EFFECTIVE
DATE: December 31, 2005, unless a later date is cited at the end of a
section.
OBJECTIVE:
To establish policy for local workforce development boards
regarding priority of
services for adults and the veterans’ priority mandate.
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
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).
ACTION:
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.