Veterans grant staff roles at American Job Centers

Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2014/TEGL_19_13_Acc.pdf

CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                Veterans
               ADVISORY SYSTEM                           CORRESPONDENCE SYMBOL
          U.S. DEPARTMENT OF LABOR                       OPDR-DPLR
             Washington, D.C. 20210                      DATE
                                                         April 10, 2014


ADVISORY:       TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 19-13

TO:             STATE WORKFORCE AGENCIES
                STATE WORKFORCE ADMINISTRATORS
                STATE WORKFORCE LIAISONS
                STATE AND LOCAL WORKFORCE BOARD CHAIRS AND
                DIRECTORS
                STATE LABOR COMMISSIONERS
                TRADE ADJUSTMENT ASSISTANCE LEADS
                AMERICAN JOB CENTERS
                EMPLOYMENT AND TRAINING ADMINISTRATION GRANTEES

FROM:           ERIC M. SELEZNOW /s/
                Acting Assistant Secretary
                Employment and Training Administration

                KEITH KELLY /s/
                Assistant Secretary
                Veterans’ Employment and Training Service

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) identifies for the public
   workforce system the refocused roles and responsibilities expected to be carried out by JVSG
   staff; conveys the duties they are to perform; and discusses the relationship of services
   provided by staff within the larger workforce system.

2. References.
   • 38 U.S.C. chapter 41, Job Counseling, Training, And Placement Service For Veterans (38
      U.S.C. 4100–4114), as amended, specifically:
         o 38 U.S.C. 4103A, Disabled veterans’ outreach program; and,
         o 38 U.S.C. 4104, Local veterans’ employment representatives.
   • 38 U.S.C. chapter 42, Employment And Training Of Veterans (38 U.S.C. 4211–4215), as
      amended, specifically:
         o 38 U.S.C. 4215, Priority of service for veterans in Department of Labor job
             training programs.
   • Workforce Investment Act of 1998 (WIA), as amended (29 U.S.C. 2801 et seq.).
   • 20 CFR Part 1001, Services for Veterans.

 RESCISSIONS                                            EXPIRATION DATE
 None                                                   Continuing

        20 CFR Part 1010, Application of Priority of Service for Covered Persons.
        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) (http://wdr.doleta.gov/directives/attach/TEGL/TEGL10-09.pdf).
        Training and Employment Notice 15-10, Protocol for 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)
         (http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2954).
        Veterans Program Letter (VPL) 01-10, Jobs for Veterans State Grants Recurring Report
         Requirements, dated January 15, 2010.
        VPL 05-05, Direct and Indirect Charges, dated May 23, 2005.
        Veterans Program Letter (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 (http://www.dol.gov/vets/VPLS/VPLs/VPL_07-
         09/VPL_07-09_&_Attachments_A-D%20.pdf).
        VPL 03-14, Jobs for Veterans’ State Grants (JVSG) Program Reforms and Roles and
         Responsibilities of American Job Center (AJC) Staff Serving Veterans

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

    DOL serves transitioning service members, veterans, and their families through our current
    programs, such as Workforce Investment Act (WIA), Wagner-Peyser Employment Service
    (WP), and the Jobs for Veterans State Grant (JVSG) programs, and Transition Assistance
    Program Employment Workshops, as well as through new initiatives, such as the Gold Card
    Initiative, and online national electronic tools, such as My Next Move for Veterans
    (www.mynextmove.org/vets/), and the CareerOneStop Veterans ReEmployment Portal
    (http://www.careeronestop.org/reemployment/veterans/). DOL-funded employment and
    training programs assisted in serving 1.6 million veterans from July 2011 to June 2012.
    Veterans and other covered persons receive priority of service for all employment and
    training programs funded directly, in whole or in part, by DOL, as provided in 20 CFR Part
    1010.1 These include many of the programs operated by the more than 2,500 AJCs2, also

1 Under 20 CFR Part 1010 and 38 U.S.C. 4215, “priority of service” is provided to all “covered persons.” Section
4215(a)(1) defines “covered persons” to mean veterans and the spouses “of any of the following:
        a. any veteran who died of a service-connected disability;
        b. any member of the Armed Forces serving on active duty who, at the time of application for the priority, is
        listed in one or more of the following categories and has been so listed for a total of more than 90 days:
                  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; or
        c. Any veteran who has a total disability resulting from a service-connected disability, as evaluated by the
        Department of Veterans Affairs or any veteran who died while such a disability was in existence.”


    known as One-Stop Career Centers, nationwide that serve as the cornerstones for the nation’s
    workforce investment system.

