Priority of Service

1. Priority of Service

2. 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 – Getting Underway

3. Key Definitions `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 servicesprovided under that program. (Chapter 42, section 4215) 20 CFR 1010.200

4. Key Definitions `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

5. Training and Employment Guidance Letter No. 10-09 • 20 DOL- Funded workforce programs are covered by section 4215: • WIA Adult and Dislocated Worker • Wagner-Peyser Employment Services • Trade Act programs • National Emergency Grants • Senior Community Service Employment Program (SCSEP) • Migrant and Seasonal Farmworker program • Indian and Native American program • Job Corps • WIA Demonstration Projects • Labor Market Information Grants • Career One-Stop Electronic Tools • Other Internet-based self-service tools operated by DOL programs

6. Entitlement 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

7. Key Definitions • 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

8. Key Definitions • 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

9. Key Definition • 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

10. Priority Defined • 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

11. Identifying and Informing • 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

13. Clarifying the Purposes § 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)

14. Priority of Service