Homelessness definition for veteran employment services

CLASSIFICATION
  EMPLOYMENT AND TRAINING ADMINISTRATION                Veterans
              ADVISORY SYSTEM                           CORRESPONDENCE SYMBOL
         U.S. DEPARTMENT OF LABOR                       OWI
            Washington, D.C. 20210                      DATE
                                                         October 30, 2015

ADVISORY:      TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 19-13,
               CHANGE 2

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

               TERESA W. GERTON /s/
               Acting Assistant Secretary for
               Veterans’ Employment and Training

SUBJECT:       Expansion and Clarification of Homeless Definition as a Significant Barrier to
               Employment (SBE)

    1. Purpose. To expand and clarify the definition of homeless as a SBE provided in Section
     4 of TEGL 19-13, Change 1, dated February 11, 2015.

    2. References.
        • Section 11302 of U.S.C. Title 42, The Public Health and Welfare, Chapter 119,
           Homeless Assistance, Subchapter 1, General Provisions;
        • Section 103 of The McKinney-Vento Homeless Assistance Act, Section 11302 of
           U.S.C. Title 42, as amended by The Homeless Emergency Assistance and Rapid
           Transition to Housing (HEARTH) Act of 2009, P.L. 111-22, Section 1502;

 RESCISSIONS                                           EXPIRATION DATE
 None                                                  Continuing

       •   Workforce Innovation and Opportunity Act (WIOA) of 2014, P.L. 113-128;
           enacted July 22, 2014, Definitions, § 3(24)(G) and § 3(36)(A)(iii);
       •   TEGL 19-13, 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;
       •   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;
       •   VPL 03-14, Change 1, Expansion and Clarification of Definition of Significant
           Barriers to Employment for Determining Eligibility for the Disabled Veterans’
           Outreach Program, dated February 11, 2015; and
       •   VPL 03-14, Jobs for Veterans’ State Grants (JVSG) Program Reforms and Roles
           and Responsibilities of American Job Center (AJC) Staff Serving Veterans, dated
           April 10, 2014.

3. Background. TEGL 19-13, Change 1 and VPL 03-14, Change 1 clarified the
   populations eligible to receive services from DVOP specialists. The definition of
   homeless as a significant barrier to employment is expanded to include domestic violence
   and other dangerous or life-threatening conditions, as defined in Section 103(b) of the
   McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(b)). This TEGL identifies
   this expansion.

4. Guidance. The definition of homeless as a SBE is updated to include paragraph (b) of
   Section 103 of the McKinney-Vento Homeless Assistance Act, which considers homeless
   to be any individual or family who is fleeing, or is attempting to flee, domestic violence,
   dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions
   in the individual’s or family’s current housing situation, including where the health and
   safety of children are jeopardized, and who have no other residence and lack the resources
   or support networks to obtain other permanent housing. As a result, the list of eligible
   persons defined as having an SBE now include:

       •   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:
               i. 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,
              ii. were discharged or released from active duty because of a service-
                  connected disability;
       •   A homeless person, as defined in Sections 103(a) and (b) of the McKinney-Vento
           Homeless Assistance Act (42 U.S.C. 11302(a) and (b)), as amended;
       •   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;
       •   An offender, as defined by WIOA Section 3 (38), who is currently incarcerated or
           who has been released from incarceration;

                                            2

       •   A veteran lacking a high school diploma or equivalent certificate; or
       •   A low-income individual (as defined by WIOA Section 3 (36)).

5. Action Requested. The Department requests that State Administrators and AJC
   directors immediately transmit this Change 2 TEGL to appropriate staff. Staff should
   ensure that intake procedures and referrals to DVOPs incorporate the modifications to the
   SBE definition outlined in this Change 2 TEGL immediately.

6. Inquiries. Please address questions to the appropriate ETA Regional office.

                                            3