Veterans' significant barriers to employment for DVOP services

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                                                        CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION               Veterans
               ADVISORY SYSTEM                          CORRESPONDENCE SYMBOL
          U.S. DEPARTMENT OF LABOR                      OWI
             Washington, D.C. 20210                     DATE
                                                         February 11, 2015


ADVISORY:       TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 19-13,
                CHANGE 1

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:           PORTIA WU /s/
                Assistant Secretary
                Employment and Training Administration

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

SUBJECT:        Expansion and Clarification of Definition of Significant Barriers to Employment
                for Determining Eligibility for the Disabled Veterans’ Outreach Program
                (DVOP)

1. Purpose. To expand and clarify the definition of significant barriers to employment (SBE)
   provided in Section 5 of Training and Employment Guidance Letter (TEGL) 19-13, released
   on April 10, 2014.

2. References.
   • TEGL 19-13, Jobs for Veterans’ State Grants (JVSG) Program Reforms and Roles and
      Responsibilities of American Job Center (AJC) Staff Serving Veterans, dated April 10,
      2014;
   • TEGL 20-13, Change 1, Designation of Additional Population of Veterans Eligible for
      Services from the Disabled Veterans’ Outreach Program Specialist – Veterans Ages 18 to
      24, dated May 7, 2014;
   • Veterans’ Program Letter (VPL) 08-14, Designation for Additional Populations Eligible
      for Services from Disabled Veterans' Outreach Program (DVOP) Specialists:



 RESCISSIONS                                            EXPIRATION DATE
 None                                                   Continuing

       Transitioning Service Members in need of Intensive Services; and Wounded, Ill, or
       Injured Service Members Receiving Treatment at Military Treatment Facilities or
       Warrior Transition Units (MTFs – WTUs); and the Spouses and Family Caregivers of
       such Wounded, Ill, or Injured Service Members, dated September 26, 2014;
   •   VPL 03-14, Change 1, Expansion and Clarification of Definition of Significant Barriers
       to Employment for Determining Eligibility for the Disabled Veterans’ Outreach Program
       (DVOP), dated February 11, 2015;
   •   Section 101 of the Workforce Investment Act of 1998, Pub. L. 105-220; enacted August
       7, 1998;
   •   Section 3 of the Workforce Innovation and Opportunity Act of 2014, Pub. L. 113-128;
       enacted July 22, 2014.

3. Background. The populations eligible to receive services from DVOP specialists have been
   identified in TEGLs 19-13 and 20-13, Change 1 and VPL 08-14. TEGL 19-13 defined
   “individuals with significant barriers to employment” or “SBEs” as eligible for services from
   DVOP specialists. The Secretary of Labor has determined that the definitions of certain SBE
   categories should be clarified. This Change 1 TEGL provides those clarifications.

   Additionally, the Workforce Innovation and Opportunity Act of 2014 (WIOA) will supersede
   the Workforce Investment Act of 1998 (WIA) on July1, 2015. TEGL 19-13 originally
   referenced definitions in WIA. This Change 1 TEGL has been updated to contain references
   to WIOA. The WIA references will continue to be used until July 1, 2015, when the majority
   of WIOA provisions become effective.

4. Expanded and Clarified Definition of Significant Barriers to Employment. The updated
   list of eligible veterans and eligible spouses defined as having a SBE is provided below. New
   language is in bold text, and is further explained below the list. Updated statutory references
   also appear in bold.

    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:
          • 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,
          • 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 has
      been unemployed for 27 or more weeks in the previous 12 months, i.e. the term of
      unemployment over the previous 12 months remains 27 weeks; however, the requirement
      of 27 consecutive weeks is eliminated;

    4. An offender, as defined by WIOA Section 3 (38) 1, who is currently incarcerated or
       who has been released from incarceration, i.e. the expanded definition of SBE includes
       any eligible veteran or eligible spouse who is currently or was formerly incarcerated by
       removing the within the last 12 months requirement;
    5. Lacking a high school diploma or equivalent certificate; or
    6. Low-income individual (as defined by WIOA Section 3 (36)) 2.

    In addition to the above clarifications to the definition of SBE, the following guidance is
    provided to improve the identification and support of disabled veterans. In accordance with
    prior guidance, the determination of disability under the SBE definitions must be made solely
    on the basis of self-identification 3. Note that any individual who separated from active duty
    because of a service-connected disability qualifies as a disabled veteran regardless of the
    number of days of active duty served, as does any veteran with a disability rating provided by
    the Department of Veterans Affairs (VA) (or a military Service issued disability
    determination) as described in 38 U.S.C. § 4211(1). 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 SBE.

5. Action Requested. State Administrators and AJC directors are requested to immediately
   transmit this Change 1 TEGL to appropriate staff. Staff should ensure intake procedures and
   referrals to JVSG staff incorporate the modifications to the SBE definition outlined in this
   Change 1, TEGL immediately.

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




1
  Prior to the effective date of WIOA on July 1, 2015, the definition of offender at WIA Section 101(27)
will be used. The definition of offender in WIOA is identical to the definition of offender in WIA.
2
  Prior to the effective date of WIOA on July 1, 2015, the definition of low-income individual at WIA
section 101(25) will be used.
3
  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 effort 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.