ACTION BULLETINS (PY 2004)
AB - 43 PRIORITY OF SERVICE FOR VETERANS
AB - #43
Effective Date: Immediately
ACTION BULLETINS (PY 2004)
AB – 43 Priority of Service for Veterans
ACTION BULLETIN
TO: One-Stop Career Centers Site Managers
Youth Service Provider Managers
All Other WIA Program Operators
DATE: September 16, 2004
SUBJECT: Priority of Service for Veterans/Spouses of Certain Veterans
PURPOSE OF BULLETIN:
The purpose of this bulletin is to clarify the requirement and to outline the implementation of the Priority of Service for Veterans/Spouses of Certain Veterans for the Adult, Dislocated Worker and Older Youth WIA programs beginning with Program Year (PY) 2004-05.
CITATION(S):
State of California Workforce Investment Division (WID)
Information Bulletin WIAB04-4, 07/06/04
Department of Labor (DOL) Employment and Training Administration (ETA)
Training and Employment Guidance Letter (TEGL) NO. 5-03, 09/16/03
“Jobs for Veterans Act” (Pub. L.107-288), 11/02/02
BACKGROUND:
On November 2, 2002, President Bush signed the “Jobs for Veterans Act”. Section 2(a) of the Act 38 U.S.C. 4215(a) creates a priority of service for veterans (and spouses of certain veterans) “who otherwise meet the eligibility requirements for participation” in DOL training programs. A Veteran/Covered Person under the Jobs for Veterans Act is defined as:
(A) A veteran.
(B) The spouse of any of the following individuals:
(i) Any veteran who died of a service-connected disability.
(ii) Any member of the Armed Forces serving on active duty who, at the time of application for assistance under this section, is listed, pursuant to section 556 of title 37 and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than 90 days:
(I) missing in action,
(II) captured in line of duty by a hostile force, or
(III) forcibly detained or interned in line of duty by a foreign government or power.
(iii) Any veteran who has a total disability resulting from a service-connected disability.
(iv) Any veteran who died while a disability so evaluated was in existence.
On September 16, 2003 the Department of Labor (DOL) Training and Employment Administration (ETA) stated in Training and Employment Guidance Letter (TEGL) 5-03 that the following programs are affected by the law: the Workforce Investment Act (WIA) Adult and Dislocated Worker formula-funded program, National Emergency Grants, H-1B Technical Skills Training Grants, WIA Demonstration Projects, the WIA Youth formula-funded program, and Pilot projects. For most DOL programs, implementing the veterans’ priority will pose few practical difficulties.
The TEGL states that performance standards will not be developed regarding services to veterans. However, under the Jobs for Veterans Act, the Secretary of Labor is required to develop an Annual Report to Congress beginning in Program Year (PY) 2003-04 focusing upon three areas: (1) whether veterans are receiving priority service in workforce programs; (2) whether veterans are being fully served by these programs; and (3) whether the representation of veterans in such programs is in proportion to the incidence of representation of veterans in the labor market. Our LWIA will begin the priority of service in PY 2004-05, though reports will be retroactive to PY 2003-04.
POLICY:
The WIA Adult, Youth and Dislocated Worker programs will provide a priority of service to veterans/spouses of certain veterans under the Jobs for Veterans Act beginning with PY 2004-05. The following criteria developed by the ETA will be applied for the Adult, Older Youth (19-21 years of age) and Dislocated Worker programs:
· Eligibility for the WIA Adult, Older Youth and/or Dislocated Worker program is not changed by the veterans’ priority.
· The Jobs for Veterans Act provides priority service only to veterans/covered persons who meet the WIA Adult, Older Youth or Dislocated Worker program eligibility requirements.
· Available funds will not change nor are local areas required to set aside funds to serve veterans.
· The priority for veterans is mandated by law and cannot be waived.
· When eligibility requirements are met and all other things are equal veterans or spouses of certain veterans will receive priority over non-veterans.
PROCEDURE:
Veterans, spouses of certain veterans, and non-veterans all have equal access to be determined appropriate for, in need of, and enrolled into the WIA Adult, Older Youth (19-21 years of age) or Dislocated Worker programs as part of an overall service design to meet contractual and performance outcomes.
However, when both a veteran/spouse of certain veteran and a non-veteran:
· Are unable to retain/obtain employment through Core Self-Directed Services,
· Complete a staff evaluation of their appropriateness for services and whether they have a reasonable expectation of success to participate in selected services,
· Complete an appropriate referral process i.e Steps to Success,
· Meet all of the Eligibility Criteria for enrollment: Residency, Age, Right-to-Work, Selective Service and Dislocated Worker status (if applicable).
· Require Intensive or Training services to obtain/retain employment; BUT
· There is limited training monies or the provider contractual goals are almost met, THEN: The Veteran or Spouse of Veteran will be given priority over the non-veteran.
Box numbers 65 through 70 on the WIA Application Form will be used to capture information regarding Veteran/Spouse of Certain Veteran status. Acceptable documentation will be required to verify veteran/covered person status when submitting a complete file for eligibility determination. The Technical Assistance Guides will be updated and redistributed outlining acceptable documentation.
RESOURCES:
The Employment Development Department (EDD) Veterans Service unit is currently located at three (3) offices within Alameda County. The following Veterans Representatives are available to provide referrals for services and provide additional services to veterans/spouses enrolled in WIA funded programs:
Eden Area One Stop 24100 Amador St., 3rd Floor Hayward, CA
John Skally 510-259-3528 JSkally@edd.ca.gov
Ron Huddleston 510-259-3524 RHuddles@edd.ca.gov
Tri City One Stop, Fremont 39155 Liberty St. Fremont, CA
Fred Koenig 510-794-3892 FKoenig@edd.ca.gov
Wayne Weible 510-794-3964 WWeible@edd.ca.gov
Oakland East One Stop 675 Hegenberger Rd., 3rd Floor Oakland, CA
Oneida Hendrix 510-563-5240 OHendrix@edd.ca.gov
Jay McDowell 510-563-5259 JMcDowel@edd.ca.gov
ADDITIONAL RESOURCES:
Employment Development Department – Veterans: http://www.edd.ca.gov/eddv.htm
All EDD Job Service offices have specially-trained staff to ensure veterans of the U.S. Armed Forces receive maximum employment and training opportunities. Services can include counseling, labor market information, job referrals, job search workshops, and job development with potential employers.
VETS Resource Connection: http://nvti.cudenver.edu/VETSResource2/default.htm
The VETS Resource Connection provides links for information and resources related to employment, reemployment, training, education and benefits for veterans.
INFORMATION AND INQUIRIES:
For information and inquiries please contact Linda Slater, MIS Administrator at (510) 259-3802 or by email at LSlater@acgov.org
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