ten15-10.pdf

ETA Advisory File Text

A Protocol for Implementing Priority of Service For Vete ran s and Eligible Spouses Prepared by U.S. DEPARTMENT OF LABOR Employment and Tra i n i ng Administration ETA and Vete ra n s Employment and Tra i n i ng Service VETS 2 INTRODUCTION It is the responsibility of the public workforce system to provide priority of service to all veterans and eligible spouses who receive services under any qualified job training program funded in whole or in part by the U.S. Department of Labor DOL . With the many competing priorities that the workforce system is facing during this challenging economic environment it is critical that the system ensure priority of service to veterans and their eligible spouses. Through this protocol for implementing Priority of Ser vice POS the Department of Labor s Employment and Training Administration ETA is providing technical assis tance to the workforce system at all levels including One Stop Career Centers local Workforce Investment Boards WIBs State Workforce Agencies and other tar geted grant programs to help them enact policies and procedures to ensure that POS is implemented fully and effectively for veterans and their eligible spouses . WHO IS A COVERED PERSON A veteran who is eligible or spouse of an eligible veteran who is entitled to receive priority of service is a person who has served at least one day in the active military naval or air service and who was discharged or released from service under any condition other than a condition classified as dishonorable is a covered person. This defi nition includes Reserve units and National Guard units activated for Federal Service. It is important to note that the definition of veteran in the Jobs For Veterans Act JVA the Priority of Service Regula tions and TEGL 10 09 differs from the definition of veteran that applies to reporting of Wagner Peyser services and to eligibility to receive services from a Disabled Veterans Outreach Program DVOP specialist or a Local Veterans Em ployment Representative LVER staff member. The veteran definition that requires the individual to have over 180 days of active service still applies to Wagner Peyser reporting and to eligibility for DVOP and LVER services but does not apply to priority of service in DOL funded employment and training programs. It is the responsibility of the program operator to ensure that policies and procedures and staff training reflect the correct eligibility definition. Introduction Page 2 Who is a Covered Person Page 2 Background Page 3 Goal For This Protocol Page 3 Determining the Status of Veterans Page 4 Determining the Status of Eligible Spouses Page 4 The State Workforce Agency s Role in Implementing Priority of Service Page 5 Strategic Planning Page 6 Local Workforce Investment Board s Role in Imple menting Priority of Service Page 6 One Stop Career Center s Role in Implementing Pri ority of Service Page 6 One Stop Career Center Policies and Procedures Page 7 Questions to Consider Page 7 Training of One Stop Career Center Staff Page 7 Point of Entry and Initial Services Page 8 Core and Intensive and Training Services Page 9 Business Service Units Page 9 Virtual Services Page 10 Outreach Page 10 Veterans Who Visited One Stop Career Centers in the Past Page 10 Conclusion Page 11 3 BACKGROUND The Jobs for Veterans Act JVA PL 107 288 signed into law on November 7 2002 requires that there be priority of service for veterans and eligible spouses in any workforce prepara tion development or delivery program or ser vice directly funded in whole or in part by the U.S. Department of Labor 38 U.S.C. 4215 . The Priority of Service regulations codified at 20 CFR 1010 were issued December 19 2008 and require qualified job training programs to im plement priority of service for veterans and eligible spouses effective January 19 2009. To provide additional guidance to the work force investment system and all impacted grantees the ETA and the Veterans Employ ment and Training Service VETS issued guid ance regarding implementation of priority of service on November 10 2009 through Train ing and Guidance Letter TEGL 10 09 and Vet erans Program Letter VPL No. 07 09. That guidance details the requirements of State Workforce Agencies SWAs local WIBs and One Stop Career Centers in providing priority of service to veterans and eligible spouses the law refers to these individuals as covered per sons. For the purpose of this Protocol we will refer to covered persons as veterans and eligi ble spouses. Those persons not eligible for priority of service are referred to in this proto col as non covered persons. Service providers should have processes in place at the point of entry to the system to identify veterans and eligible spouses who are entitled to priority of service. Priority of ser vice means the right of veterans and eligible spouses to take precedence over a non covered person in obtaining all employment and training services. Depending on the type of service this may mean veterans and eligible spouses receive services earlier in time or in stead of non covered persons . GOAL FOR THIS PROTOCOL The goal of this Protocol is to provide action steps to support the strategic planning of the SWAs local WIBs One Stop Career Centers and other targeted grantees and to provide effective strategies for service delivery for veterans and eligible spouses in One Stop Career Centers. This Protocol can also help assess current procedures and improve priority of service methods for all levels of the workforce system. The Protocol amplifies information from the Priority of Service regulations TEGL 10 09 and VPL 07 09 and does not contain any new or conflicting information. Its pur pose is to provide information suggestions and exam ples about how to effectively implement priority of ser vice to meet the requirements of the Department s regulations. After reviewing this protocol individuals managing the Department s grants will have useful tools and examples to help inform their planning and implementation of priority of service. 