Located in:
- III. Operational Planning Elements
The Unified or Combined State Plan must include an Operational Planning Elements section that supports the State’s strategy and the system-wide vision described in Section II(c) above. Unless otherwise noted, all Operational Planning Elements apply to Combined State Plan partner programs included in the plan as well as to core programs. This section must include—
- b. State Operating Systems and Policies
The Unified or Combined State Plan must include a description of the State operating systems and policies that will support the implementation of the State strategy described in section II Strategic Elements. This includes—
- b. State Operating Systems and Policies
III. b. 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 Jobs for Veterans State Grants (JVSG) program’s Disabled Veterans’ Outreach Program (DVOP) specialist.
Current Narrative:
Enacted in November 7, 2002, the Jobs for Veterans Act of 2002 (Public Law 107-288) has the main objective of "review and enhance employment, placement and training services offered to veterans." The Act requires that all workforce development programs, fully or partially funded by the USDOL, provide priority service to Veterans and, under certain circumstances, to spouses of veterans. Veterans and eligible spouses of veterans who otherwise meet the eligibility requirements for adult programs must receive the highest priority for services.
The PRDOLHR is committed to establish relationships with agencies that make up the One-Stop Workforce Development System, such as municipalities, consortiums, colleges and universities, public and private agencies, faith-based and community-based organizations, employer and labor union representatives to ensure and confirm priority of service. Priority of Service will be provided by Wagner-Peyser merit staff. The Veteran Program Coordinator (JVSGC) will be responsible to overview the compliance of Priority of Service by members of the Workforce Community.
A Strategic Plan will be implemented by Wagner-Peyser with an active participation of DVOPs/LVERs staff members who will meet with representatives of all of these organizations in order to achieve or review any agreements in place. The Strategic Plan will have the following goals in mind:
- Identify: veterans, veterans with disabilities, returning wounded or injured veterans, REALife-lines participants, transitioning service members and eligible persons;
- Promote employment of veterans;
- Promote training and education for veterans;
- Seek and coordinate support services for veterans; and
- Establish referral and service procedures.
Wagner-Peyser staff will continue to announce and provide priority of service to veterans according to Federal law and applicable regulations. Veterans entering to the the AJCs will be notified of their priority right of service under the Wagner-Peyser Act, as amended by WIOA. Once a customer is identified as a veteran, he/she will be provided special information designed for veterans only, and will be referred, when appropriate, to specially trained staff for individualized career services. Local areas will continue to encourage the provision of additional priority services and information to veterans, including priority access to job orders and individual training accounts (ITAs).
As provided by law, the affected programs that must provide priority service includes, but are not limited to:
- Adults and Displaced Workers program under Title I of WIOA;
- All services offered under the Wagner-Peyser Act;
- All programs under the Trade Act;
- National Emergency Grants;
- Senior Community Service Employment Program (SCSEP);
- National Farmworkers Jobs Program (NFJP);
- H-IB Technical Skills Training Grants;
- Job Corps;
- Demonstration Projects under WIOA;
- Youth Opportunity Program;
- Youth Program under WIOA;
- Labor Market Information Formula Grants;
- Research and Development;
- Electronic tools in AJCs; and
- Other self-directed Internet-based services that use technology to assist individuals in accessing workforce development resources.
Under 20 CFR 1001.120, priority of service is applied to all employment services including:
- Registration;
- Interview with a Veteran Representative;
- Tests;
- Occupational Counseling;
- Job Search Workshops; and
- OJT Referrals.
All career centers inform veterans and eligible spouses of priority of service at initial contact and provides detailed information about priority of service and the range of employment, placement and training services available to them. If a veteran meets the definition of a Veteran with Significant Barriers to Employment as defined below, the veteran or eligible spouse is referred to a JVSG DVOP Specialist for the provision of services.
Also, as disposed by the USDOL Secretary, Veterans aged 18-24 are to be referred to a DVOP specialist for services. Veterans also receive reemployment services from career centers through a FY16 Reemployment Services and Eligibility Assessment (RESEA) program. RESEA provides focused case management services, including reemployment orientation, individualized career assessment, and job search assistance.
Wagner-Peyser staff will continue to announce and provide priority of service to veterans according to Federal law and applicable regulations. Veterans entering the ES offices will be notified of their priority right of service under the Wagner-Peyser Act, as amended by WIOA. Once a customer is identified as a veteran, he/she will be provided special information designed for veterans only, and will be referred, when appropriate, to specially trained DVOP Specialists to receive individualized career services. To be referred to a DVOP, the veteran or eligible spouse shall meet one of the following criteria in accordance with VPLs 3-14, changes 1 and 2 and VPL 3-19:
- A special disabled or disabled veteran, as those terms are defined in 38 U.S.C § 4211(1) and (3);
- Homeless person, as defined in Section 103(a) and (b) of the Stewart B. McKinney 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;
- An offender, as defined by WIOA Section 3 (38), who is currently incarcerated or who has been released from incarceration
- Lacking a high school diploma or equivalent certificate;
- Low-income individual (as defined by WIOA at Section 101 (25)(B))
- Veterans 18 – 24;
- Vietnam era Veterans; and
- TSM’s who have been identified as in need of individualized career services; and
- Service members who are wounded, ill, or injured and receiving treatment in MTFs or WTUs; as well as their spouses and caregivers.
For Priority of service purpose, the veteran definition is broad covering all persons that served at least one day in the active military, naval, or air service, and who were discharged or released under conditions other than dishonorable, as specified in 38 USC 101(2). Eligible Spouse as defined at section 2(a) of the JVA (38 USC 4215(a)) means the spouse of any of the following:
- Any veteran who died of a service-connected disability;
- Any member of the Armed Forces serving on active duty who, at the time of application for the priority, is listed for more of 90 days as missing in action, capture in line of duty by hostile force and forcibly detained or interned by foreign government or power; and
- Any veteran with a total disability from a service-connected disability evaluated by VA.
However, a spouse whose priority of service is derived from a living veteran or service member lost her priority of service if the veteran loses the status that is the basis for the priority or if she divorces from the veteran. The workforce system network in Puerto Rico, including Wagner-Peyser, and the general public is aware of the Priority of Service entitlement to veterans, covered persons and eligible spouses through announcements posted in the bulletin boards and near the entry service delivery point. In addition, Wagner-Peyser and AJC Staff are fully trained to identify covered persons at the reception desk and once in a while they ask the public if there is any veteran or spouse among the clients at the AJC.
Verifying Priority of Service Status through the required paperwork is not mandatory unless the covered persons will undergo eligibility determination or if the applicable federal program rules require the verification in site. Once Priority of Service is determined, covered persons move ahead of the line to receive the appropriate employment, training and placement services over the non-covered persons as required by law and as stated by VPL 07-09. Some Unemployment Insurance Offices have adopted this priority of service model from the Employment Service or the AJC although not mandatory by law.
Local areas will continue to encourage the provision of additional priority services and information to veterans, including priority access to job orders and individual training accounts (ITAs). Other actions targeted to ensure the monitoring of priority of service to veterans include, but are not limited to:
- Training staff members.
- Periodic reception and Labor Exchange Staff reinforcement.
- Placement of signs in waiting areas stating Veterans preference in all AJCs.
- Ensure reception asks customers waiting and entering the reception area whether they are a veteran and provide the required priority of service.
- Distribution of printed material; and
- Submission of Priority of Service reports by managers.