WIOA State Plan Common Elements

(7) Priority of Service for Veterans. Describe how the State will implement and monitor the priority of service provisions for veterans in accordance with the requirements of the Jobs for Veterans Act, codified at section 4215 of 38 U.S.C., which applies to all employment and training programs funded in whole or in part by the Department of Labor. States should also describe the referral process for veterans determined to have a significant barrier to employment to receive services from the JVSGs (JVSG) program, Disabled Veterans’ Outreach Program (DVOP) specialist.

Men and women who have served in the U.S. armed forces or who have been the spouses of service members have made significant sacrifices on behalf of the United States. In recognition of their service, and in accordance with the WIOA, the Jobs for Veterans Act of 2002[1] and the Veterans’ Benefits, Healthcare, and Information Technology Act of 2006[2], Maryland is committed to prioritizing services to Veterans and spouses who meet the criteria for “covered persons.” Maryland’s workforce system must ensure that members of this population have access to services that enable them to qualify for, find, and keep good civilian jobs in occupations with career pathways.

The table below provides criteria for determining whether an individual meets the WIOA definition for a “covered person:”

For universal access programs, such as Wagner-Peyser, covered persons must receive Priority of Service over all other program participants. However, for programs with specific eligibility criteria, such as the WIOA Title I Adult program, covered persons must first meet all statutory eligibility requirements of the program to receive Priority of Service.

Priority of service for the WIOA Title I Adult Program must be provided int he following order:

• First, to veterans and eligible spouses (who also are included in the groups given statutory priority for WIOA adult formula funds). This means that veterans and eligible spouses who also are recipients of public assistance, other low-income individuals, or individuals who are basic skills deficient would receive first priority for services provided with WIOA adult formula funds.
• Second, to non-covered persons (individuals who are not veterans or eligible spouses) who are included in the groups given priority for WIOA adult formula funds.
• Third, to veterans and eligible spouses who are not included in WIOA’s priority groups.
• Fourth, to any other populations identified by the Governor or Local Board for priority.
• Last, to non-covered persons outside the groups given priority under WIOA.

* Note: When past income is an eligibility determinant for Federal employment or training programs, any amounts received as military pay or allowances by any person who served on active duty, and certain other specified benefits, must be disregarded for the veteran and for other individuals for whom those amounts would normally be applied in making an eligibility determination. Military earnings are not to be included when calculating income for veterans or transitioning service members for this priority.

For programs that target specific populations without statutory mandate, covered persons must receive the highest priority for enrollment, consistent with the priority of service applied to universal access programs. State and local operators do not have the discretion to establish further priorities within the overall Priority of Service; this right is reserved for the United States Secretary of Labor only. Local Area directors must ensure that local WIOA plans incorporate a Veterans Priority of Service policy that is consistent with the requirements of State policy and the law.

Identifying Veteran Status

Each AJC, or other relevant point of entry, should inform covered persons, that by identifying as a Veteran or covered spouse, they are entitled to Priority of Service. One of the responsibilities of the Local Veterans’ Employment Representatives (LVERs) are to ensure that signage and detailed sign-in sheets exist at point of entry. The workforce system and affiliate program operators must enable Veterans and eligible spouses to identify themselves as Veterans at the point of entry to the system or program, so that covered persons can take full advantage of Priority of Service.

AJCs and affiliate program operators must ensure that covered Veterans and eligible spouses are made aware of:

• Priority of Service entitlement;
• The full array of employment training and placement services available;
• Applicable eligibility requirements for programs and services.

Verifying Veteran Status

Any individual self-identifying as a covered person should be provided immediate priority in the delivery of employment and training services. No covered person should be denied access on a priority basis to any services provided by program staff in order to verify covered person status. The only services that require eligibility verification are those that involve the use of outside resources, such as classroom training. For example, to receive training services under WIOA Title I programs, veteran status must be verified. Even in these instances, verification is only necessary where a decision is made to commit outside resources to a covered person over another individual. For all other purposes, covered persons should be enrolled and provided immediate priority before providing verification as a covered person. It is neither necessary nor appropriate for any staff to require verification of the status of a Veteran or eligible spouse at the point of entry, unless the individual who self-identifies as a covered Veteran or eligible spouse:

1. Is to immediately undergo eligibility determination and must be registered or enrolled in a program; or,
2. The applicable federal program rules require verification of covered Veteran or eligible spouse status at that time.

To receive Priority of Service for career services, covered persons may self-attest their Veteran or eligible spouse status. To receive training services under WIOA, however, Veteran status must be verified.

Implementing Priority of Service

The regulations provide that priority of service means the right of eligible covered persons to take precedence over eligible non-covered persons in obtaining services. The regulations further specify that taking precedence may mean:

• The covered person receives access to the service or resource earlier in time than the non-covered person; or
• If the service or resource is limited, the covered person receives access to the service or resource instead of or before the non-covered person.

The regulations specify how priority of service is to be applied across three different types of qualified job training programs:

• Universal access programs that do not target specific groups;
• Discretionary targeting programs that focus on certain groups but are not mandated to serve target group members before other eligible individuals; and
• Statutory targeting programs that are mandated by federal law to provide priority or preference to certain groups.