4 DETERMINING THE STATUS OF A VETERAN Veteran status is determined from answers to some key questions 1. Did the individual serve on active duty in the U.S. Armed Services 2. Is the individual still in the Armed Forces Answers of yes to the first ques tion and no the second question may qualify the person as a veteran or eligible souse. 3. Finally what type of discharge did the individ ual receive DETERMINING THE STATUS OF ELIGIBLE SPOUSES An eligible spouse means a spouse of any of the fol lowing a. A spouse of any veteran who died of a service connected disability b. A spouse of any member of the Armed Forces serving on active duty who at the time of application for the priority is listed in one or more of the following catego ries and has been so listed for a total of more than 90 days i. Missing in action ii. Captured in the line of duty by a hostile force or iii. Forcibly detained or interned in the line of duty by a foreign government or power. c. A spouse of any veteran who has a total disability re sulting from a service connected disability as evaluated by the Department of Veterans Affairs or d. A spouse of any veteran who died while a disability was in existence. A spouse whose eligibility is derived from a living veteran or service member categories b. or c. above would lose his or her eligibility if the veteran or service member was to lose the status that is the basis for the eligibility e.g. if a veteran with a total service connected disability were to receive a revised disability rating at a lower level . Similarly a spouse whose eligibility is derived from a living veteran or service member would lose that eligibility upon divorce from the veteran or service member. However a spouse who qualifies under cate gories a. or d. would not lose covered status through subse quent remarriage. Any discharge that is not dis honorable qualifies the individ ual as a veteran who is entitled to priority of service NOTE The full definition of veteran and eligible spouse is specified in 38 U.S.C. 101 2 . The definition of veteran for the purposes of pri ority of service is different from the definition of veteran that applies under the Wagner Peyser Act. To meet the requirements of priority of ser vice you must use the definition included in 20 CFR 1010. Only a veteran s discharge clearly categorized as Dishonorable would bar a veteran or a vet eran s spouse from eligibility for priority of ser vice. 5 The process of effectively and uniformly imple menting priority of service begins with the State Workforce Agency conducting a strategic review and analysis of its policies and procedures to iden tify where priority of service applies and where guidance from the state is needed. While the Priority of Service Regulations and joint guidance issued by ETA and VETS provide defini tions and requirements the state has a strong role in applying them to their programs by creating and implementing policies procedures and ensuring that priority of service is implemented uniformly and appropriately across its local systems To meet the requirements in the regulations and the TEGL and to ensure that veterans and eligible spouses receive the priority of service offered to them by law states should have comprehensive poli cies state plans procedures and processes that ad dress Implementation of priority of service by the State Workforce Agency local WIBs and One Stop Career Centers for all employment and training services delivered through the state s workforce system Guidance for local WIBs on strategic planning and required areas for policy and service de livery changes Necessary adjustments to Web sites and other portals by which job seekers remotely access resources including self service re sources to notify users of priority of service to ensure veterans and eligible spouses re ceive this benefit Integration of DVOP specialists and LVER staff members both as sources of information on priority of service as well as specialized ser vice providers for those veterans who qualify to receive their services Language in contracts sub contracts solicita tions for grant awards sub grants memo randa of understanding MOUs and other service provision agreements to ensure com pliance with priority of service by sub recipients Data collection procedures and tools to track services to veterans and eligible spouses and Monitoring of sub recipients to ensure com pliance with priority of service requirements. THE STATE WORKFORCE AGENCY S ROLE IN IMPLEMENTING PRIORITY COMMUNICATIONS Implement communication strategies among SWAs local WIBs One