Reporting on Priority of Service

Recipients must collect information in accordance with DOL instructions

Each qualified job training program is required to apply to its existing reporting the definitions in the regulations for veterans and eligible spouses

The six programs serving the most veterans are required to add reporting on covered entrants

General Requirements

20 CFR 1010.330

Those programs that have served 1,000 or more covered persons per year for the three most recent years of program operation, currently: Wagner-Peyser State Grants WIA Adult WIA Dislocated Worker National Emergency Grants Trade Adjustment Assistance Senior Community Service Employment Program (SCSEP)

Programs Reporting on Entrants

20 CFR 1010.330

Aggregate quarterly reports Number of covered entrants who: Reach the end of the 45 day entry period Received any service Received a staff-assisted service

Individual records for covered entrants Unique identifier Entry date Covered person category (Veteran or Eligible Spouse) Demographic characteristics required for EEO (mandatory

to request; voluntary to provide)

Reporting Elements

Priority of Service

Gain understanding of program measurements

Program Indicators and Measures

Entered Employment Rate (EER)

Employment Retention Rate (ERR)

Average Earnings (AE)

Adult Common MeasuresTEGL 17-05

Focus on the core purposes of the workforce system: employment for adults

Help break down barriers to integration resulting from different definitions, different data, and different reports for each workforce program

Help resolve questions raised by oversight agencies such as GAO regarding the validity and reliability of data

Help reduce confusion among customers and stakeholders who want to know/understand workforce results

Benefits of Common MeasuresTEGL 17-05

Performance Measures

DVOP

AJC

LVER

VETERAN and DISABLED VETERAN• Entered Employment Rate• Employment Retention Rate • Six-month Average Earnings

Rate of veterans served by DVOP to those who receive I.S.

JVSG Performance Measures (DVOP)

LVER – Business Relations

Individual Employers/Businesses Contacted

Number of DVOP IS veterans whom businesses will be contacted by LVER staff for job development.

JVSG Performance MeasuresReviewed – but not Negotiated (LVER)

All Veterans, Eligible Persons and Disabled Veterans • Entered Employment Rate • Employment Retention Rate • Average Earnings

Uniform National Threshold Entered Employment Rate or UNTEER (State EER compared to “all states” -- yardstick)

IS services from DVOP compared with total veterans receiving IS

AJC Performance Measures

The purpose of the report is “to identify any need for possible action to ensure that services are provided in accordance with applicable laws and regulations.”

Managers Report

Quarterly Reports for JVSG

VETS monitors expenditures reported by grantees to ensure funds are spent in accordance with cost principles established for Federal awards to state government agencies as well as approved State Plans. 

DVET Analysis

Planned vs. Actual Spending Base Positions Paid Staff Utilization Rate Cost Per Position Personal Services and Personnel

Benefits to Total Grant Outlay

Audit

The Audit tool addresses the findings that:1. require a CAP2. must be addressed in a formal,

written response3. affect the efficient implementation

or function of the program and should be addressed, but don’t require a formal response, and

4. those items that meet the standard and no action is required.

Audit

position descriptions customer flow point of entry roles & responsibilities

of the DVOP and LVER staff training population of veterans

served

intensive services services to non-

veterans priority of service proper utilization of the

AJC staff in relation to serving veterans

reporting half-time positions

1. Priority of Servicea. Non-veterans vs. veteran referral to employmentb. Non-veterans rate of staff assisted services (SAS)

vs. veterans

2. Number of veterans receiving IS DVOP vs. LVER

3. Services provided to veterans by non-veterans staff vs. veteran staff

4. Percentage of VETS staff serving veterans vs. non-veterans

Program and Service Indicators

The reports indicate that the DVOP is providing Intensive Services to 5% of the veterans they are servicing. Is this a concern? Why/why not?

 

Scenario #1

Reports indicate that the veterans in the AJC are being referred to training at a 67% rate. The non-veterans in the center are being referred at a rate of 92%. Is this an issue? Why/why not?

Scenario #2

Reporting results show that the LVER in the office is conducting Intensive Services for 12% of the veterans. Is this an issue? Why/why not?

Scenario #3

The LVER is providing more direct services to veterans than the DVOP in the office. Is this an issue? Why/why not?

Scenario #4

Reports identify that the AJC/ES staff is serving approximately 39% of the veterans who come into the AJC. The JVSG staff is serving 61% of the veterans. Is this an issue? Why/why not?

Scenario #5

This quarter the DVOP served 15% non-veterans and 85% veterans. Is this an issue? Why/why not?

Scenario #6

USERRA 101 and 102 – www.nvti.ucdenver.edu/userra101

JVSG Training – www.nvtihelpvets.ucdenver.edu Federal Hiring – http://nvtifedhiring.ucdenver.edu UJS – www.nlc.ucdenver.edu/ujsworkbook NVTI – Training Solutions – www.nvti.ucdenver.edu

Resources

Program Indicators and Measures