Veterans: Priority 1 Cindy Picunas Deputy Veterans Program Administrator New York State Department of Labor

Veterans: Priority 1 Priority of Service Disabled Veterans Outreach Program (DVOP) Specialists and Local Veterans Employment Representative (LVER) Staff Members Special Programs/Initiatives Overview of Veterans Benefits Veterans Policy Academy Initiatives

Priority of Service Mandates/Guidance Proposed Rules and Regulations Key Definitions Identifying and Informing Covered Persons Implementing Priority of Service Responsibilities of States and Localities Monitoring Compliance with Priority of Service Data Collection and Reporting on Priority of Service

Priority of Service Mandates/Guidance Jobs for Veterans Act (Public Law 107- 288) Training and Employment Guidance Letter No. 5-03 “Implementing the Veterans’ Priority Provisions of the Jobs for Veterans Act” Veterans’ Benefits, Health Care, and Information Technology Act of 2006 Proposed Rule

Jobs for Veterans Act Mandate The Jobs for Veterans Act requires priority of service to be implemented by all “qualified job training programs” defined as “any workforce preparation, development or delivery program or service that is directly funded, in whole or in part, by the Department of Labor.”

TEGL 05-03 Guidance Provided overview of Priority of Service Guidelines Programs that do not target specific groups Programs that do target specific groups Target required by law Target not required by law Indicated that further guidance would follow

Veterans’ Benefits, Health Care and Information Technology Act of 2006 (Public Law 109-461) Mandate Mandated that not later than two years after the date of the enactment of the Act (December 22, 2006) that the Secretary of Labor shall prescribe regulations to implement the section of the law pertaining to Veterans Priority of Service.

Priority of Service Proposed Rule-Key Definitions Covered Person – Veteran and Eligible Spouse Veteran Service in the active military, naval or air service and Discharged under conditions other than dishonorable. Definition equivalent to the definition enacted by the Workforce Investment Act (WIA)

Priority of Service Proposed Rule-Key Definitions Covered Person – Veteran and Eligible Spouse Eligible Spouse Spouse of a veteran who died of a service connected disability Spouse of any member of the Armed Forces serving on active duty who, is listed for more than 90 days as missing in action, captured in line of duty by a hostile force, or forcibly detained or interned in line of duty by a foreign government or power Spouse of any veteran who has a total disability resulting from a service connected disability Spouse of any veteran who died while a disability so evaluated was in existence

Priority of Service Proposed Rule-Identifying and Notifying Covered Persons Requires identification of covered persons at the point of entry to programs and/or services so they can take full advantage of priority of service. Point of Entry includes physical locations as well as web sties and other virtual service delivery resources. Requires implementation of policy to ensure that covered persons are aware of: Their entitlement to priority of service The full array of programs and services available to them Any applicable eligibility requirements for the programs and/or services

Priority of Service Proposed Rule-Implementing Priority of Service Proposed regulations provide that priority of service means the right of eligible covered persons to take precedence over eligible non-covered persons in obtaining services. They further specify that taking precedence may mean: The covered person receives access to the service or resource earlier in time than the non-covered person; or If the service or resource is limited, the covered person receives access to the service or resource instead of or before the non-covered person.

Priority of Service Proposed Rule-Implementing Priority of Service Priority of Service is: Identifying covered persons at the earliest possible time Providing services to covered persons first by the next available staff person Ensuring that covered persons have first access to job postings as well as other services Providing follow-up to ensure covered persons are receiving the service they need

Priority of Service Proposed Rule-Implementing Priority of Service Priority of Service is not: Referring covered persons just to the DVOP Specialist or LVER staff member Serving covered persons first only when funding is limited Notifying covered persons about services available to all (e.g. job listings)

Priority of Service Proposed Rule-Implementing Priority of Service Proposed regulations specify how priority is to be applied across three different types of qualified job training programs: Universal access programs that do not target specific groups Discretionary targeting programs that focus on certain groups but are not mandated to serve target group members before other eligible individuals; and Statutory targeting programs that are mandated by federal law to provide priority or preference to certain groups.

