Purpose: To establish Workforce Connections' (WC) policies for dult and Dislocated Worker program: Eligibility Determination

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Henry Reed
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1 1rork/orce CONN CTONS - i't l ll' r "~ ~ P.qor j'.;1'.~'\j.jt tu \ Workforce Connections General Policies Eligibility For WA Title Services ADW Purpose: To establish Workforce Connections' (WC) policies for dult and Dislocated Worker program: Eligibility Determination Background: Workforce Connections has established eligibility requirements for Adults and Dislocated Workers. Service Providers currently under contract with Workforce Connections and receiving WlA Title formula funds shall follow this policy. Service Providers may establish written internal procedures that meet the requirements of this policy. Policy: Any individual applying to receive WA Title services must first be registered and determined eligible. Registration is the process for collecting information to support the determination of eligibility. This policy applies to all Workforce Connections' Service Providers providing WA Title services to adult and dislocated workers. For the rationale of registration process, information may be collected by implementing one of the following methods [20 CFR (a) (b)]: Electronic recorded data; Personal interview; or ndividual written application. Equal opportunity data must be collected on every individual applying for WA Title services [20 CFR (c)]. Reference: Workforce nvestment Act (WA) [PL Sec. 101, 102, 134, 189, 195] [20 CFR ; ] [20 CFR 66i.100] [20 CFR 66i.120] [WA State Compliance Policy 1.6][PL ][PL Sec. 101 (49) (A) (b)] A. Core services that are self-service or informational in nature are universally available to all adults and dislocated workers without regard to eligibility requirements contained in this policy. B. All information required by Federal, State and local reporting requirements must be collected for each individual receiving services other than core self-service or informational services, including documentation of each eligibility requirement for the type of service that the individual has received. Support documentation must be kept in participants' file. Acceptable documentation for specific eligibility requirements are outlined in WC - Policy ADW Program Participant Files - Support Documentation - Table A Workforce Connections Policy ADW Adult & Dislocated Worker Program

2 workforce CONNECTONS - f'fnrl~ r"-~1,..,p.'.ulf'\ l'<.1~....,jdllsll5"1. Adult and dislocated worker registration has three primary common eligibility elements: A participant must either be a citizen, or legal to work in the United States. Citizenship can be documented through birth certificate, passport, or public assistance records. For aliens legally entering the United Stated with the ability to work, the case file must contain appropriate alien registration documentation.. An adult is identified as an individual 18 years of age or older, [WA Sec.101 (1)], and [20 CFR ]. Documentation verifying date of birth must be provided; in addition the following must be documented: A. Compliance with Selective Service registration requirements. [TEGL No changes1 and 2]. B. Compliance with citizenship and eligibility to work. C. Social Security number [TEGL No. 5-08], see WC - Policy ADW item. D. Proof ofresidence within the Southern Nevada Workforce nvestment area.. Dislocated Worker means an individual who - [WA Sec.101 (9)], [20 CFR ]. One of the following eligibility elements must be documented. A. Laid off or terminated: 1. Has been terminated or laid off, or has received a notice of termination of layoff from employment; or 2. s eligible for or has exhausted entitlement to unemployment compensation; or 3. Has been employed for a duration sufficient to demonstrate attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under a State unemployment compensation law; and 4. s unlikely to return to a previous industry or occupation. B. Plant Closure: 1. Has been terminated or laid off, or has received a notice of termination or layoff, from employment as a result of any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise; or 2. s employed at a facility at which the employer has made a general announcement that such facility will close within 180 days; or Workforce Connections Policy ADW Adult & Dislocated Worker Program Workforce Connections is an equal opportunity ernploycr/progrrun. N <lj b.o ro 0..

3 workforce CONNECTONS - ff(1j'j. f'>.~tp..l~hhr' f'.;'t ~S.Hlrfl~ 3. For purposes of eligibility to receive services other than intensive services, training services, or supportive services, is employed at a facility at which the employer has made general announcement that such facility will close. C. Self-Employed: Was self-employed (including employment as a farmer, rancher, or fisherman), but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters. D. Displaced Homemaker: 1. Has been providing unpaid services to family member in the home and who; 2. Has been dependent on the income of another family member, but is no longer supported by that income; and 3. s unemployed or underemployed, and is experiencing difficulty in obtaining or upgrading employment.. Veterans: [PL Sec.101 (49)(a)] A. Veteran. The term "veteran" means an individual who served in the active military service, and who was discharged or released from such service under conditions other than dishonorable. 1. RECENTLY SEPARATED VETERAN - The term "Recently separated veteran" means any veteran who applies for participation under this title within 48 months after the discharge or release from active military service. 2. Returning military service members (non-retiree) and military spouses may also be eligible for adult and dislocated worker services. f they are established as eligible for WA Title services and they meet the definition of veteran or military spouse, they must receive a priority of service, according to the Jobs for Veterans Act (PL Title 38 Sec. 4215), over non-veterans. [Nevada WA State policy 1.6] B. Determining the status of a veteran: Veteran status is determined from answers to some key questions: 1. "Did the individual serve on active duty in the U.S. Armed Services?" 2. "s the individual still in the Armed Forces?" Answers of "yes" to the first question and "no" to the second question may qualify the person as a veteran or eligible spouse. 3. "Finally, what type of discharge did the individual receive?" Only a veteran's discharge clearly categorized as "dishonorable" would prevent a veteran or a veteran's spouse from eligibility for priority of service. orkforce Connections Polic ADW Adult & Dislocated Worker Pro Workforce Connection is an equal opportunity employer/program. M ClJ 0.0 ro, 0..

