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Published byElisabeth Barker Modified over 8 years ago
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Participants will have a knowledge and understanding of priority of service in DOL funded programs
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Background of the Regulations Background of the Regulations History Key Definitions Implementing Priority of Service 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 Reporting on Priority of Service
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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 – Getting Underway
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Priority of service that a covered person shall be given priority over nonveterans for the receipt of employment, training, and placement services `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
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Qualified job training program `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
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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
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covered person 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
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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
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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
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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
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Covered Entrant 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 Date – The date of initial contact Entry Period – Begins on the entry date and ends 45 days later Entry Period – Begins on the entry date and ends 45 days later
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§ 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)
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Priority of service is to be addressed in: Priority of service is to be addressed in: States’ Strategic Plans Local Workforce Boards’ Strategic Plans Policies apply to: Policies apply to: State Workforce Agencies Local Workforce Investment Boards One-Stop Career Centers
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Identifying covered persons at point of entry Identifying covered persons at point of entry Implementing processes to ensure covered persons are made aware of: 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
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The right to take precedence over non-covered persons – Depending on the type of service or resource being provided, taking precedence may mean: 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
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Universal Access Programs Universal Access Programs Do not target specific groups Covered persons receive priority Discretionary Targeting Programs Discretionary Targeting Programs Focus on special groups, but not mandated Covered persons receive highest priority Statutory Targeting Programs 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
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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
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Recipients must collect information in accordance with DOL instructions 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 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 The six programs serving the most veterans are required to add reporting on covered entrants 20 CFR 1010.330
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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
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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)
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Develop a knowledge and understanding of program indicators and measurements, how to review and take action for overall program success.
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VETS is shifting from the former inspection, compliance and enforcement focus to a more cooperative technical assistance, coaching, training and program review process. DM 13-04
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Entered Employment Rate (EER) Employment Retention Rate (ERR) Average Earnings (AE)
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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
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Measurements Veterans Entered Employment Rate Veterans Employment Retention Rate Veterans Average Earnings Disabled Veterans Entered Employment Rate Disabled Veterans Employment Retention Rate Disabled Veterans Average Earnings
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o DVOP Disabled Veterans EER (SAS) Disabled Veterans ERR o LVER Recently Separated Veterans EER (SAS) Recently Separated Veterans ERR o LVER/DVOP Consolidated Veterans EER (SAS) – Weighted Veterans ERR Veterans AE
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Comparing weighted outcomes as of June 30, 2009 No difference between the rates: 8 States Difference of 1 – 5%: 29 States (2.5% avg.) Difference of 6 – 10%: 11 States Difference of 10% or more: 5 States Results do not reflect favorably on JVSG
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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.”
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o Review and analysis o Decision to follow-up or close the process o VETS letter of action o Follow-up = the beginning of the process o Closure = the end of the process
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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
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Develop a knowledge and understanding of program indicators and measurements, how to review and take action for overall program success.
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