Stop Career Center man agers and sub recipients to ensure that policy changes and expectations are clearly articu lated strategies for priority of service are clearly conveyed and solutions to barriers to priority of service are generated and shared. STATE STRATEGIC PLANNING AND GUIDANCE States and local areas should include veteran s priority of service in their strategic planning. The state s plan ning should consider 7 ONE STOP CAREER CENTER POLICIES AND PROCEDURES Local One Stop Career Centers must de velop local policies and procedures to im prove integration of priority of service into existing service delivery strategies. This means that One Stop managers should establish business processes to ensure that veterans and eligible spouses are identified at the point of entry and to facilitate the implemen tation of priority of service by inform ing veterans and eligible spouses of 1. Their entitlement to priority of service 2. The full array of employment training and placement services available under priority of service and 3. Any applicable eligibility requirements for those programs and or services. QUESTIONS TO CONSIDER Has the One Stop Career Center evaluated its service provision to all groups of veterans including 1. Separating veterans who are in need of support to enter the civilian workforce for the first time includ ing veterans who need assistance transferring their skills experience and credentials to the civilian job market 2 . Veterans who have been back in the civilian work force for some time and may be experiencing unem ployment as a result of the economic downturn and 3. Veterans who have had long periods of unemploy ment and may require additional support due to homelessness or disabilities and other barriers to employment TRAINING OF ONE STOP CAREER CENTER STAFF Helping veterans obtain training and employment is the responsibility of all One Stop Career Center staff. All One Stop Career Center staff should be trained in priority of service re quirements. This training will allow veterans rep resentatives and One Stop Career Center program staff to learn about veterans needs and the re sources available to help veterans access the full range of services available in the community. AREAS OF STAFF TRAINING SHOULD INCLUDE Understanding the definitions of veteran and eligible spouse Knowing the requirements of priority of ser vice Obtaining DD 214 forms and other state approved documentation of veteran status and clarifying when that documentation must be provided Providing training on the specific needs of various populations of veterans and eligible spouses Using data and tools that are specific to serv ing veterans to evaluate military experience and credentials against civilian occupations Understanding the criteria that qualify some veterans and eligible spouses for the special ized services of DVOP specialists and LVER staff and Becoming familiar with other services avail able to veterans and eligible spouses through out the community. Point of Entry can include Reception Areas Re source Areas Web sites Self service Kiosks and Informational bulletin boards etc. One Stop Career Center managers should also consider holding staff meetings to provide opportunities for informal training and general sharing of program information policies procedures and updates. 8 POINT OF ENTRY AND INITIAL SERVICES One Stop Career Centers must have intake forms or sign in sheets to identify veterans and eligible spouses when they visit service delivery points in person or through other means. In order to encourage individuals to self identify One Stop Career Centers must develop and prominently display signs that clearly describe priority of service and the registration process. This information must also be conveyed when veterans and eligible spouses access ser vices electronically or by telephone. It is the responsibility of the One Stop Career Center manager to establish customized processes for providing priority of service within the local state strategic guid ance. At intake this can be accomplished by assessing veteran s status through sign in sheets Another alterna tive is to establish a way to greet veterans similar to the way airports provide priority service to some of their prior ity passengers. One Stops can create veteran only sign in sheets or designated veteran areas in the One Stop Career Centers. Staff should also be trained to ask about veteran status at intake. Whatever policies are established they should be consistent in providing priority of service for the use of self service resources and staff assisted services. It is important to distinguish between identifying a veteran for priority of service and verifying a veteran s status. At the point of entry it is neither necessary nor appropriate to require verification of the status of a veteran or eligible spouse. If an individual self identifies as a veteran or eligible spouse at a One Stop Career Center that individual should be provided immediate priority in the delivery of employ ment and training services. When a veteran or eligible spouse undergoes eligibility determination for enrollment e.g. in WIA Adult pro grams it is appropriate to initiate verification of veteran status. If a veteran or an eligible spouse at the point of eligibility determination and enrollment