Veterans grant staff roles at American Job Centers

CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                   Veterans
               ADVISORY SYSTEM                              CORRESPONDENCE SYMBOL
          U.S. DEPARTMENT OF LABOR                          OWI-DASG
             Washington, D.C. 20210                         DATE
                                                            August 13, 2024

ADVISORY:        TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 03-24

TO:              STATE WORKFORCE AGENCIES
                 STATE WORKFORCE ADMINISTRATORS
                 STATE WORKFORCE LIAISONS
                 STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS
                 STATE LABOR COMMISSIONERS
                 AMERICAN JOB CENTERS

FROM:            JOSÉ JAVIER RODRÍGUEZ
                 Assistant Secretary

SUBJECT:         Jobs for Veterans’ State Grants (JVSG) Program Reforms and Roles and
                 Responsibilities of American Job Center (AJC) Staff Serving Veterans

1. Purpose. This Training and Employment Guidance Letter (TEGL) transmits Veterans
   Program Letter (VPL) 05-24, Jobs for Veterans State Grants Staff Roles and Responsibilities,
   and Coordination with Workforce Innovation and Opportunity Act Services to Veterans,
   jointly developed by the Employment and Training Administration (ETA) and Veterans’
   Employment and Training Service (VETS). VPL 05-24 clarifies JVSG statutory duties, roles,
   and responsibilities such staff are expected to perform and discusses relationship between
   JVSG and other programs within the workforce system. Additionally, the guidance is
   designed to update state workforce professionals about AJC staff roles with JVSG. It
   emphasizes statutory duties and describes staffing flexibilities available to states to meet their
   JVSG responsibilities while maximizing the integration of services and collaboration of
   partners in the AJCs.

2. Action Requested. The following actions are requested:
          • Read this guidance and VPL 05-24.
          • Update policies and standard operating procedures to align AJC staff and
            processes with the requirements outlined in this guidance and VPL 05-24.
          • Consult with the appropriate Department of Labor (DOL) regional office if
            technical assistance is needed.

3. Summary and Background.

   a. Summary – This TEGL shares VPL 05-24, developed by VETS in consultation with
      ETA, that outlines the roles, responsibilities, and duties of JVSG staff, emphasizing

   RESCISSIONS                                               EXPIRATION DATE
   TEGL 19-13                                                Continuing

   statutory duties and staffing flexibilities to maximize integration of services and
   collaboration within the workforce development system and AJCs.

b. Background – The Department is committed to serving transitioning service members,
   veterans, and their families by providing resources to assist and prepare them to obtain
   meaningful careers and to maximize their employment opportunities. DOL’s commitment
   is an important part of fulfilling our national obligation to the individuals who have
   served our country.

   Veterans and other covered persons receive priority of service for all employment and
   training programs funded in whole or in part by DOL in accordance with 38 U.S.C. §
   4215, 20 C.F.R. Part 1010, and 20 C.F.R. Part 680.650. Many of these programs are
   operated by the nearly 2,300 AJCs that support the nation’s workforce system. Grants
   administered by DOL serve eligible participants through numerous programs, such as
   Workforce Innovation and Opportunity Act (WIOA) title I programs, the Wagner-Peyser
   Act Employment Service (ES) and WIOA title III, the JVSG program, and the DOL
   Employment Workshop (DOLEW) portion of the Transition Assistance Program under
   10 U.S.C. § 1144. The ETA and VETS provide priority of service implementation policy
   guidance in TEGL 10-09, Implementing Priority of Service for Veterans and Eligible
   Spouses in all Qualified Job Training Programs Funded in whole or in part by the U.S.
   Department of Labor (DOL), and VPL 07-09, Implementing Priority of Service for
   Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in Whole
   or in Part by the U.S. Department of Labor. This guidance does not affect the priority of
   service requirements.

   The JVSG program provides formula grants to states and certain territories, enabling
   them to hire dedicated staff to provide individualized career and training-related services
   to eligible veterans and eligible persons with employment barriers and to assist employers
   in fulfilling their workforce needs with job-seeking veterans. JVSG is a required partner
   program under WIOA section 121(b)(1), and JVSG services are accessible through every
   comprehensive AJC.

   The VPL clarifies JVSG staff’s statutory duties to ensure that 1) eligible participants
   receive the best combination of services; 2) Disabled Veterans’ Outreach Program
   (DVOP) specialists devote more time to provide individualized career services to those
   most in need under 38 U.S.C. § 4103A; and 3) Local Veterans’ Employment
   Representatives (LVER) conduct targeted outreach to assist employers in fulfilling their
   workforce needs with job-seeking veterans.

