SAWDB POLICY 02-006 Amendment

 

SOUTHWESTERN AREA WORKFORCE DEVELOPMENT BOARD

 

PRIORITY OF SERVICE POLICY

 

Date of Issue:  June 15, 2006

 

Effective Date: 

 

This policy is effective July 1, 2003.

 

Applicability

 

Southwest Area Workforce Development Board (SAWDB) providers of Workforce Investment Act (WIA) adult employment and training services. 

           

Purpose

 

To provide SAWDB contractors of WIA adult employment and training services with an adult and Veteran’s priority of services policy in the event of limited funding.

 

Background

 

A. If adult funds allocated to a local workforce development board are “limited”, then priority for

intensive and training services must be given to recipients of public assistance and other low-income individuals.  This requirement ensures that low-income individuals and public assistance recipients receive services beyond core.  It also assures that WIA funds are used for low-income individuals who do not qualify for other programs.

B. On September 16, 2003, the U.S. department of labor (USDOL) issued instructions on implementation

of  the Jobs for Veterans Act. This guidance transmitted in TEGL 5-03 requires priority of services to veterans (and some spouses) for all USDOL training programs. Pending development of specific federal guidance for WIA programs, the USDOL has encouraged states to provide interim guidance for WIA Title 1 programs. TEGL 5-03 can be accessed at http: www.doleta.gov., or on the state WIA website at www.wia.state.nm.us.

C. USDOL states that the Jobs for Veterans Act is applicable to operations under current law when a

program has its own statutory priorities for certain population groups. WIA Title I has such priorities at section 134(d)(4)(E).

 

NOTE:  This policy does not apply to dislocated workers.

 

Action Required

 

A. SAWDB has determined that “Priority of Service” is initiated when the provider of adult employment and training services reaches an 80% expenditure rate of the total program year (PY) allocation.  At that time, priority will be given to those applicants that are recipients of public assistance and other low-income individuals. A low income individual is defined as an individual who received an income, or is a member of a family that received a total family income that, in relation to family size, does not exceed 70% of the lower living standard income level.  The system of service priority shall include consideration of the adequacy of other available funding sources for adult employment and training-related services such as TANF or Welfare-to-Work.  The “Priority of Service” remains in effect until additional funds become available.

B. If the SAWDB makes a determination that a priority of service system is necessary because

funding is limited, the Board shall notify the state administrative entity (SAE) in writing. The Board shall also notify the SAE in writing when reverting back to a non-priority process.

C. Upon a determination that local adult funds are limited and a priority of services system for the

provision of intensive or training services to program eligible adults is necessary, a veterans priority as well as priority to public assistance recipients and low income individuals required in WIA regulations will be established as follows:

(1) First priority will be provided to recipients of public assistance and other low-income individuals

who are also veterans or spouses of veterans that fall into the following categories:

(a) any veteran who dies of a service connected disability;

(b) any member of the armed services serving on active duty who, at the time of application, is

listed in one or more of the categories below for a total of more than 90 days as:

(i) missing in action;

(ii) captured in the line of duty by a hostile force; or

(iii) forcibly detained or interned in the line of duty by a foreign government or power;

(c) any veteran who has a total disability resulting from a service-connected disability;

(d) any veteran who dies while a disability so evaluated was in existence.

(2) recipients of public assistance and other low-income individuals;

(3) veterans, or spouses of veterans as defined above

D. When providing intensive and training services without the limited funds provision for

priority of services, veterans receive priority over non-veterans.

E. The SAWDB or their designee, shall monitor delivery of intensive and training services for adults

to ensure that no individuals receiving public assistance or other low-income individuals are excluded from

participation or denied benefits under WIA and that the veterans priority mandate is established.

 

Inquiries

 

Questions related to this policy should be directed to the SAWDB AE at (505) 744-4857 in Elephant Butte.

 

 

 

Approved:    __________________________             _             _

                        William I Buhler, SAWDB Chairman    (Date)

 

 

 

 

 

 

 

Attachments

 

Attachment A - LLSIL