    While DOL continues to meet the employment and training needs of veterans, it recognizes
    that changes in workforce programs’ service delivery strategies to veterans are needed to
    respond to the forecasted increase in veterans, including men and women transitioning from
    the wars in Iraq and Afghanistan, to the civilian labor force. The workforce system must
    respond to this increase while continuing to serve existing veterans and other non-veteran job
    seekers. Additionally, changes are needed to ensure that workforce programs are aligned
    with the roles and functions established in their authorizing legislation.

    Upon review of JVSG, WP and WIA program performance indicators and participant
    characteristics, the Veterans’ Employment and Training Service (VETS) and the Employment
    and Training Administration (ETA) began discussions on an approach to refocus JVSG staff
    on their statutory duties and ensure that eligible veterans and eligible spouses receive the best
    combination of services, according to their needs. The agencies determined that to
    accomplish this refocusing, Disabled Veterans’ Outreach Program (DVOP) specialists will
    serve only those veterans and eligible spouses most in need of intensive services. As a result,
    DVOP specialists will serve a narrower group of veterans and eligible spouses, enabling the
    specialists to provide intensive services to a vast majority of the people they serve. This, in
    turn, will impact the AJC programs, including WP and WIA. As a result of these
    discussions, ETA and VETS are issuing this TEGL and the parallel VPL 03-14.

    This guidance was jointly-developed by VETS and ETA to address refocusing and reforming
    of the JVSG program. The guidance further explains the role of the WP- and WIA- funded
    staff in continuing to ensure priority services are provided to veterans.

4. JVSG Program. One of the strategies used by DOL to serve veterans is the JVSG program,
   which provides funds to states to exclusively serve eligible veterans, as defined in 38 U.S.C.
   4101(4) and 4211(4),3 and other eligible spouses as defined in 38 U.S.C. 4101(5),4 and to

Under the regulatory definition of “covered persons”, “veteran” is defined as it is in 38 U.S.C. 101(2) asa person
who served in the active military, naval, or air service, and who was discharged or released therefrom under
conditions other than dishonorable. Active service includes full-time duty in the National Guard or a Reserve
component, other than full-time duty for training purposes.
2 American Job Center is the unifying name that identifies One-Stop Career Centers, established under Section
134(c) of WIA, throughout the workforce system. The American Job Center network includes all the virtual and in-
person publicly-funded workforce development resources, including partner services and resources, that are
available through the workforce system. See TEGL 36-11, Announcement of American Job Center Network
(http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=7695).
3 38 U.S.C. 4101(4) and 4211(4) define the term “eligible veteran” as a person who: a) served on active duty for a
period of more than 180 days and was discharged or released with other than a dishonorable discharge; b) was
discharged or released from active duty because of a service-connected disability; c) was a member of a reserve
component under an order to active duty pursuant to section 12301(a), (d), or (g), 12302, or 12304 of 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
was discharged or released from such duty with other than a dishonorable discharge; or d) was discharged or
released from active duty by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title
10).


    perform outreach to employers. JVSG funds are provided to states to fund two staff
    positions:

         Disabled Veterans’ Outreach Program (DVOP) Specialists -- Under 38 U.S.C. 4103A(a),
         a DVOP specialist provides intensive services5 and facilitates placements to meet the
         employment needs of veterans, prioritizing service to special disabled veterans, other
         disabled veterans, and other categories of veterans in accordance with priorities
         determined by the Secretary of Labor (Secretary); and

         Local Veterans’ Employment Representatives (LVER) -- Under 38 U.S.C. 4104(b), the
         LVER’s principal duties are to: (1) conduct outreach to employers in the area to assist
         veterans in gaining employment, including conducting seminars for employers and, in
         conjunction with employers, conducting job search workshops and establishing job search
         groups; and (2) facilitate employment, training, and placement services furnished to
         veterans in a State under the applicable State employment service delivery systems.