   The VPL also addresses the respective roles and responsibilities of JVSG staff and
   WIOA-funded program staff in continuing to provide quality services to veterans on a
   priority basis. VETS and ETA jointly developed Section IX of VPL 05-24, AJC Staff
   Roles in JVSG. This TEGL highlights that section for ETA grantees and incorporates
   VPL 05-24 for grantee knowledge and awareness of the requirements applicable to JVSG
   and DVOP and LVER staff. Throughout this guidance, the term “AJC staff” refers to any
   DOL-funded program staff who work in an AJC other than those funded by JVSG.

4. AJC Staff Roles in JVSG. This section highlights the areas of the VPL critical to
   coordination with AJC staff and JVSG staff. Since JVSG is a required partner program
   under WIOA, AJC staff play an important role in the JVSG program.

   AJC intake staff determine the service needs of incoming customers and screen them for
   eligibility and referral to appropriate program staff for services. This section describes
   AJC staff responsibilities with respect to JVSG.

       a. AJC Staff Services to Veterans. AJC intake staff must refer veterans and
          covered persons who are not eligible for, or who do not want or need, DVOP
          specialist services to other workforce programs, as appropriate. ETA and VETS
          will continue to collaborate with states to ensure that these individuals receive
          seamless and optimal priority of service, and we encourage a similar collaboration
          among state grantees and local areas.

       b. Screening and Referring Customers. Appropriate initial screening can enhance
          customers’ experience by ensuring they are initially referred to the program(s)
          best positioned to meet their needs. In carrying out states’ JVSG programs, this
          screening also helps ensure that DVOP specialists deliver individualized career
          services to eligible customers as required by statute. Where a DVOP specialist is
          available to accept a new customer, each incoming customer must be screened
          and referred in accordance with this section.

          i.   Identify Customer’s Interests and Needs. Not all customers who are eligible
               for DVOP services are interested in receiving them. Prior to referring a
               customer to a DVOP specialist, intake staff must affirm the customer’s
               interest in receiving one or more individualized career services. This may be
               done, for example, by showing a list of available DVOP-provided
               individualized career services and asking whether they are interested in
               learning more. A customer who does not need or wish to receive any of these
               services must not be referred to a DVOP specialist at that time.
         ii.   Ascertain Customer’s Eligibility. AJC staff must determine whether a
               customer meets the eligibility criteria described in Section VI.A of VPL 05-24
               before referral to a DVOP specialist.
        iii.   When a DVOP Specialist is Unavailable. If a DVOP specialist is not
               immediately available to accept a new participant, the AJC staff should
               provide appropriate services and referrals to meet the needs of the individual
               and to satisfy priority of service requirements, as described in VPL 07-09 and
               TEGL 10-09. AJC staff should inform the customer of the opportunity to
               make an appointment to see the DVOP specialist and/or be seen by other staff.
               The eligible customer may choose to make an appointment with the DVOP
               specialist at any point thereafter, even if they are participating in other
               workforce development program services.
                A DVOP specialist who 1) has a full caseload (as determined by the state);
                2) is not present (physically or virtually); or 3) is in a meeting at the moment

                        when a customer would otherwise be referred is considered “unavailable”
                        for the purposes of this subsection.
              iv.    Department of Veterans Affairs’ Veteran Readiness and Employment (VR&E)
                     Program1 Participants. Because not all VR&E participants are eligible for
                     DVOP services, there is no exception to the screening requirement for VR&E
                     participants. They must be screened for eligibility based on the criteria
                     described in Section VI of VPL 05-24 prior to being referred for DVOP
                     services.
               v.    Documentation. VETS does not require documentation of the participant’s
                     eligibility at any point. States must follow ETA’s guidance regarding
                     documentation, including:
                        •   TEGL 23-19 Change 1 for data validation requirements;
                        •   TEGL 23-19 Change 2 Attachment 1 for program-specific instructions
                            and Attachment 2 for source documentation and self-attestation
                            guidance; and
                        •   TEGL 10-23 for guidance on balancing the need for documentation with
                            optimizing customers’ experience as they navigate the workforce
                            development system.
              vi.    Eligibility Screening and Referral through State Management Information
                     Systems. Although this section speaks to the AJC intake staff duties, states
                     may use an online system to screen customers for eligibility for DVOP
                     services and to refer those who are eligible to an available DVOP specialist,
                     subject to the following provisions:
                        •   Eligibility screening must include ascertaining the customer’s interest in
                            receiving individualized career services, as well as the eligibility criteria
                            listed in Section VI of VPL 05-24.
                        •   States must apply a process to ensure that DVOP specialists do not
                            receive more participant referrals than they have the capacity to serve.
                            This process may be automated based on the DVOP specialist’s current
                            caseload, and/or it may include a manual override or intervention
                            function to divert excess referrals to other AJC staff.

