Implementing Veterans’ Priority of Service Atlanta Recovery & Reemployment Forum May 28, 2009

1. Implementing Veterans’ Priority of Service Atlanta Recovery & Reemployment Forum May 28, 2009

2. Session Outline and Presenters • Priority of Service (POS) for Covered Persons • Policy Guidance and Other Expectations • The Florida Model • Miguel A. Hernandez, USDOL/VETS - ATL Region • Ms. Linda Lundy, USDOL - ATL Region • Ms. Lois Scott, Florida Agency for Workforce Innovation

3. Priority of Service for Covered Persons Miguel A. Hernandez Veterans’ Program Specialist U.S. Department of Labor, Veterans’ Employment and Training Service Atlanta Region Hernandez.miguel@dol.gov 3

4. Priority of ServiceBackground and Basics • Some History • P.L. 107-288 (Jobs for Veterans Act) – 2002 • Training and Employment Guidance Letter (TEGL) 5-03 – 2003 • P.L. 109-461 – 2006 • Proposed Regulations – August 2008 • Final Rule – January 19, 2009 (effective) • Applies to “covered persons” – veterans and eligible spouses 4

5. Two Key Definitions • Veteran [38 USC 101(2)] • Active military service • Discharged under “other than dishonorable” conditions • Qualified Job Training Program • Workforce training programs funded in whole or in part by USDOL 5

6. “Veteran” Definitions • USDOL Solicitor’s Office determined the definition at 38 U.S.C. 101(2) applies for priority of service • Functionally equivalent to WIA and applies to WIA program eligibility • Differs from Wagner-Peyser definition of “eligible veteran” – which includes 180-day criterion and applies to DVOP/LVER program eligibility and Wagner-Peyser program reporting • Note: Many comments stated preference for one definition for both POS and program eligibility purposes but DOL lacks authority to revise statutory definitions. GAO has recommended to Congress that we have a standardized definition for workforce programs. 6

7. Priority and Program Eligibility • For priority of service purposes, the regulations establish the definitions that apply for Veteran and Eligible Spouse • For program eligibility purposes, program intent or focus establishes the definitions that apply to the specific programs 7

8. Extent of Priority of Service • POS applies to all DOL funded programs. • An agreement to implement POS is a condition for receipt of all DOL job training funds • POS applies to all sub-recipients, including sub-grantees, subcontractors, and those delivering services under other types of agreements • Priority of Service cannot be waived 8

9. Priority Defined • The right to take precedence over non-covered persons, which may mean: • Covered person gains access to service or resource earlier than the non-covered person • Covered person receives service or resource instead of a non-covered person when resources are limited 9

10. “Precedence” in a Program Context • Universal Access Programs • Do not target specific groups • Covered persons receive first level of priority • Non-covered persons receive second level of priority • Discretionary Targeting Programs • Focus on special groups but not mandated • Covered persons receive first level of priority • Non-covered persons who meet the discretionary target receive second level of priority • Non-covered persons who do not meet the discretionary target receive third level of priority 10

11. “Precedence”in a Program Context (cont’d) • Statutory Targeting Programs • A mandatory priority or focus on certain groups • For persons who meet the mandatory priority: • Covered persons receive the first level of priority • Non-covered persons receive the second level of priority • For persons who don’t meet the mandatory priority: • Covered persons receive the third level of priority • Non-covered persons receive the fourth level of priority 11

12. Implementation “Nuggets” • POS must be addressed in State Strategic Plans and policies must apply to SWAs, LWIBs and One-Stop Career Centers • Covered persons must be • Identified at point of entry to a program or a One-Stop Center • Made aware of their entitlement to priority of service, the services and resources available, and the eligibility requirements that apply 12

13. Implementation “Nuggets” (cont’d) • The regulations specify that identification processes do not include verification of covered person status at the point of entry unless the covered person immediately undergoes eligibility determination and enrollment • Simply put, priority of service is ensuring that the full range of services in a One-Stop Career Center are made available to veterans and eligible spouses. 13

14. Priority of Service for Covered Persons Ms. Linda Lundy Federal Project Officer U.S. Department of Labor - ETA Atlanta Region Lundy.linda@dol.gov 14

15. Discussion Overview • ETA/VETS “Workgroup on Veterans” • Policy Guidance (joint agency subgroup) • Reporting Requirements • Technical Assistance, including Models and Promising Practices and a Protocol 15

16. Joint ETA/VETS Workgroup on Veterans • Vision: An ETA/VETS partnership committed to strengthening the workforce system’s delivery of the full range of employment and training services to veterans and their families in order to advance their civilian labor market success • Mission includes “…to act as a catalyst to provide strategic guidance and technical assistance on the implementation of the priority of service statute and regulations.” 16

17. Policy Guidance Subgroup • Currently drafting policy guidance • Staff from ETA and VETS involved • ETA and VETS will issue joint or concurrent guidance • Should include FAQs • Ideally will include state and local policy and program models • Sense of urgency given publication of final rule and workforce system needs! 17

18. Technical Assistance(e.g., Models/Promising Practices) • USDOL/ETA and USDOL/VETS will disseminate guidance regarding: • Policies • Practices • Procedures 18

19. Reporting Requirements • Only six programs will be required to report on covered entrants but all other programs must adopt the definitions from the regulations for veteran and eligible spouses when OMB next approves their reporting requirements • Reporting Timeframes • Only the Senior Community Service Employment Program (SCSEP) will report on covered entrants beginning PY 2009 • Reporting on covered entrants required for Wagner-Peyser (including DVOP/LVER), WIA Adult, WIA Dislocated Worker, National Emergency Grants and Trade is waived for PY 2009 and is expected to commence in PY 2010 19

20. Reporting Requirements(cont’d) • Clarification: • The delay in required reporting for priority of service does not mean a delay in implementing priority of service! 20