does not have documenta tion verifying his her eligibility for priority of service he she is to be afforded access on a priority basis to all ser vices provided by program staff including intensive ser vices while awaiting verification. The only services that require prior verification of eligibility for priority of service are those that require a commitment of outside resources such as classroom training . The One Stop Career Center manager has the re sponsibility to establish a process for providing priority of service Revisions of forms sign in sheets and other means to identify veterans and eligible spouse may be necessary Signage is an important element in ensuring vet erans identify themselves Staff should be trained to ask about veteran status at intake One Stop Career Centers may establish veteran only sign in sheets or designated areas pat terned after airport practices for priority passen gers If an individual self identifies as a veteran or spouse at a One Stop Career Center the individ ual should be provided immediate priority . 9 One Stop Career Center managers must put in place pro cedures that allow veterans and eligible spouses to re ceive priority of service at all stages of core intensive and training services. For veterans who are recently separated or who have recently lost their jobs due to the economic down turn many of these intensive services will be vital to preparing them for employ ment. The use of assessment and test ing can be important tools for ensuring that veterans and eligible spouses re ceive the services that they need to be successful. Based on these assessments veterans and eligible spouses should re ceive priority in accessing training that is determined nec essary by the case managers. This may include occupa tional skills training on the job training job readiness training adult education and literacy and or employer customized training. In order to ensure priority of service One Stop Career Center managers must see to it that vet erans and eligible spouses receive intensive services be fore other non covered persons. Similarly veterans and eligible spouses are to receive first priority on any waiting list that are maintained for training slots and they are to be enrolled in training prior to non covered persons. However once a participant is enrolled in a workshop or training class he she may not be displaced by a veteran or eligible spouse for that class or service. One Stop Career Center managers should also consider developing job search workshops that are specific to the needs of veterans and eligible spouses in the area. These workshops may be held in conjunction with the Transition Assistance Program TAP employment workshop sessions for separating service members or in conjunction with ori entations offered by LVER DVOP staff. CORE INTENSIVE AND TRAINING SERVICES Targeting policies for specific populations such as the WIA formula programs should note that priority of service for veterans and priority of service for low in come individuals should be implemented in tandem. Therefore low income veterans and eligible spouses would receive first priority followed by low income non covered persons . For more information on this see Section I. Programs with Statutory Priorities in Attachment A of TEGL 10 09. The use of assessment and testing can be important tools for ensur ing that veterans and eligible spouses receive the services they need to be successful. Training may include Occupational skills training On the job training Job readiness training Adult education and literacy Employer customized training BUSINESS SERVICE UNITS The One Stop Career Center staff must review and up date current employer outreach strategies to ensure that veterans and eligible spouses are integrated into service delivery strategies. This may include changes to outreach information given to the business commu nity as well as identifying new employers for promot ing the hiring of veterans. Veteran status should be flagged in systems that match job seekers with job postings to help employers identify veterans and eligi ble spouses job seekers. Some suggestions for provid ing priority of service when working with employers include Coordinating the employer outreach and job development activities undertaken by business service units with the related responsibilities of LVER staff Flagging of Federal job opportunities in or der to guide veterans to these listings Use of veteran only electronic employment resources Identifying employers who are interested in hiring veterans Identifying Federal contractors required by the Department of Labor s Office of Federal Con tract Compliance Programs OFCCP to provide hiring preference to veterans and promote the hiring of veterans Inviting employers to workshops that promote the benefits of hiring veterans Working with industry sectors that include oc cupations that crosswalk well to military train ing education and experience and Promoting job fairs for veterans and eligible spouses. 