    DVOP specialists and LVERs are an essential part of and fully integrated into the AJC
    network. They are included among the AJC partner staff, which consists of all staff
    employed by programs or activities operated by AJC partners listed in 29 U.S.C. 2841(b) that
    provide online and/or in-person workforce development or related support services as part of
    the workforce development system. Other AJC partner staff members include staff of WIA,
    WP, and other AJC network partner programs.

    However, in recent years the integration of JVSG staff into the AJC Network has resulted in a
    blurring of roles and responsibilities, as DVOP specialists and LVERs have taken on
    additional veteran services and activities that are beyond the primary duties of these
    positions. Section 241 of the VOW to Hire Heroes Act of 2011 (VOW Act, Title II of Pub.
    L. 112-56) amended 38 U.S.C. 4103A and 4104. The VOW Act amendments specifically
    prohibit DVOP specialists and LVERs from performing non-veteran related duties that
    detract from their ability to perform their statutorily-defined duties related to meeting the
    employment needs of eligible veterans. Additionally, Section 241 of the VOW Act added
    provisions that require the Secretary to conduct regular audits to ensure compliance with the
    limitations on the duties of DVOP specialists and LVERs, and provide that the Secretary may
    reduce funding to any state determined not to be in compliance.


4 Under 38 U.S.C. 4101(5), “eligible spouses” are the same spouses who are included as “covered persons” for
purposes of priority of service, discussed in footnote 1 above.
5 As explained in 38 U.S.C. 4101(9), the “intensive services” provided by DVOP specialists are the “intensive
services” defined in WIA Section 134(d)(3) (29 U.S.C. 2864(d)(3)). Under section 134(d), intensive services
include: comprehensive and specialized assessments of skill levels and service needs; development of an individual
employment plan to identify the employment goals, appropriate achievement objectives and appropriate combination
of services for the participant to achieve the employment goals; group counseling; individual counseling and career
planning; and short-term prevocational services that may include development of learning skills, communication
skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct to prepare individuals
for unsubsidized employment or training.


    To meet the VOW Act requirement, VETS is developing auditing standards to ensure that
    DVOP specialists and LVER staff are performing their primary duties as specified in the
    authorizing legislation for the JVSG program (38 U.S.C. 4102A, 4103A, and 4104, as
    amended).

5. DVOP Specialists and Intensive Services to Eligible Veterans and Eligible Spouses. In
   DOL’s employment programs, including JVSG, WP, and WIA programs, intensive services
   are provided to both unemployed participants who require such services to obtain
   employment and to employed participants who require such services to obtain or retain
   employment leading to self-sufficiency. In accordance with 38 U.S.C. 4103A(a), DVOP
   specialists must provide intensive services to eligible veterans and eligible spouses to meet
   their employment needs, prioritizing service to special disabled and other disabled veterans,
   as defined by 38 U.S.C. 4211, and to other eligible veterans in accordance with priorities
   determined by the Secretary.6 The statute also requires that DVOP specialists place
   maximum emphasis on assisting veterans who are economically or educationally
   disadvantaged. To ensure that DVOP specialists are able to fulfill their statutory
   responsibilities to provide intensive services to these categories of veterans, DOL has
   developed the following guidance to identify the veterans prioritized and emphasized by the
   DVOP statute.

    In order to realign DVOP specialists’ roles, DOL is directing that DVOP specialists must
    limit their activities to providing services to eligible veterans and eligible spouses who:

    a. meet the definition of an individual with a Significant Barrier to Employment (SBE),
       specifically defined in bold, below paragraph (b), or

    b. are members of a veteran population identified by the Secretary under 38 U.S.C.
       4103A(a)(1)(C) as eligible for DVOP services, as explained in separate guidance
       from DOL.

