Participants will gain knowledge of priority of service

1. Priority of Service Participants will gain knowledge of priority of service

2. 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

3. 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

4. Key Definitions `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 servicesprovided under that program. (Chapter 42, section 4215) • 20 CFR 1010.200

5. Key Definitions `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) • 20 CFR 1010.110

6. Training and Employment Guidance Letter No. 10-09 • 20 DOL- Funded workforce programs are covered by section 4215: • WIA Adult and Dislocated Worker • Wagner-Peyser Employment Services • Trade Act programs • National Emergency Grants • Senior Community Service Employment Program (SCSEP) • Migrant and Seasonal Farmworker program • Indian and Native American program • Job Corps • WIA Demonstration Projects • Labor Market Information Grants • Career One-Stop Electronic Tools • Other Internet-based self-service tools operated by DOL programs

7. Entitlement 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. • 20 CFR 1010.110

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

9. Key Definitions • Eligible Spouse • Eligibility 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 • 20 CFR 1010.110

10. Key Definition • 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) • 20 CFR 1010.300

11. New Terminology • 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 – Beginson the entry date and ends 45 days later

12. Clarifying the Purposes § 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)

13. Implementing Priority of Service

14. State and Local Planning • 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

15. Identifying and Informing • 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 • 20 CFR 1010.230

18. Priority Defined • 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 • 20 CFR 1010.200

19. Priority of Service in Action • 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 • 20 CFR 1010.310

20. Monitoring of Compliance 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 • 20 CFR 1010.240

21. Reporting on Priority of Service

22. General Requirements • 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 • 20 CFR 1010.330

23. Programs Reporting on Entrants 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) • 20 CFR 1010.330

24. Reporting Elements 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)

25. Priority of Service

26. Program Indicators and Measures Gain understanding of program measurements

27. Adult Common Measures TEGL 17-05 Entered Employment Rate (EER) Employment Retention Rate (ERR) Average Earnings (AE)

28. Benefits of Common Measures TEGL 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 stakeholderswho want to know/understand workforce results

29. Performance Measures DVOP LVER AJC

30. JVSG Performance Measures (DVOP) 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.

31. JVSG Performance MeasuresReviewed – but not Negotiated (LVER) LVER – Business Relations • Individual Employers/Businesses Contacted • Number of DVOP IS veterans whom businesses will be contacted by LVER staff for job development.

32. AJC Performance Measures 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

33. Managers Report 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.”

34. 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.

35. DVET Analysis • Planned vs. Actual Spending • Base Positions Paid • Staff Utilization Rate • Cost Per Position • Personal Services and Personnel Benefits to Total Grant Outlay

36. Audit The Audit tool addresses the findings that: • require a CAP • must be addressed in a formal, written response • affect the efficient implementation or function of the program and should be addressed, but don’t require a formal response, and • those items that meet the standard and no action is required.

37. 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

38. Program and Service Indicators 1. Priority of Service • Non-veterans vs. veteran referral to employment • 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

39. Scenario #1 • 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?

40. Scenario #2 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?

41. Scenario #3 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?

42. Scenario #4 The LVER is providing more direct services to veterans than the DVOP in the office. Is this an issue? Why/why not?

43. Scenario #5 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?

44. Scenario #6 This quarter the DVOP served 15% non-veterans and 85% veterans. Is this an issue? Why/why not?

45. Resources • 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

46. Program Indicators and Measures