Priority of Service Proposed Rule-Responsibilities of States and Localities States must develop policies for the delivery of priority of service by: State Workforce Agencies Local Workforce Investment Boards One-Stop Career Centers The State’s policies must require Local Workforce Investment Boards to develop policies for delivery of priority of service by: Local One-Stop Career Centers Local Workforce Preparation and Training Providers

Priority of Service Proposed Rule- Monitoring Compliance DOL will monitor to ensure that covered persons are made aware of and provided priority of service US DOL Veterans Employment and Training Service and the DOL agency responsible for administrating a given program will jointly perform monitoring If monitoring identifies non-compliance with priority of service, the results of the monitoring will be handled in accordance with each program’s compliance review procedures and may lead to imposition of corrective action plans.

Priority of Service Proposed Rule- Data Collection and Reporting Applies to covered persons at the point of entry as “Covered Entrants” Six programs meet the size threshold for reporting on “Covered Entrants” WIA Adult WIA Dislocated Worker National Emergency Grants Wagner-Peyser State Grants Trade Adjustment Assistance Senior Community Service Employment Program

Priority of Service Proposed Rule- Data Collection and Reporting On the effective date of the Information Collection Request (ICR) accompanying the proposed regulations, five of the programs (all except TAA) will be required to implement reporting on “Covered Entrants” and apply existing reporting to the new definitions of veteran and eligible spouse. Programs below the threshold will be required to apply the new definitions to their existing reporting on the effective date of the first ICR approved following publication of the final rule.

Priority of Service Next Steps Comments on Proposed Rulemaking were due October 15th DOL will analyze comments and make revisions to the Notice of Proposed Rule Making and Information Collection Request (ICR) as appropriate and submit to OMB for final approval. Upon OMB approval, the Final Rule will be published, referencing ICR approval, with the Final Rule effective 30 days after the date of publication. NYS DOL will provide policies and procedures to implement the Final Rule and for data collection and reporting.

Disabled Veteran Outreach Program (DVOP) Specialists and Local Veterans Employment Representative (LVER) Staff The US Department of Labor, Veterans Employment and Training Service (US DOL/VETS) provides Jobs for Veterans Act grants to states to support Disabled Veterans Outreach Program (DVOP) Specialists and Local Veterans Employment Representative (LVER) staff. For FY 2009, the Jobs for Veterans Act grant to NYS is approximately $8.4 million dollars and supports 41 DVOP Specialists and 39 LVER staff members.

Disabled Veteran Outreach Program (DVOP) Specialists and Local Veterans Employment Representative (LVER) Staff DVOP Specialists and LVER staff may serve veterans who meet one of the following criteria: Served on active duty for a period of more than 180 days and were discharged or released there from with other than a dishonorable discharge ; Were discharged or released from active duty because of a service-connected disability; or Were members of a reserve component under an order to active duty pursuant to Title 10, served on active duty during a period of war or in a campaign or expedition for which a campaign badge is authorized and were discharged or released from such duty with other than a dishonorable discharge.

Disabled Veteran Outreach Program (DVOP) Specialists and Local Veterans Employment Representative (LVER) Staff DVOP Specialists and LVER staff may also serve eligible spouses of the following veterans: Any veteran that died of a service-connected disability Any veteran listed as Missing in Action, captured in the line of duty by a hostile force or detained in line of duty by a foreign government or power Any veteran who has a total disability resulting from a service-connected disability Any veteran who died while a disability so evaluated was in existence.

Disabled Veteran Outreach Program (DVOP) Specialists and Local Veterans Employment Representative (LVER) Staff DVOP Specialists and LVER staff may also serve Transitioning Service Members within one year of discharge or two years of retirement from the military service.

Disabled Veteran Outreach Program (DVOP) Specialists and Local Veterans Employment Representative (LVER) Staff The Roles and Responsibilities of DVOP Specialists and LVER staff are generally described in the Jobs for Veterans Act and further refined in Veterans Program Letter 07-05.

