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WIAPL 10-07 (Priority of Service for Veterans and Eligible Spouses [Covered Persons])
Workforce Investment Act Policy Letter No. 10-07
March 3, 2011
TO: WIA Local Workforce Boards (WIBs), Fiscal Agents, Administrative Entities, One-Stop Operators, DOL Funded Partner Programs (Wagner-Peyser, Trade Adjustment Assistance, Workforce Investment Act, Senior Community Service Employment Program, Indian and Native American Programs, Migrant and Seasonal Farmworkers, Workforce Innovation in Regional Economic Development Competitive Grants, and National Emergency Grants)
FROM: Mark D. Kvamme, Director Michael B. Colbert, Director
SUBJECT: Priority of Service for Veterans and Eligible Spouses (Covered Persons)

I.Purpose

To ensure that when local WIBs are implementing policies and processes for Priority of Service to covered persons, covered persons are identified at the point of entry and given an opportunity to take full advantage of Priority of Service with U.S. Department of Labor (DOL) funded training programs and be made aware of any applicable eligibility requirements for those programs. Covered persons must be made aware of their entitlement to Priority of Service per 20 CFR Part 1010.

II.Effective Date

Immediately

III.Background

On November 7, 2002, the Jobs for Veterans Act (JVA), Public Law (P.L.)107-288 was signed into law. One provision of the JVA, codified at 38 U.S.C. 4215, establishes a Priority of Service requirement for covered persons in qualified job training programs. The DOL published Priority of Service regulations in the December 19, 2008 edition of the Federal Register and were effective as of January 19, 2009. These regulations are identified as 20 C.F.R. Part 1010, Priority of Service for Covered Persons; Final Rule. On November 10, 2009, DOL published Veterans' Program Letter No. 07-09 and Training and Employment Guidance Letter (TEGL) No. 10-09 to establish the implementation of Priority of Service to covered persons under all qualified job training programs funded in whole, or in part by DOL.

IV.Requirements

This policy applies to all employment and training programs, funded in whole or in part by DOL, including Wagner-Peyser, Trade Adjustment Assistance, Workforce Investment Act, Senior Community Service Employment Program, Indian and Native American Programs, Migrant and Seasonal Farmworkers, Workforce Innovation in Regional Economic Development Competitive Grants, and National Emergency Grants. All DOL funded grant recipients must implement and comply with locally developed Priority of Service policies as required by state policy and by federal law and regulation. All program operators are required to ensure that Priority of Service is applied by all subrecipients of DOL funds. Local areas must make the necessary adjustments to websites and other portals by which job seekers remotely access resources, including self‐service resources, to notify users of Priority of Service to ensure covered persons receive this benefit. Priority of Service cannot be waived.

Definitions

Priority of Service: Priority of Service means, with respect to any qualified job training program that a covered person shall be given priority over a non-covered person in obtaining all employment, training, and placement services provided under the program. When a program has statutory eligibility requirements, priority means that covered persons take precedence, with all other qualifying eligibility requirements being equal, over non-covered persons in obtaining services and program enrollment.

Covered Person:

  • A veteran
  • An eligible spouse

Non-covered Person: the term "non-covered person" means any individual who meets neither the definition of "veteran," nor the definition of "eligible spouse."

Veteran: Any person who served on active duty in the armed forces with other than a "dishonorable" discharge.

Eligible Spouse:

a.Eligibility derived from a living veteran

  • Service member is missing in action, captured, or forcibly detained
  • Veteran has total service-connected disability, per Veterans Administration (VA) evaluation

b.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

Eligibility

A.Covered Persons/Non-covered Persons

The One-stops are to apply the Priority of Service definition to all covered persons who access the workforce system through the One-stops. Priority of Service gives covered persons the right to take precedence over non-covered persons in obtaining services. Depending on the type of service or resource being provided, taking precedence may mean:

1)The covered person receives access to the service or resource earlier in time than the non-covered person; or

2)If the service or resource is limited, the covered person receives access to the service instead of or before the non-covered person.

Processes must be in place to ensure that covered persons are identified at the point of entry for services, the full array of programs and services available to them, any applicable eligibility requirements for those programs and/or services, and given an opportunity to take full advantage of Priority of Service. This should be accomplished in a number of ways.

  • Awareness through posters and handouts at the point of entry should alert customers of their Priority of Service rights.
  • Orientations, both in-person or electronically (including local websites) should include a reference to Priority of Service rights.
  • During the initial interview/assessment with a customer it should be determined if that person is a covered person.
  • Written copies of local Priority of Service policies should be maintained at all service delivery points.