             c. Coordination with the Homeless Veterans’ Reintegration Program (HVRP).
                VETS also administers HVRP, which is an employment-focused competitive
                grant program. HVRP funds are awarded to organizations to assist veterans
                experiencing homelessness in overcoming employment barriers and finding
                meaningful employment. VETS encourages HVRP grant recipients to refer
                participants to the local AJC to take advantage of its full array of employment and
                supportive services. Not all HVRP participants may be eligible for services from a
                DVOP specialist due to the different definition of veteran used across the

1
 VR&E participant eligibility uses the definition of “veteran” found at 38 U.S.C. § 101(2), which does not have a
minimum service requirement. Therefore, some VR&E participants do not meet the definition of an eligible veteran.

   programs. Each customer must be screened for eligibility prior to referral to a
   DVOP specialist.

   AJC staff and DVOP specialists are encouraged to refer other veteran participants
   who may be experiencing, or are at risk of, homelessness to local HVRP grant
   recipients as well, where available. HVRP grantees can be found by using the
   Find a Grantee search tool.

d. JVSG Staff Integration in the AJC. JVSG program legislation requires that
   JVSG staff be integrated in states’ workforce delivery systems, and WIOA
   includes JVSG as a required partner program. DOL champions cross-program
   collaboration and integration as a best practice that leads to the most effective and
   efficient service delivery to both jobseekers and employers.

   Integration Promising Practices. States should develop or update policies and
   practices such as:

         •   Supporting DVOP participants through case conferencing, also known
             as integrated case management. In this customer-centered approach,
             cross-program staff meet regularly to discuss each participant’s unique
             skills, goals, and needs, collaborating to identify appropriate training,
             service, and employment opportunities.
         •   Routinely including LVERs in business service team meetings. LVERs
             bring a veteran-focused approach to employer engagement, and
             collaboration with the business service representatives empowers them
             to become force multipliers in this space.
         •   Requesting periodic updates from LVERs on state or local veteran
             employment opportunities at internal meetings or training events.
         •   Requesting other program staff present information at training events for
             JVSG staff. This practice renews and reinforces DVOP specialists’
             knowledge of workforce development programs that may be available to
             their participants.
         •   Establish and maintain a shared local resource directory for all program
             staff to use and update.
         •   Recognize and highlight veteran-friendly local employers at job fairs
             and other community events and leverage those opportunities to
             introduce employers and program staff.
e. DVOP Specialist Roles and Responsibilities. DVOP specialists are required to
   carry out individualized career services and facilitate placements to meet the
   employment needs of eligible populations. According to 38 U.S.C. § 4103A(a),
   DVOPs deliver those services to eligible veterans in the following priority order:
         • First: to special disabled veterans;
         •   Second: to other disabled veterans;

         •   Third: to other eligible veterans in accordance with priorities
             determined by the Secretary.
   DVOP specialists provide basic and individualized career services (see 20 C.F.R.
   § 678.430) to eligible participants. These services help participants overcome
   employment barriers and achieve their employment goals. DVOP specialists can
   serve participants directly as well as by referring them to appropriate resources.
   These resources may include other workforce development programs and training
   opportunities and any other in-person or virtual federal, state, and local programs
   for which the participant may be eligible.

   To ensure effective tracking and accountability, DVOP specialists maintain
   detailed case files for each participant, documenting provided services and
   referrals. States refer to their respective systems differently; therefore, this
   guidance will use the term “management information system” (MIS) when
   referring to the state’s system that staff use to document services, case notes,
   referrals, etc. VETS does not require that states use any specific system. Case files
   are subject to audits by VETS in accordance with VPL 02--21 or the latest
   guidance.

   This policy provides specific guidance on the definitions and requirements listed
   above to ensure that DVOP specialists can fulfill these responsibilities in
   providing individualized career services (in person or virtually, when appropriate)
   through a case management framework (see Section VI.B. of VPL 05-24) to
   categories of veterans and other additional populations eligible for DVOP
   specialist services listed in Section VI.A of VPL 05-24. The eligibility criteria
   ensure DVOP specialists serve those participants who are most in need of
   individualized career services and have adequate time to devote services to
   specialized populations prioritized under 38 U.S.C. § 4103A. DVOP-eligible
   populations who are not referred to a DVOP specialist must be referred to other
   workforce programs in accordance with priority of service requirements, as
   described in VPL 07-09 and TEGL 10-09.

