STATE OF NEW HAMPSHIRE DEPARTMENT of RESOURCES and ECONOMIC DEVELOPMENT OFFICE OF WORKFORCE OPPORTUNITY 172 Pembroke Rd Concord, New Hampshire 03302

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1 STATE OF NEW HAMPSHIRE DEPARTMENT of RESOURCES and ECONOMIC DEVELOPMENT OFFICE OF WORKFORCE OPPORTUNITY 172 Pembroke Rd Concord, New Hampshire GEORGE M. BALD Jackie Heuser, Director Commissioner FAX: WIA Policy No: 1A-01 Effective Date: July 1, 2000 Revised: July 1, 2012 PRIORITY OF SERVICE POLICY WORKFORCE INVESTEMNT ACT FUNDED PROGRAMS PURPOSE The purpose of this policy is to establish how the Workforce Investment Act (WIA) Priority of Service, including veterans' priority is to be implemented for the USDOL programs under the management of the Office of Workforce Opportunity, NH Department of Resources and Economic Development (DRED). BACKGROUND WIA Section 134 (d)(4)(e) states that in the event that funds allocated to a local area for adult employment and training activities are limited, priority for intensive and training services funded under Title I Adult funds must be given to recipients of public assistance and other low-income individuals in the local area. States and local areas must establish the criteria by which availability of funds can be determined as well as other appropriate factors. The Governor may establish a process that gives priority to public assistance recipients and low-income individuals, but not exclusive of other individuals meeting the eligibility criteria. In addition, the Jobs for Veterans Act, enacted into Public Law on November 7, 2002 made a number of amendments to encourage access for military veterans to services within an integrated one-stop service delivery system. Section 2(a) (38 United States Code 4215(a)) creates a priority of service for veterans (and some spouses) "who otherwise meet the eligibility requirements for participation" in DOL training programs. WIA Title IB programs are among the 20 DOL-funded workforce programs that are covered by the section 4215 priority (i.e., WIA Adult, Dislocated Worker, Youth). POLICY This policy applies to WIA Adult, Dislocated Worker and Youth programs administered by the Office of Workforce Opportunity, DRED (including state formula, and ARRA funds as applicable.) 1

2 A. WIA Adult Priority of Service Policy The WIA Title I Adult program has mandatory priority provision established by law requiring priority of service for intensive and training services to low income and public assistance individuals in the event that funds allocated to a local area for adult employment and training activities are limited. The Office of Workforce Opportunity will assign priority of service status based on local area recommendations, and NH Works Operator Consortium approval. At a minimum, the local WIA service provider will review funding availability in January of each program year to determine if funds are limited, based on local expenditures in relation to total availability. A formal recommendation for implementation (or continuation) of Priority of Service status, and the target populations eligible for service under a Priority of Service mandate (i.e. public assistance recipients and low-income adults), will be submitted to the NH Works One-Stop Operator Consortium for final approval. Veterans (see Veteran s Priority Policy) meeting program eligibility requirements are to be served within the context of this existing statutory priority to public assistance and low-income persons for intensive and training services. This will be done as follows: The first population to receive intensive and training services is public assistance and low-income veterans; The second priority is for public assistance and low-income non-veterans; The third priority is for veterans who are not low-income or receiving public assistance; The last priority is for adults who are non-veterans who are not low-income or receiving public assistance. Contractors are not required to change their allocations among services to reserve funds for Adult Priority of Service target populations, but are required to ensure that eligible priority of service individuals are given priority over non-economically disadvantaged individuals for all available services. The WIA Adult Priority of Service policy does not apply to WIA Dislocated Workers, National Emergency Grants or WIA Youth Program participants. B. Veterans Priority of Service Policy For purposes of this policy, the term veterans priority of service means that a covered person, who meets program eligibility requirements, shall be given priority over non-veterans for the receipt of all services provided under a DOL funded program, notwithstanding any other provision of law. A covered person is defined as: a veteran, or the spouse of any of the following individuals: o any veteran who died of a service-connected disability; o any member of the Armed Forces serving on active duty who, at the time of application for, is listed by the Secretary as concerned in one or more of the following categories and has been so listed for a total of more than 90 days: missing in action, captured in line of duty by a hostile force, or 2

3 forcibly detained or interned in line of duty by a foreign government or power; o any veteran who has a total disability resulting from a service-connected disability; or o any veteran who died while a disability so evaluated was in existence. Eligibility for DOL-funded programs will not change with the implementation of veterans priority for services as all veterans and other covered persons, as defined above, must meet program eligibility requirements in order to receive priority of service. Contractors are not required to change their allocations among services to reserve funds for veterans, but are required to ensure that eligible veteran workers are given priority over nonveterans for all available services. Contractors are not required to create special procedures for registration or apply different criteria for suitability of a veteran customer for any service. The same assessment procedures and criteria for determining appropriate service interventions should apply to veterans and non-veterans. In the event that there are more customers qualified and available for service than resources allow to be served, priority for service must be given to those eligible veterans in the group of those awaiting service, subject to the statutory targeting provisions discussed above. As stated above, in implementing veterans priority in the Adult program, the first population to receive intensive and training services would be public assistance and lowincome veterans; then public assistance and low-income non-veterans; then veterans who are not low-income or receiving public assistance; and lastly would be adults who are nonveterans who are not low-income or receiving public assistance. Dislocated workers who are veterans will receive priority over non-veterans. Veterans who are not dislocated workers may not be served with dislocated worker funds. Eligibility for the WIA Youth program is not affected by the veterans' priority. The Jobs for Veterans Act provides priority service only to veterans who meet the program's eligibility requirements. The priority provision at WIA sec. 129 (c) (4) requires, with limited exceptions, that program operators ensure that at least 30 percent of local area funds be used to serve outof-school youth. The NH WIA Youth Council has issued policy which requires that at least 40 percent of WIA Title I Youth funds be used to serve out-of-school youth. The veterans' priority does not change these requirements. ACTION REQUIRED This policy letter shall be revised annually and shared with all appropriate staff, including WIA state and local level program operators and service delivery staff. In addition, the following requirements shall be implemented consistent with Adult Priority of Service and/or Veteran s Priority of Service provisions. 3