How job openings/matches and referrals are given Priority of Service must be specifically addressed in local workforce investment area policies. This includes electronic referral processes, electronic job posting systems, and in-person handling of job orders.

In addition, partner program staff within the One-stops and at other service delivery points must be made aware of Priority of Service requirements. This must be accomplished at both the state and local levels through partner meetings and other types of communication such as an information sheet or desk aid, self‐service kiosks, and informational bulletin boards.

A clause pertaining to covered persons Priority of Service is included in the One-Stop Memorandum of Understanding template and must be utilized by all local workforce investment areas. Priority of Service is also and will continue to be addressed in all DOL funded employment and training program grant agreements.

B.Priority of Services/Low-Income Covered Persons/Non-covered Persons

Priority is given to low-income individuals and for recipients of public assistance.

A covered person must first:

  • Meet the statutory requirements of the DOL funded employment and training program to be eligible for Priority of Service. Any amounts received as military pay or allowances by any person who served on active duty, and certain other specified benefits must be disregarded. This applies when determining if a person is a "low-income individual" for eligibility purposes.
  • In the case of core services, a covered person who is low-income or recipient of public assistance immediately takes precedence from the time of initiation of services.

This does not allow for "bumping" of non-covered persons who had previously been accepted into a program prior to the covered person applying within the same program. However, when an area has limited funds designation, and if there is a waiting list, the covered persons receive access to the service instead of or before the non-covered person on the waiting list.

A state or local grant recipient may not apply additional arbitrary or discretionary conditions or requirements above the program's statutorily mandated eligibility requirements to Priority of Service rights. Therefore, for covered persons, Priority of Service applies to discretionary targeting programs and services the same way that it applies to universal access programs, i.e., veterans and eligible spouses first.

It is neither necessary nor appropriate for program operators to require verification of the status of a covered person at the point of entry, particularly for core services, unless the individual who self-identifies as a covered person: (a) is to immediately undergo eligibility determination and be registered or enrolled in a program; and (b) the applicable federal program rules require verification of covered person status at that time.

For DOL funded employment and training programs administered by state merit staff (i.e., TAA, REA, UCRS), eligibility for Priority of Service should be determined at initiation of services or upon referral of services, whichever occurs first.

Monitoring

DOL will monitor the state's implementation of Priority of Service to ensure that covered persons are made aware of and afforded Priority of Service. At the local level the ODJFS veterans' program managers, local areas, and program operators will share monitoring responsibilities. Local policies should outline how this shared responsibility will be administered. When compliance/failure concerns are identified through monitoring, the concerns/failures should be handled in accordance with the program's established compliance review processes.

Data Collection and Reporting Requirements

The approved reporting requirements for Priority of Service apply at two levels.

  • First, all qualified job training programs are required to adopt the definitions for covered persons that appear in the regulations for their reporting on the services provided to covered persons and to non-covered persons.
  • Second, those qualified job training programs that served, at the national level, an average of 1,000 or more veterans per year during the three most recent years of a program operation are required to implement additional reporting requirements for "covered entrants."

This results in six programs being required to implement the additional reporting requirements:

1)Wagner-Peyser State Grants

2)Workforce Investment Act (WIA) - Adult

3)Workforce Investment Act (WIA) - Dislocated Worker

4)National Emergency Grant

5)Senior Community Service Employment Program (SCSEP)

6)Trade Adjustment Assistance (TAA)

The data elements are identified in TEGL No. 10-09 (Implementing Priority of Service for Veterans and Eligible Spouses). However, with the exception of SCSEP, data collection is temporarily deferred. Further guidance will be issued following future DOL direction.

Technical Assistance

For additional information, e-mail your questions and concerns to the Office of Workforce Development: WIAQNA@jfs.ohio.gov

V.References

Workforce Investment Act of 1998, Public Law 105-220

Workforce Investment Act Final Rules, 20 CFR Part 652, et al.

The Jobs for Veterans Act (JVA), Public law (P.L.)107-288, section 2(a) codified at 38 U.S.C. 4215

Priority of Service for Covered Persons Final Rule, 20 CFR Part 1010, Fed. Reg. 78132 Dec. 19, 2008

U.S. D.O.L. Training and Employment Guidance Letter No. 10-09 (11/10/2009)

U.S. D.O.L. Veterans' Program Letter No. 07-09 (11/10/09)

U.S. DOL Training and Employment Notice 15-10 (11/10/2010)