    An eligible veteran or eligible spouse is determined to have a SBE if he or she attests to
    belonging to at least one of the six criteria below7:


6 The Secretary does not interpret the statute to require priority to be given in the order that these groups are listed in
the statute. Instead, DVOP specialists must provide the same priority to serving special disabled, other disabled and
other veterans prioritized by the Secretary, including those the Secretary has identified as having Significant Barriers
to Employment in this guidance.
7 The determination of disability under the SBE definitions must be made solely on the basis of self-identification.
In requesting this information, all of the following requirements must be met: (1) any written questionnaire used for
this purpose must make clear that the information requested is intended for use solely in connection with efforts to
give priority to persons with disabilities (if no written questionnaire is used, this information must be made clear
orally); and (2) the staff member or person seeking the information must state clearly that the information is being
requested on a voluntary basis, that it will be kept confidential, that refusal to provide it will not subject the applicant
or participant to any adverse treatment, and that it will be used only in accordance with law.


    1. A special disabled or disabled veteran, as those terms are defined in 38
      U.S.C § 4211(1) and (3); Special disabled and disabled veterans are
      those:
         o who are 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; or,
         o were discharged or released from active duty because of a service-
             connected disability;
    2. Homeless, as defined in Section 103(a) of the Stewart B. McKinney
      Homeless Assistance Act (42 U.S.C. 11302(a));
    3. A recently-separated service member, as defined in 38 U.S.C § 4211(6),
      who at any point in the previous 12 months has been unemployed for 27
      or more consecutive weeks;
    4. An offender, as defined by WIA Section 101(27), who has been released
      from incarceration within the last 12 months;
    5. Lacking a high school diploma or equivalent certificate; or
    6. Low-income (as defined by WIA at Sec. 101(25)(B)).

This guidance is meant to limit the number of eligible veterans and eligible spouses who
DVOP specialists serve. Limiting DVOP specialists to serving only the veterans and eligible
spouses who meet the criteria in paragraphs (a) and (b) above will ensure that the DVOP
specialists are serving the specific population of eligible veterans and eligible spouses
prioritized by 38 U.S.C. 4103A. It will also ensure that DVOP specialists are better able to
fulfill their primary responsibility of providing intensive services to all the people they serve.
 While the DVOP specialists’ provision of intensive services to these veterans and eligible
spouses may include some core services, serving a more limited population will allow DVOP
specialists enough time to devote a majority of their time to providing intensive services.
The veterans who do not fall into one of the categories that are served by DVOP specialists
are eligible to be served by other AJC Staff, including WIA, WP, and other AJC program
staff, and are eligible for priority of service as is discussed in section 8 below.

The SBE categories were developed to implement the priority and maximum emphasis
requirements of 38 U.S.C. 4103A(a). As required by that subsection, “special disabled
veterans” and “disabled veterans” (as those terms are defined in 38 U.S.C. 4211(1) and (3))
are included in the group of veterans who are given priority because they have a SBE. In
addition, the SBE categories give priority to the other categories of veterans and eligible
spouses identified by the Secretary and gives maximum emphasis to serving veterans and
eligible spouses who are educationally or economically disadvantaged, such as certain groups
of veterans and spouses who have been removed from the workforce for significant periods
of time. Additionally, under 38 U.S.C. 4103A(a)(1)(C), the Secretary may choose to
prioritize additional categories of veterans and eligible spouses who may receive intensive
services from DVOP specialists. Any additional priorities will be set forth in separate
guidance.


   The Secretary will regularly reassess the definition to ensure it reflects the best available data
   and trends associated with veteran employment and continues to identify those veterans who
   are to be given priority and maximum emphasis for DVOP services under 38 U.S.C.
   4103A(a).

   An eligible veteran or eligible spouse who is identified as having a SBE must be immediately
   referred to a DVOP specialist or, in instances where a DVOP specialist is not available,
   another AJC provider of intensive services. For planning purposes, ETA and VETS
   anticipate that approximately 30 percent of veterans seeking AJC services nationwide will be
   identified as having a SBE.