Disabled Veteran Outreach Program (DVOP) Specialists Specialize in providing intensive case management services to veterans with barriers to employment including: Veterans with Service-Connected Disabilities Economically or Educationally Disadvantaged Veterans Recently Separated Veterans “Wounded Warriors” Veterans referred through the VA Vocational Rehabilitation and Employment Program. Homeless Veterans

Disabled Veteran Outreach Program (DVOP) Specialists In order to maximize services to veterans with barriers to employment, DVOP Specialists conduct outreach activities at a variety of locations such as Department of Veterans Affairs facilities, military installations and Homeless Veterans Reintegration Program grantee locations. DVOP Specialists also provide a full range of employment and training services to veterans with the primary focus on meeting the needs of veterans who are unable to obtain employment through core services. DVOP Specialists may also facilitate Transition Assistance Program (TAP) Workshops.

Local Veterans Employment Representative (LVER) Staff Work with other service providers to promote veterans as job seekers who have highly marketable skills and experience. Advocate on behalf of veterans for employment and training opportunities with business, industry and community based organizations. Establish, facilitate and/or maintain regular contact with employers to include federal contractors. They should coordinate with business service teams as part of the One-Stop system to include veterans in their marketing efforts.

Local Veterans Employment Representative (LVER) Staff Provide and facilitate a full range of employment and training services to meet the needs of veterans, especially recently separated veterans. May facilitate Transition Assistance Program (TAP) Workshops. Coordinate with the Service Delivery Point manager in the preparation of the Manager’s Report on Services to Veterans.

Special Programs/Initiatives

Transition Assistance Program (TAP) Workshops Two and one half day job search workshops conducted at five military installations in New York State and for NYS National Guard members upon request Fort Drum Fort Hamilton West Point Stewart ANG Base Saratoga Naval Base Provided to transitioning service members within one year of separation or two years of retirement from the military service.

Governor’s Program to Hire Disabled Wartime Veterans (55c Program) Multi-Agency Initiative to Hire Disabled Wartime Veterans into State Employment Non-Competitive appointment into entry level competitive class positions NYS Civil Service determines who is approved NYS Department of Labor matches approved veterans to openings in NYS agencies

Services to NYS National Guard Members NYS National Guard Reintegration Events Information on services available at One Stop Career Centers with follow-up appointments Job/Career Fairs Job Search Workshops NYS National Guard TAP Workshops

Warriors in Transition Units Fort Drum and West Point Job/Career Fairs Advanced Job Search Workshops Individual Assistance Comprehensive Assessments Individual Employment Plans Referral to Support Services Job Shadowing Workforce Information Job Development/Referral 55 C Referral/Application Referral to REALifelines

Revised Reemployment Services for Veterans Program (RSVP) Expansion of eligible target population Simplified reimbursement schedule Expanded marketing efforts Release of funds to LWIAs through NOAs rather than requiring employers to apply to the Department directly Available funding is anticipated to be between $55,000 and $100,000 per local area

Vocational Rehabilitation and Employment (VR &E Program) DVOP Specialists and LVER staff members provide workforce information to disabled veterans who are eligible for the Department of Veterans Affairs VR&E Program. Prior to completion of their educational programs, veterans are referred from the VR&E Program to DVOP Specialists or LVER staff members for assistance in obtaining “suitable employment.”

Benefits and Support Services for Veterans US Department of Veterans Affairs Health Care Vocational Rehabilitation and Employment GI Bill Benefits NYS Department of Veterans Affairs and County Veterans Service Officers Apply for VA Benefits Information on a full array of state and federal benefits NYS Higher Education Services Corporation Veterans Tuition Award

Benefits and Support Services for Veterans Suggestion: Schedule a training session for your One-Stop Career Center service providers. Invite your local NYS Division of Veterans Affairs Counselor, County Veterans Services Representative and DVOP Specialists/LVER staff to provide presentations on the services they provide and the benefits available to our State’s veterans.

Veterans Policy Academy Multi-Agency Initiative One Veteran, One Family, One State Action Plan for Returning Veterans and Their Families

Questions? Contact Information Cindy Picunas Deputy Veterans Program Administrator NYS Department of Labor 518-457-1343 or 315-782-9252 Cynthia.picunas@labor.state.ny.us