4 All WIA funded contractors should familiarize themselves with the content of this policy and ensure full compliance with the implementation of provisions set forth within. All WIA funded contractors must determine whether or not each person applying for or receiving assistance funded by an applicable program is covered by the WIA Adult Priority of Service and/or Veteran s Priority provisions. WIA grantees and sub-grantees must include specific grant language in their grants/contracts to ensure that those entities are fully aware of the veteran priority requirements and of their obligation to design service delivery strategies accordingly. All RFPs, grants/contracts, and (where feasible) memoranda of understanding or other service provision agreements, must be administered in compliance with the veterans priority provisions and must include DOL s required language stating such. Outreach, marketing and self-service tools, including DOL-funded websites and brochures, must provide information on veterans priority (employment-related rights and benefits to which they are entitled under the Jobs for Veterans Act) and how to access assistance in receiving priority service. Procedures should be developed to ensure that each covered person who applies to or is assisted by a program is informed of the employment-related rights and benefits to which they are entitled, including use of the following language: This program is subject to the provisions of the Jobs for Veterans Act, Public Law , which provides priority of service to veterans and spouses of certain veterans for the receipt of employment, training, and placement services in any job training program directly funded, in whole or in part, by the Department of Labor. Please note that, to obtain priority service, a veteran must meet the program s eligibility requirements. Local procedures should be developed to implement requirements under the Job for Veterans Act. Procedures should be developed to monitor compliance with the Act, including compliance by all contractors. All RFPs, grants/contracts, and (where feasible) memoranda of understanding or other service provision agreements, must be administered in compliance with the veterans priority provisions and shall include the following language: This program is subject to the provisions of the Jobs for Veterans Act, Public Law , which provides priority of service to veterans and spouses of certain veterans for the receipt of employment, training, and placement services in any job training program directly funded, in whole or in part, by the Department of Labor. Please note that, to obtain priority service, a veteran must meet the program s eligibility requirements. References WIA 134(d) (4) (E); Regs , , (d), and Jobs for Veterans Act (P.L ) Training and Employment Guidance Letter (TEGL). No Jobs for Veterans Act; DOL s Q&A at 4

5 PRIORITY OF SERVICE STATUS (Effective July 1, 2012) A. WIA Adult Priority of Service Effective July 1, 2012 the WIA Adult Priority of Service mandate outlined below shall remain in place, unless otherwise directed by the Office of Workforce Opportunity and/or the NH Works Consortium. 70 percent or more of all WIA Adult participants (i.e., individuals enrolled in the WIA Adult Program) must have family incomes below the USDOL income guidelines for determining low-income status, and/or be a recipient of public assistance (as defined by WIA regulations) to be certified eligible for participation in WIA Intensive and Training Services. Individuals may receive Core Services regardless of income level. Veterans meeting program eligibility requirements are to be served within the context of this existing statutory priority to public assistance and low-income persons for intensive and training services. Up to 30 percent of all WIA Adult participants (enrolled within a program year) do not need to be economically disadvantaged and/or a recipient of public assistance to receive intensive and training services. (e.g., employed adults, not income eligible, or any individual 18 years of age or older facing barriers to employment). A covered person as defined by the veteran s priority of service mandate, with demonstrated barriers to employment, will be given priority for enrollment over all other groups qualifying for participation as a WIA Adult non-priority of service enrollment (i.e., 30% non-economically disadvantaged) B. Veteran s Priority of Service for all USDOL Funded Programs Effective July 1, 2012 the Veteran s Priority of Service mandate outlined below shall be enforced. Veteran s Priority of Service cannot be waived or modified. All dislocated workers who are veterans will receive priority over non-veterans. Veterans who are not dislocated workers may not be served with dislocated worker funds. In the event that a youth pursuing access to a WIA Youth funded program is also a veteran, he/she will be given priority within the context of program eligibility. In implementing veterans priority in the Adult program, the first population to receive intensive and training services would be public assistance and low-income veterans; then public assistance and low-income non-veterans; then veterans who are not lowincome or receiving public assistance; and lastly would be adults who are nonveterans who are not low-income or receiving public assistance. Approved by: NH Works One-Stop Operator Consortium Date Approved: September 5, 2012 The Office of Workforce Opportunity, DRED is a sponsor of the NH WORKS system and a proud member of America s Workforce Network and an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. 5