f. Populations Eligible for DVOP Services. DVOP specialists must limit their
   activities to providing services to eligible populations who:
     Are interested in receiving one or more individualized career services, and
     Meet at least one of the following two criteria:
         •   Are defined as an eligible veteran or eligible person and are
             experiencing at least one of the qualifying employment barriers defined
             in Section VI.A.1 of VPL 05-24; or
         •   Are members of additional populations eligible for DVOP specialist
             services as authorized by the current annual appropriations act, as
             outlined in Section VI.A.2. of VPL 05-24.

                i.    Qualifying Employment Barriers. To receive DVOP services, an eligible
                      veteran or eligible person must affirm that they are experiencing at least one
                      of the following employment barriers:

                        •   Has a disability, which may include any of the following:
                             Special disabled veteran, defined in 38 U.S.C. § 4211(1) as a veteran
                                 who is entitled to compensation (or who but for the receipt of
                                 military retired pay would be entitled to compensation) under laws
                                 administered by the Secretary of Veterans Affairs for a disability
                                 rated at 30 percent or more, or rated at 10 or 20 percent in the case
                                 of a veteran who has been determined to have a serious
                                 employment handicap; or person who was discharged or released
                                 from active duty because of a service-connected disability.
                             Disabled veteran, defined in 38 U.S.C. § 4211(3) as a veteran who is
                                 entitled to compensation (or who but for the receipt of military
                                 retired pay would be entitled to compensation) under laws
                                 administered by the Secretary of Veterans Affairs2; or a person
                                 who was discharged or released from active duty because of a
                                 service-connected disability.
                             Other disability. Eligible veterans and eligible persons who self-
                                 identify as having a disability, as defined by the Americans with
                                 Disabilities Act, 42 U.S.C. § 12102.
                        •   Is a Vietnam-era veteran, as defined by 38 U.S.C. § 4211(2) as an
                            eligible veteran any part of whose active military, naval, or air service
                            was during the Vietnam era, as defined by 38 U.S.C. § 101(29).
                        •   Is a recently separated veteran, defined in 38 U.S.C. § 4211(6) as a
                            veteran who was discharged or released from active duty within the last
                            three years.
                        •   Has been referred for employment services by a representative of the
                            Department of Veterans Affairs.
                        •   Is experiencing homelessness, as defined in Sections 103(a) and (b) of
                            the McKinney Vento Homeless Assistance Act (42 U.S.C. § 11302(a)
                            and (b)).
                        •   Is justice-involved, as defined in WIOA Section 3(38), 29 U.S.C. §
                            3102(38) (definition of “offender”).
                        •   Is between the ages of 18–24 years of age at the time of enrollment.
                        •   Is educationally disadvantaged, meaning that the individual lacks a high
                            school diploma or equivalent certificate.

2
 An individual who attests to having a disability claim pending with the VA should be considered to have an
approved claim for the purposes of determining the qualifying employment barrier. A veteran with a 0 percent rating
does not qualify as being “entitled to compensation” within the meaning of the statute.

           •    Is economically disadvantaged, which means any of the following:
                 Meets the definition of a low-income individual in WIOA Section
                    3(36), 29 U.S.C. § 3102(36).
                 Unemployed.
                 Heads of single-parent households containing at least one dependent
                     child.
           Note: An eligible person must personally meet eligibility criteria. In other
           words, they must both: a) meet the definition found in 38 U.S.C. § 4101(5),
           and b) be experiencing at least one of the criteria listed above (e.g.,
           homeless, justice-involved, etc.). An eligible person who is not a veteran
           may not claim eligibility for DVOP services based on their spouse’s status
           as, for example, a Vietnam-era veteran.

 ii.   Additional Populations. Annual appropriations acts may authorize JVSG staff
       to serve certain non-veteran populations. Continued service to these
       individuals is contingent upon future appropriations act authorization. States
       are responsible for consulting with the DVET and reviewing the
       appropriations act each year to ensure DVOP specialists are serving only
       eligible populations. At the time of publication of this VPL, Congress has
       authorized DVOP specialists to serve, and LVERs to work with employers on
       behalf of, the following additional populations:

