Transcript Document

Implementing
Veterans’ Priority of Service
Atlanta Recovery & Reemployment Forum
May 28, 2009
1
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
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Priority of Service for Covered
Persons
Miguel A. Hernandez
Veterans’ Program Specialist
U.S. Department of Labor,
Veterans’ Employment and Training Service
Atlanta Region
[email protected]
3
Priority of Service
Background 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
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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
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“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.
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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
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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 subgrantees, subcontractors, and those delivering
services under other types of agreements
Priority of Service cannot be waived
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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
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“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
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“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
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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 OneStop Center
• Made aware of their entitlement to priority of
service, the services and resources available, and
the eligibility requirements that apply
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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.
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Priority of Service for Covered
Persons
Ms. Linda Lundy
Federal Project Officer
U.S. Department of Labor - ETA
Atlanta Region
[email protected]
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Discussion Overview
• ETA/VETS “Workgroup on Veterans”
• Policy Guidance (joint agency subgroup)
• Reporting Requirements
• Technical Assistance, including Models and
Promising Practices and a Protocol
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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.”
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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!
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Technical Assistance
(e.g., Models/Promising Practices)
• USDOL/ETA and USDOL/VETS will
disseminate guidance regarding:
• Policies
• Practices
• Procedures
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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
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Reporting Requirements
(cont’d)
• Clarification:
The delay in required reporting for
priority of service does not mean a
delay in implementing priority of
service!
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