Priority of Service
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Transcript Priority of Service
Participants will gain
knowledge of 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' 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)
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)
20 CFR 1010.110
20 DOL- Funded workforce programs are covered by section 4215:
o WIA Adult and Dislocated Worker
o Wagner-Peyser Employment Services
o Trade Act programs
o National Emergency Grants
o Senior Community Service Employment Program (SCSEP)
o Migrant and Seasonal Farmworker program
o Indian and Native American program
o Job Corps
o WIA Demonstration Projects
o Labor Market Information Grants
o Career One-Stop Electronic Tools
o 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.
20 CFR 1010.110
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
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
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
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
§ 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)
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
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
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
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
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
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
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
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)
Gain understanding of program
measurements
Entered Employment Rate (EER)
Employment Retention Rate (ERR)
Average Earnings (AE)
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
DVOP
LVER
AJC
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.
JVSG Performance Measures
Reviewed – 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.
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
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.”
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 CAP
2. must be addressed in a formal, written
response
3. 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 Service
a.
Non-veterans vs. veteran referral to employment
b.
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
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?
Reports indicate that the veterans in the AJC are
being referred to training at a 67% rate. The nonveterans in the center are being referred at a rate
of 92%. Is this an issue? Why/why not?
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?
The LVER is providing more direct services to
veterans than the DVOP in the office. Is this an
issue? Why/why not?
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?
This quarter the DVOP served 15% non-veterans
and 85% veterans. Is this an issue? Why/why
not?
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