   Case management continues to be an appropriate service delivery strategy or framework
   within which intensive services may be delivered, particularly for veterans. Intensive
   services should be delivered following the case management framework in most cases.
   However, case management itself is a process, not a service, and is therefore not to be
   reported as a service, intensive or otherwise.

   Managing the DVOP Caseload
   In the event that a DVOP specialist does not have a full case-load of eligible veterans and
   eligible spouses who meet the criteria above (section 5, paragraphs a) and b)), the DVOP
   specialist may perform additional activities, in the order specified below:

           1. Review all open case files of current participants with a SBE or in a priority
              category and perform case management duties.
           2. Conduct relationship building, outreach and recruitment activities with other
              service providers in the local area, to enroll SBE and priority category veterans in
              an AJC.

   In addition, WP, WIA, and other AJC partner staff will continue to provide services,
   including intensive services, to veterans and eligible spouses as appropriate under the
   programs the staff administer. This guidance does not limit the ability of non-JVSG staff to
   provide intensive services to veterans who do not have a SBE or are not in a veteran category
   specified by the Secretary. Also, veterans with a SBE or in a specified category must have
   access to all appropriate AJC services and are not limited to receiving services only from
   DVOP specialists. Those veterans not meeting the SBE definition or not within a specified
   category identified by the Secretary are to be referred to appropriate non-JVSG AJC staff
   member(s) to receive core, intensive, and/or training services, on a priority of service basis.
   ETA and VETS will provide technical assistance to states and local areas to assist in the
   coordination of efforts between DVOP specialists and AJC staff to ensure that all veterans
   are receiving needed services.

6. LVER Staff and Employer Outreach/Facilitation. LVERs must perform only the duties
   outlined in 38 U.S.C. 4104(b), which are related to outreach to the employer community and
   facilitation within the state’s employment service delivery system. Therefore, LVERs must
   be assigned duties that promote to employers, employer associations, and business groups the


    advantages of hiring veterans. When employer outreach is primarily accomplished by a
    “business services team” or like entity, the LVER must be included as an active member of
    that team. LVERs should advocate for all veterans served by the AJC with business,
    industry, and other community-based organizations by participating in appropriate activities
    such as:

            Planning and participating in job and career fairs;
            Conducting employer outreach;
            In conjunction with employers, conducting job searches and workshops, and
             establishing job search groups;
            Coordinating with unions, apprenticeship programs and businesses or business
             organizations to promote and secure employment and training programs for veterans;
            Informing Federal contractors of the process to recruit qualified veterans;
            Promoting credentialing and licensing opportunities for veterans; and
            Coordinating and participating with other business outreach efforts.

    LVERs are also responsible for “facilitating employment, training, and placement services
    furnished to veterans in a State under the applicable State employment service delivery
    systems” (38 U.S.C. 4104(b)(2)). VETS defines this facilitation duty as the act of capacity
    building within the state’s employment service delivery system to ensure easier access to the
    appropriate employment and training services for job seeking veterans. LVERs should play
    an important role in assisting with the development of the service delivery strategies for
    veterans in their assigned AJC, as well as educating all AJC partner staff with current
    employment initiatives and programs for veterans.8

7. Determining Appropriate Staffing Levels. As part of the effort to refocus the workforce
   system, states should evaluate the proportion of DVOP specialists to LVER staff and their
   assignment to specific geographic areas.

    First, data indicate that a significant number of LVER staff are performing the duties of a
    DVOP specialist, by providing direct services to eligible veterans instead of performing
    outreach to employers and facilitating placements, as required by 38 U.S.C. 4104(b). VETS
    requests that states take this opportunity to review the functions of LVER staff and determine
    the level of LVER and DVOP services needed. LVER staff should be assigned in numbers
    appropriate to provide outreach and facilitation services at the level needed within a
    workforce area. To the extent that states determine that the number of LVER staff should be
    reduced, there may be a corresponding increase in the number of DVOP specialists in the
    state.