       •   Transitioning Service Members (TSM) who, at the time of enrollment
           have participated in any part of the Transition Assistance Program,
           including self-paced online modules and Individualized Initial Counseling.
       • Wounded, ill, or injured members of the Armed Forces who are receiving
           treatment in military treatment facilities or warrior transition units.
       • Spouses or other family caregivers of those wounded, ill, or injured
           service members described in Section XI.A.2(b) of VPL 05-24.
iii.   Participant Eligibility and Privacy. States must accept an individual's verbal,
       written, or electronic confirmation of their eligibility status and experiences as
       sufficient evidence for referral to DVOP services.
       States must protect participants’ privacy to the greatest extent possible. When
       requesting information about a participant's disability or employment barriers,
       states must:
       •       Clearly state that the information is solely for determining eligibility and
               service prioritization.
       •       Emphasize that participation is voluntary.
       •       Guarantee confidentiality of all shared information.
       •       Affirm that refusing to provide information will not result in negative
               consequences.
       •       Assure that information will be used only in compliance with legal
               guidelines.

g. DVOP Specialist Case Management/Individualized Career Services.
   38 U.S.C. § 4103A emphasizes that DVOP specialists provide individualized
   career services to eligible populations. Therefore, VETS expects that at least 90
   percent of participants served by a DVOP specialist will receive those services.
   VETS also expects DVOP specialists to use a case management approach to
   ensure they are delivering appropriate services designed to assist participants in
   overcoming barriers and gaining employment. See the most current roles and
   responsibilities audit guidance for more detail on VETS’ expectations for services
   and case file maintenance.

     Case management is a customer-centered approach to the delivery of
     individualized career services and is designed to prepare and coordinate
     comprehensive employment plans for participants, identify and assure access to
     the necessary training and supportive services, and provide support during
     program participation and after job placement. Case management includes all of
     the following elements:

   i.   Comprehensive assessment. This is an in-depth evaluation that documents the
        individual’s employment barriers and pertinent history, such as education,
        skills, and job history.

  ii.   Employment plan. This may also be known as an Individual Employment
        Plan, plan of action, Individual Development Plan, etc. The participant and
        DVOP specialist jointly develop the employment plan. It captures the
        individual’s career goals, steps needed to achieve the goals, and actions taken
        by both the individual and the DVOP specialist. The employment plan must
        address all barriers identified in the comprehensive assessment (e.g., lack of
        transportation), not just the barriers that made the participant eligible for
        DVOP services.

 iii.   Consistent contact. DVOP specialists must maintain regular, consistent
        contact with the participant, including meetings and updates, both pre- and
        post-employment. Contact with a participant should be meaningful to
        continually assist the participant in overcoming employment barriers to find
        and maintain employment. Consistent contact is based on the participant’s
        individual needs and situation, as per the written plan and case notes. This
        also includes any documented attempts at contact, but it does not include mass
        or group communications such as an email newsletter.

        As part of case management, DVOP specialists are required to facilitate
        employment. DVOP specialists may contact an employer on behalf of a
        specific veteran to facilitate employment, in coordination with the LVER and
        business service teams to avoid duplicative contacts to employers. DVOP
        specialists must not contact employers to advocate for the hiring of veterans in
        general or advocate on behalf of other populations, as this is an LVER or
        Business Services Teams duty.

            iv.    JVSG Staff Limitations. JVSG staff must not be placed in a situation where
                   they are at risk of performing duties that fall outside of their roles and
                   responsibilities. The following functions are examples of duties that must not
                   be assigned to, or executed by, JVSG-funded staff:

                         •   Staffing the AJC front desk. JVSG staff must not be assigned at any
                             time to greet incoming customers, conduct intake, or screen for
                             eligibility.
                         •   Providing services prior to eligibility screening. DVOP specialists
                             may not serve individuals who have not been screened for eligibility
                             and entered into the state’s management information system (MIS).
                         •   Checking in customers at job/resource fairs. However, JVSG staff
                             may attend such events to network with other resource providers
                             (DVOP specialists) and employers (LVERs).
                         •   Determining customer eligibility for other services.
                         •   Administering job preparation workshops if any of the workshop
                             participants are not DVOP-eligible populations.
                         •   Monitoring/controlling foot traffic during AJC events, unless the
                             event is for a DVOP specialist’s current participants only.

5. Inquiries. Please direct inquiries to the appropriate Regional Office.

6. References.

   A. TEGL 10-09, Implementing Priority of Service for Veterans and Eligible Spouses in all
      Qualified Job Training Programs Funded in whole or in part by the U.S. Department of
      Labor (DOL), dated November 10, 2009

   B. VPL 07-09, Implementing Priority of Service for Veterans and Eligible Spouses in all
      Qualified Job Training Programs Funded in Whole or in Part by the U.S. Department of
      Labor, dated November 10, 2009
7. Attachment(s). Attachment I: VPL 05-24

                                                                          Attachment I

VPL 05-24 JVSG Staff Roles and Responsibilities and WIOA Services to Veterans (dol.gov)