Monitoring Compliance with Priority of Service

USDOL will monitor recipients of funds for qualified job training programs to ensure that covered persons are made aware of and provided priority of service. Monitoring will be performed jointly by the Veterans’ Employment and Training Service (VETS), the USDOL agency responsible for administering the program, and the Regional Local Veterans Employment Representative (RLVER).

The following will be used to measure compliance:

• The ratio of veterans referred to employment and WIOA services versus non-veteran clients
• The ratio of veterans referred and accepted to WIOA training versus non-veterans
• Are veterans priority of service signage easily seen near entrance
• Are front desk personnel fully versed on veteran priority of service

If monitoring identifies non-compliance with priority of service, the results of the monitoring:

1. Will be handled in accord with each program’s compliance review procedures; and
2. May lead to imposition of a corrective action plan.

Referral Process for Veterans Determined to Have Significant Barriers to Employment

The USDOL’s Employment and Training Administration anticipates that approximately 30 percent of veterans seeking AJC services nationwide will be identified as having a significant barrier to employment (SBE). This guidance is designed to assist DVOP specialists in targeting services to eligible veterans and spouses who meet criteria for SBE status in order to fulfill their primary responsibility to provide intensive services to this population.

An eligible veteran or eligible spouse is determined to have an SBE if he or she attests to belonging to at least one of the criteria below:

• A special disabled or disabled veteran, as those terms are defined in 38 U.S.C. 4211(1) and (3); Special disabled and disabled veterans are those:

• Who are entitled to compensation (or those who would be entitled to compensation, yet are not receiving it due to the receipt of military retired pay) under laws administered by the Secretary of Veterans’ Affairs; or
• Who was discharged or released from active duty because of a service-connected disability;

• A homeless person, as defined in Sections 103(a) and (b) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a) and (b)), as amended;

• A recently-separated service member, as defined in 38 U.S.C. 4211(6), who has been unemployed for 27 or more weeks in the previous 12 months; i.e. the term of unemployment over the previous 12 months remains 27 weeks; however, the requirement of 27 consecutive weeks is eliminated;
• An offender, as defined by WIOA Section 3 (38), who is currently incarcerated or who has been released from incarceration; i.e. the expanded definition of SBE includes any eligible veteran or eligible spouse who is or is currently or formerly incarcerated by removing the last 12 months requirement;
• A veteran lacking a high school diploma or equivalent certificate;
• A low-income individual (as defined by WIOA Section 3 (36));
• A veteran between the ages of 18 and 24 years old who possess limited civilian work history;
• A Vietnam-era veteran. Vietnam-era veterans are those for which any part of their active military, naval, or air service was during the Vietnam era (the period beginning February 28, 1961, and ending May 7, 1975, in the case of a veteran who served in the Republic of Vietnam during that period, and the period beginning August 5, 1964, and ending May 7, 1975, in all other cases); and
• Eligible Transitioning Service Members, Spouses and Caregivers. In annual appropriations bills since the consolidated Appropriations Act of 2014, Congress authorized JVSG grants to support services described in VPL 07-14 to:

• Transitioning members of the Armed Forces who have been identified as in need of individualized career services;
• Members of the Armed Forces who are wounded, ill, or injured and receiving treatment in Military Treatment Facilities (MTFs) or Warrior Transition Units (WTUs); and
• The spouses or other family caregivers of such wounded, ill, or injured members.

Veterans who do not fall into one of the categories targeted for services by DVOP specialists remain eligible for services under WIOA Title I for adults, dislocated workers, and youth, WIOA Title III for employment services under the Wagner-Peyser program.

During a Veteran’s initial visit, AJC staff are responsible for assessing the Veteran to determine whether an SBE exists. If a Veteran self identifies as having an SBE, then AJC staff should use the Eligibility Checklist to document status. The Checklist will be used by the AJC staff

as a way to lead a conversation concerning potential barriers. Staff should not ask the Veterans to complete the form themselves. AJC staff shall assess the Veteran for SBEs in a private area to allow the Veteran an opportunity to feel safe about providing sensitive information.

After the AJC staff’s initial assessment and delivery of Basic Career Services, Veterans with an SBE that require and will benefit from intensive services shall be referred to the DVOP upon the Veteran’s agreement. If a DVOP is requested and is unavailable, the self-attestation form will serve as a referral for DVOPs to follow-up. If the Veteran with an SBE refuses DVOP services, they shall be provided with AJC services.

If an SBE is not identified, then the Veteran shall be provided with the applicable and available ETA-administered AJC services. If a Veteran without an SBE indicates a preference

to work with a Veteran’s representative, Local Area staff should work with JVSG staff to ensure the Veteran job seeker understands DVOP specialists and LVER staff roles. Priority of Service must be given to all eligible Veterans and spouses.

[1] Information on the Jobs for Veterans Act of 2002 is available at www.doleta.gov/programs/VETS.

[2] Information on the Veterans’ Benefits, Healthcare, and Information Technology Act of 2006 is available at www.congress.gov/bill/109th-congress/senate-bill/3421

[3] 38 U.S. Code § 4215 - Priority of service for veterans in Department of Labor job training programs - https://www.gpo.gov/fdsys/pkg/USCODE-2008-title38/pdf/USCODE-2008-title38-partIII-chap42-sec4215.pdf; A Protocol for Implementing Priority of Service For Veterans and Eligible Spouses: https://wdr.doleta.gov/directives/attach/TEN/ten2010/ten15-10a1.pdf