    Second, as DVOP specialists focus on veterans with a SBE, or those veteran populations
    specified by the Secretary, states may need to adjust the geographic assignment of DVOP
    specialists to accommodate demand. In other words, states should ensure that staffing plans
    place DVOP specialist positions in areas where the need for intensive services is greatest.
8 LVERs may work directly with any AJC partner staff members to assist that staff member with placing a specific
veteran participant.


   Determining the appropriate mix of JVSG staff and their geographic assignment will be an
   ongoing process for states, with assistance from DOL. VETS will review state plans and
   assist states in modifying plans to take these factors into consideration.

8. Priority of Service. On November 7, 2002, the Jobs for Veterans Act (JVA, Pub. L. 107-
   288) was enacted into law. One provision of the JVA, codified at 38 U.S.C. 4215,
   establishes a priority of service requirement for “covered persons” (veterans and certain
   spouses of veterans, as defined by 38 U.S.C. 4215(a)(1)(A-B)), in qualified job training
   programs. Qualified job training programs include all workforce programs funded directly,
   in whole or in part, by DOL, such as WP and WIA employment services, and other job
   training programs offered through competitive grants. The final rule implementing the
   priority of service requirement took effect on January 19, 2009, and can be found at 20 CFR
   1010. Additionally, ETA and VETS have provided policy guidance to the workforce
   investment system regarding the implementation of priority of service, including TEGL 10-
   09 and VPL 07-09. In brief, priority of service means that veterans and eligible spouses are
   given priority over non-covered persons for the receipt of employment, training, and
   placement services provided under a qualified job training program. This means that a
   veteran or an eligible spouse either receives access to a service earlier in time than a non-
   covered person, or, if the resource is limited, the veteran or eligible spouse receives access to
   the services instead of or before the non-covered person.

   It is important to note that the priority of service requirements are not affected by this
   guidance; direct recipients of DOL funding remain subject to the priority of service guidance
   and regulations. Additionally, priority of service and the JVSG reforms should not be
   interpreted to limit veterans and eligible spouses to receiving services only from JVSG or
   other specialized staff. Procedures or policies that restrict a veteran’s access to WIA or WP
   services, even if such restrictions are intended to provide the veteran with specialized
   services, are contrary to the priority of service requirements.

9. Performance Targets and Reporting. States must continue to report intensive services
   delivered by DVOP specialists, as well as any intensive services delivered to veterans by
   other AJC staff, in accordance with the specifications of the Labor Exchange Reporting
   System, the performance reporting system for the WP and the JVSG programs (see ETA
   Handbook No. 406 for details). It is important that states accurately report the number of
   veteran participants and the services and outcomes achieved.

   The changes to JVSG staff roles and responsibilities, as conveyed in this guidance, will
   necessarily result in adjustments to services being provided by WP and WIA staff.
   Consistent with this adjustment, VETS has established new performance guidelines for
   states, which will be used to ensure proper implementation of the policy set forth in this
   guidance.


To ensure that DVOP specialists are spending the majority of their time providing intensive
services, VETS has established the following state performance goals, providing for
incremental increases to allow time for full implementation of this guidance.

      Fiscal Year (FY) 2014: At least 50 percent of veterans and eligible spouses served by
       DVOP specialists will receive intensive services;
      FY 2015: At least 75 percent of veterans and eligible spouses served by DVOP
       specialists will receive intensive services;
      FY 2016: At least 90 percent of veterans and eligible spouses served by DVOP
       specialists will receive intensive services.

States failing to meet the target must evaluate reasons for the low percentage and take
appropriate actions to demonstrate incremental increases towards meeting this target.

The Director for Veterans’ Employment and Training (DVET) in each state will closely
monitor the state’s quarterly progress towards reaching these targets and will provide ongoing
technical assistance to ensure compliance with this guidance.

States currently report LVER employer outreach and job development efforts on the quarterly
Manager’s Report on Services to Veterans, including:

      Activities that promote the hiring of veterans and other eligible spouses and the
       results of those efforts;
      Activities that inform employers about incentives for hiring veterans;
      Job development contacts for veterans or other eligible spouses; and
      The number of veterans who entered employment following a job development
       contact.