10 The use of posted bulletins and brochures in side the One Stop Career Center and at job fairs veterans services and benefits fairs stand downs and community events is a valuable and inexpensive way to conduct outreach and to pro mote priority of service to veterans and eligible spouses. Outreach to Veterans Service Organizations is also an effective strategy. These organizations welcome the opportunity to disseminate informa tion and to schedule presentations about services available to their members. One Stop Career Centers may also generate a list of veterans who have visited the One Stop but have not received staff assisted services and attempt to re engage them by sending letters making phone calls or sending email. VIRTUAL SERVICES In addition to revising paper forms One Stop Career Centers must be prepared to institute information col lection at virtual points of entry to meet the require ments of the Priority of Service regulations. This means that Web sites must include content that explains priority of service as well as provides veter ans and eligible spouses with an opportunity to self identify through vir tual sign up and registra tion forms. Once identi fied through virtual access points One Stop Career Center staff including the DVOP LVER staff may contact the veteran or eligible spouse to inform them of the full array of ser vices available through the One Stop Career Center. Likewise call centers and information hotlines must make sure that scripts pre recorded announcements and standard greetings inform callers of priority of ser vice for veterans and eligible spouses. As part of implementing priority of service One Stops are encouraged but not required to implement an out reach strategy. There are many ways a One Stop can create a robust outreach strategy to engage various types of veterans including transitioning separated and or homeless veterans and eligible spouses. Web sites must in clude content that explains priority of service as well as provide veterans and eligible spouses with an opportunity to self identify through virtual sign up and registration forms OUTREACH FOUR STEPS TO CONSIDER 1. Connecting to nearby military installations in order to engage transitioning service members and eligible spouses 3. Working with Local Veterans Employment Rep resentatives and Disabled Veterans Outreach Program specialists to ensure coordination with DOL VETS funded programs 3. Visiting local homeless shelters and stand downs to encourage homeless veterans to access the One Stops and 4. Working with the Department of Veterans Af fairs to serve veterans in the community who may need support gaining employment. GETTING THE WORD OUT TO VETERANS AND ELIGIBLE SPOUSES WHO HAVE VISITED ONE STOP CAREER CENTERS IN THE PA S T CONCLUSION The requirement to provide priority of service applies to all WIA Wagner Peyser Act discretionary grants targeted programs Senior Community Service Employment Program Indian and Native American Programs National Farmworkers Job Programs and Trade Adjustment Assistance and all other programs and services funded in whole or in part by the DOL. Agreement by a program opera tor to implement priority of service is a condition of receipt of DOL funds. This requirement cannot be waived. To help the workforce system implement priority of service this Protocol along with the guidance in TEGL 10 09 and VPL 07 09 provides an overview of some promising strategies to implement priority of service to veterans and eligible spouses. While the strategies discussed here show promise for ad dressing the service delivery strategies for implementing priority of service there are many other policies and practices that can be implemented to ensure that program operators are in compliance with the JVA. ADDITIONAL RESOURCES ETA s Regional office staff can provide additional information and examples of ways to implement priority of service to meet the requirements set forth in the JVA. For a listing of ETA Regional Offices visit http www.doleta.gov Regions regoffices Pages eta default.cfm The careeronestop website www.mySkillsmyFuture.org can help career changers find new occupa tions to explore. Users can identify occupations that require skills and knowledge similar to their cur rent or previous job learn more about these suggested matches locate local training programs and or apply for jobs. VETS and ETA have Regional Directors Administrators co located at each of the six ETA Regional Office locations. In addition VETS has Directors of Veterans Employment and Training DVETs in every state. These federal officials are familiar with the veteran communities within the states to which they are assigned and can provide valuable information and examples of promising practices for pro viding priority of service and provide connections to VETS programs and grants in the state. For a list ing of VETS Regional Offices and State Offices visit http www.dol.gov vets aboutvets contacts main.htm RegionalStateDirectory Finally DVOP specialists and LVER staff members in the One Stop Career Center can be a valuable re source and can help to facilitate the delivery of services to veterans. DVOP specialists and LVER staff members can cross train One Stop Career Center staff and can provide tailored services to veterans and eligible spouses who have barriers to employment and who meet the eligibility criteria for those services. It is important to note that veterans can and should be served by any One Stop staff LVERs and DVOPs have specialized roles in the One Stops and their experiences make them experts in ad dressing the unique needs of veterans. 11 12