Narrative: b. 4.

The State Board developed a uniform public policy that establishes the priority of services for individuals most in need. The publication of TEGL 7-20, which extends the priority for adult services that meet the criteria of most in need, makes the development of this public policy pertinent.

ETA envisions that giving priority of service to these individuals means ensuring that at least 75 percent of a state’s participants receiving individualized career and training services in the adult program are from at least one of the priority groups mentioned above and expects this rate will be no lower than 50.1 percent in any state.

Policy WIOA-PP-02-23 - WIOA Adult Program Adult Program Services Priority

The state board approved the policy WIOA-PP-02-23, August 17, 2023, WIOA Adult Program Adult Program Services Priority, to set the priority of services in the AJC.

The purpose of the policy WIOA-PP-02-23 is to:

1. Provide guidance regarding the requirement to serve priority populations under WIOA's Title I Adult Program; and
2. Establish a requirement that Local Boards approve public policies and procedures to ensure that 75% of participants receiving individualized career and training services under the Adult Program belong to at least one of the priority groups required by WIOA and;
3. Establish a next priority level for:
   1. Persons with disabilities;
   2. Individuals involved in justice;
   3. Single Moms and Dads

The policy defines, in accordance with the rule, the terms and individuals that need to be considered as priority in the provision of services in the AJC. It includes a definitions section consistent with WIOA Section 3, DEFINITIONS. For the purposes of the plan, only the general categories of the policy definition are summarized:

1. Individual with barriers to employment – are a member of one or more of the populations described in section WIOA 3(36):
2. Low-Income Individual - the term "low-income individual" means a person meeting the criteria of section WIOA 3(36)(A);
3. Basic Skills Deficient - the term "Basic Skills Deficient" refers to an individual who meets the criteria in WIOA Section 3(5);
4. Public Assistance Recipients - Includes individuals who receive cash payments from the federal, state, or local government for which eligibility is determined by an assessment of their needs or income, WIOA section WIOA 3(50).
5. Homeless Person - Any person included under the definition of the terms "homeless," "homeless individual," and "homeless person" which comply the criteria set in the 42 U.S. Code §11302 - General definition of homeless individual.
6. Veteran - a veteran is a person who has performed at least one day of active duty in military, naval, or air service, and who has been discharged or released from such service with a non-dishonorable discharge (Section 101 of Title 38 of the United States Code)

The policy sets forth the following requirements for the priority implementation required under the adult program:

1. Requirement to Serve Priority Populations Under WIOA's Title I Adult Program Priority required by WIOA Section 134(c)(3)(E):

For the WIOA Title I Adult Program only, priority for individualized career and training services must be given to participants who belong to at least one (1) of the following three (3) priority populations:

1. 1. Recipients of public assistance;
   2. 2) Other low-income people;
   3. 3) Individuals who are deficient in basic skills

Veterans and their eligible spouses must continue to receive priority service in all WIOA Title I programs.

Priority established through this public policy:

The following individuals with barriers to employment should also be considered as priority populations for individualized training and career services, if they are not already within one (1) of the populations required by WIOA:

1. 1. Persons with disabilities;
   2. 2) Individuals involved in justice;
   3. and 3) Single mothers and fathers

Process for Determining Service Priority

Eligible veterans and spouses continue to receive priority for service among all eligible individuals; however, they must meet the eligibility criteria of the Adult Program and meet the criteria set forth in Section 134(c)(3)(E) of WIOA. As described in TEGL 19-16, when programs are required by law to give priority, as is the case with the Adult Program, then priority must be provided in the following order:

1. Priority 1: Eligible veterans and spouses who are also recipients of public assistance, other low-income individuals, or individuals who are deficient in basic skills.
2. Priority 2: Individuals who are recipients of public assistance, other low-income individuals, or individuals who are deficient in basic skills.
3. Priority 3: Eligible veterans and spouses who are not included in WIOA's priority groups.
4. Priority 4: Priority populations established by the governor and/or the Local Workforce Development Board (Local Board).
5. Priority 5: Other individuals not included in WIOA's priority groups.

Once a priority level is assigned, participants cannot move to a lower priority level during their participation. Priority levels should be re-evaluated at the beginning of each new program involvement.

Required Percentage of Priority Populations Receiving Individualized Career Services or Training Services

Seventy-five percent (75%) of individuals enrolled in the Adult Program are required to be public assistance recipients, low-income, or with basic skills deficiencies, as identified in the previous section as a priority of service level one (1) and two (2). Other priority groups identified in this policy or in JLDL’s policy will not count towards the 75% calculation.

Other instructions established in the policy:

1. Process for Calculating the Service Priority Rate
2. Corrective Actions: JLDLs that fail to comply with this policy may be sanctioned under WIOA's Procedure for Determination of Violations and Imposition of Penalties approved by the State Labor Development Board (JEDL).
3. Requirement for LEDBs to develop a local service priority policy.
4. Local policy requirements
5. Service Priority Notification

Through this policy, local areas must establish the criteria and the process by which priority of service will be applied.  Priority for individualized career and training services must be given to recipients of public assistance, other low-income individuals, and/or individuals who are basic skills deficient.  It is not necessary to determine that an adult is eligible in accordance with the priority of service until it is determined that the individual needs individualized career or training services.  Veterans and eligible spouses continue to receive priority of service.  

Local boards must review and update their policies and procedures, including the monitoring of the implementation of these policies and procedures in AJCs, according with the state policy.

Also, the WDP include instructions in the annual allocation guidelines for the fulfillment of this priority established in the TEGL 7-20.  State board and local board will establish outcomes to measure the implementation of the policy, like the percentage of individuals in individualized career or training services from at least one priority group, or the percentage of individuals from at least one priority group receiving individualized career or training services.

Monitoring

Priority of Service is monitored as part of the state’s WIOA programmatic reviews.  The goal of programmatic reviews is to provide technical assistance, as appropriate, and ensure that established policies, procedures, and systems achieves quality program outcomes that meet the requirements and objectives of the WIOA and federal and state regulations.  

The DEDC is in the process of doing the monitoring instrument to ensure compliance with the priority of service policy for eligible participants. The tool will provide a review of overall eligibility as well as the priority of service based on the requirements of the state policy. Also, the monitoring instrument will verify that all local areas have established written policies and procedures to ensure that priority of service to participants is met. Currently, AJC staff in Puerto Rico keep the eligibility document for priority services in the participant's file.