The DVET in each state will closely monitor the information provided on the Manager’s
Report on Services to Veterans to ensure that each LVER, whether serving as a full-time or
half-time LVER, is focused on activities aligned with their duties, as described in this
guidance. States that do not demonstrate that the appropriate activities are being performed
by LVER staff by the quarter ending December 31, 2014, will be identified for technical
assistance by the DVET.

DOL is currently developing a metric to better assess and report on the performance and
outcomes of LVER staff. Until a new metrics are developed, the DVET will continue to
closely monitor performance submitted via the VETS 200(B) report, as it is expected that
direct services to veterans by LVER staff will significantly decline. Over the past two years,
many states have already made significant progress in decreasing LVER staff’s direct
services to participants, as evidenced by this report. As states successfully refocus LVER
positions on their statutorily-defined duties, ETA and VETS will consider if the VETS 200B
report is still a valid reporting mechanism.


   VETS will review the grant-based performance goals that were negotiated for PY 2013 to
   ensure that the goals align with this guidance.

10. Changes to Service Delivery within the WIA and WP Programs. As described above,
    DOL is fully dedicated to serving the men and women who have served our country. JVSG
    is an essential partner within the AJC network, and DOL’s efforts to reorient this program are
    intended to improve service delivery by clarifying the specific roles of JVSG staff while also
    reaffirming the responsibilities of other AJC partners to serve veterans as required by their
    governing statutes. The changes to the JVSG program will result in numerous benefits for
    veterans, including better targeting DVOP specialist-provided intensive services to those
    veterans that require the most help to get back to work, while more effectively using the
    resources of other AJC partners in accordance with their authorizing legislation. Although a
    large number of veterans with SBEs and in specified categories will be served by DVOP
    specialists, ETA and VETS expect the overall number of veterans served by WP and WIA
    Adult and Dislocated Worker programs to increase as a result of JVSG realignment. This
    shifting of veteran service delivery among workforce programs is necessary to fully
    implement priority of service; focus all these programs, including WP and WIA, on the roles,
    responsibilities, and functions that are specified in their authorizing legislation; and provide
    for full implementation of VOW Act provisions.

11. Effective Date. While the refocusing of the workforce system is effective upon the release of
    this guidance, DOL is mindful of the considerable time and resources required to ensure
    successful implementation. DOL will begin to assess states’ implementation of this guidance
    beginning July 1, 2014.

   DOL is dedicated to helping states implement this refocusing strategy and understands that it
   must provide enough time for AJCs to transition to the refocused roles and responsibilities of
   the affected programs.

   Training and Online Resources
   ETA and VETS are developing online training for all AJC frontline staff on the
   programmatic changes discussed in this guidance. Training is available through the National
   Veterans’ Training Institute (NVTI) at http://www.nvtihelpvets.ucdenver.edu; all AJC staff
   will be able to access the training. Information will also be provided through ETA’s
   Veterans’ Priority Community of Practice (https://veterans.workforce3one.org/), which is
   open to all AJC staff. ETA and VETS also plan to host related Webinars for state and AJC
   staff.

   Auditing, Monitoring, and Technical Assistance
   VETS began auditing compliance of Title 38 in FY 2013 to collect baseline information. As
   auditing continues, VETS will provide technical assistance and corrective action plans to
   states determined to be out-of-compliance.

12. Action Requested. State Administrators and AJC directors are requested to immediately
    transmit this TEGL to appropriate staff. Additionally, the following actions are requested:


      States and AJCs should ensure standard operating procedures are updated to align AJC
       staff and processes with the requirements outlined in this guidance.
      States must review the current performance plans and position descriptions for all DVOP
       specialists and LVERs to ensure that their duties align with those described in this TEGL.
      States must review their staffing plans to determine whether it is appropriate to increase
       the number of DVOP specialists, through an off-setting decrease in LVERs.
      States should consult with the appropriate DOL regional office if technical assistance is
       needed.

13. Inquiries. All inquiries should be directed to the appropriate ETA or VETS regional office.