Participants will gain
knowledge of priority of
service

Background of the Regulations
History
 Key Definitions


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
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

`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
`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
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
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
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
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
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

Covered Entrant

A covered person becomes a covered entrant upon
initial contact with the workforce system:


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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 Period – Begins on the entry date and
ends 45 days later
§ 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)

Priority of service is to be addressed in:
States’ Strategic Plans
 Local Workforce Boards’ Strategic Plans


Policies apply to:
State Workforce Agencies
 Local Workforce Investment Boards
 One-Stop Career Centers


Identifying covered persons at point of entry

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


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

Universal Access Programs
Do not target specific groups
 Covered persons receive priority


Discretionary Targeting Programs
Focus on special groups, but not mandated
 Covered persons receive highest priority


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
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



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
The six programs serving the most veterans are
required to add reporting on covered entrants
20 CFR 1010.330
Those programs that have served 1,000 or more covered
persons per year for the three most recent years of
program operation, currently:

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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
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)
Gain understanding of program
measurements
Entered Employment Rate (EER)
Employment Retention Rate (ERR)
Average Earnings (AE)

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
DVOP
LVER
AJC
JVSG Performance Measures
(DVOP)
VETERAN and DISABLED VETERAN
•
•
•
Entered Employment Rate
Employment Retention Rate
Six-month Average Earnings
Rate of veterans served by DVOP to those
who receive I.S.
JVSG Performance Measures
Reviewed – but not Negotiated (LVER)
LVER – Business Relations

Individual Employers/Businesses Contacted

Number of DVOP IS veterans whom businesses
will be contacted by LVER staff for job
development.
All Veterans, Eligible Persons and Disabled Veterans
• Entered Employment Rate
• Employment Retention Rate
• Average Earnings
Uniform National Threshold Entered Employment Rate
or UNTEER (State EER compared to “all states” -yardstick)
IS services from DVOP compared with total veterans
receiving IS
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.”
Quarterly Reports for JVSG
VETS monitors expenditures reported by
grantees to ensure funds are spent in
accordance with cost principles established
for Federal awards to state government
agencies as well as approved State Plans.
DVET Analysis
Planned vs. Actual Spending
 Base Positions Paid
 Staff Utilization Rate
 Cost Per Position
 Personal Services and Personnel Benefits
to Total Grant Outlay

Audit
The Audit tool addresses the findings that:
1. require a CAP
2. must be addressed in a formal, written
response
3. affect the efficient implementation or
function of the program and should be
addressed, but don’t require a formal
response, and
4. those items that meet the standard and
no action is required.
Audit
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position descriptions
customer flow
point of entry
roles & responsibilities of
the DVOP and LVER
staff training
population of veterans
served
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intensive services
services to non-veterans
priority of service
proper utilization of the
AJC staff in relation to
serving veterans
reporting
half-time positions
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


The reports indicate that the DVOP is providing
Intensive Services to 5% of the veterans they
are servicing. Is this a concern? Why/why not?
Reports indicate that the veterans in the AJC are
being referred to training at a 67% rate. The nonveterans in the center are being referred at a rate
of 92%. Is this an issue? Why/why not?
Reporting results show that the LVER in the
office is conducting Intensive Services for
12% of the veterans. Is this an issue?
Why/why not?
The LVER is providing more direct services to
veterans than the DVOP in the office. Is this an
issue? Why/why not?
Reports identify that the AJC/ES staff is serving
approximately 39% of the veterans who come into
the AJC. The JVSG staff is serving 61% of the
veterans. Is this an issue? Why/why not?
This quarter the DVOP served 15% non-veterans
and 85% veterans. Is this an issue? Why/why
not?
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USERRA 101 and 102 –
www.nvti.ucdenver.edu/userra101
JVSG Training – www.nvtihelpvets.ucdenver.edu
Federal Hiring – http://nvtifedhiring.ucdenver.edu
UJS – www.nlc.ucdenver.edu/ujsworkbook
NVTI – Training Solutions – www.nvti.ucdenver.edu