4 workforce CONNECTONS ru1r1.. r/l,rjl'-.l~~.&11r~ r~1~... 1t.HH~"' C. Veterans Priority of Service 1. Background: The Jobs for Veterans Act (JV A), PL , signed into law on November 7, 2002, requires that there be priority of service for veterans and eligible spouses in any workforce preparation, development, or delivery program of service,directly funded in whole or in part by the U.S. Department of Labor [38 U.S.C. 4215]. The Priority of Service regulations, codified at [20 CFR 1010 ], were issued December 19, 2008 and require qualified job training programs to implement priority of service for veterans and eligible spouses, effective January 19, Additional guidance: [TEGL 10-09, VPL No ]. 2. Service Providers should have processes in place to identify veterans and eligible spouses who are entitled to priority of service. Priority of service means the right of veterans and eligible spouses to take precedence over a not-eligible for priority of service person in obtaining all employment and training services. Depending on the type of service, this may mean veterans and eligible spouses receive services earlier in time or instead of a not-eligible for priority of service person. Additional guidance is provided by DOL/ETA on Training and Employment Notice (TEN) No , and recommended protocols can be found at: http: //wdr.doleta.gov directives/attach/ten /ten2010/tem5-10.pdf D. Determining the status of eligible spouse 1. An "eligible spouse" means a spouse of any of the following: a) A spouse of any veteran who died of a service connected disability; b) A spouse of 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; 1) Missing in action; 2) Captured in the line of duty by hostile force; or 3) Forcibly detained or interned in the line of duty by a foreign government or power. c) A spouse of any veteran who has a total disability resulting from a serviceconnected disability, as evaluated by the department of Veterans Affairs; or d) A spouse of any veteran who died while a disability was in existence. 2. The full definition of veteran and eligible spouse is specified in [38 U.S.C 101(2)]. The definition of veteran for the purposes of priority of service is different from the definition of veteran than applies under the Wagner-Peyser Act. To meet the requirements of priority of service, you must use the definition included in [20 CFR 1010]. Only a veteran's discharge clearly categorized as "Dishonorable" would bar a veteran or a veteran's spouse from eligibility for priority of service. Workforce Connections Policy ADW Adult & Dislocated Worker Pro ~ <U bdi (\ ' Cl.

5 workforce CONNECTONS a 1.f(ll'll r.\1rf,...li: 10 f'hr\ f.-:.1'..i,j.lllhl"- V. Selective Service Registration requirement for DOL-ETA funded programs: A. Selective Service registration requirements. [TEGL No Change1 and 2] Men born on or after January 1, 1960 are required to register with Selective Service within 30 days of their birthday (i.e., 30 days before or 30 days after their birthday), this includes males who are: 1. Citizens of the U.S.; 2. Non-citizen, including illegal aliens, legal permanent residents, seasonal agricultural workers, and refugees, who take up residency in the U.S. before their 26th birthday; and/or 3. Dual nationals of the U.S. and another country regardless of whether they live in the U.S. For more information about the registration requirements visit The Selective Service System also provides a quick reference chart showing who must register located at: RegisterChart.pdf. B. Ensuring Selective Service compliance in the public workforce system: n order to participate in a program established by or receiving assistance under Title of WA, all males born on or after January 1, 1960 must present documentation showing compliance with the Selective Service registration requirements. Note: For more information concerning acceptable documentation to determine a person's Selective Service registration status, please see WC - Policy ADW record retention Table A. For performance accountability and reporting purposes, support documentation verifying the eligibility of a WA Title funded program participants is required. Eligibility determination must be made at all times prior to enrollment in WA Title and receipt of any intensive, training or support services. Each program shall provide employment and training opportunities to those who may benefit from, and who are most in need of, such opportunities. This is required because WA is not an entitlement program. For participation purposes: [PL Sec. 101 (34)] Participant - The term "participant" means an individual who has been determined to be eligible to participate in and who is receiving services (except follow-up services authorized under this title) under a program authorized by this title. Participation shall be deemed to commence on the first day, following determination of eligibility, on which the individual began receiving subsidized employment, training, or other services provided under this title. Workforce Connections Policy ADW Adult & Dislocated Worker Program Workforce Connections is an equal opportunity employer/ program. Lf') i Q) tld1 ell ' 0...

6 workforce CONNECTONS f'f Llrl &. f'aj. t,.;1 ~H41 '' f'0'... 1.Jl,1l (U\ V. Priority of Service A. As written in [PL Sec. 134(d)(4)(E)]: n the event that funds allocated to a local area for adult employment and training activities under paragraph (2)(A) or (3) of section 133(b) are limited, priority shall be given to recipients of public assistance and other low-income individuals for intensive services and training services. The appropriate local board and the Governor shall direct the one-stop operators in the local area with regard to making a determination related to such priority. B. As indicated in the Workforce Connections, Workforce nvestment Act, two-year strategic plan, item K (1)(a)(b): 1. Based on allocated funds received by Workforce Connections, priority of services may be instituted to ensure those most in need of assistance receive the necessary employment and training services to become gainfully employed. When priority of services is instituted, Workforce Connections will establish priority categories for eligible adult participants using household income levels. 2. n addition to income levels, as part of its deliberations, Workforce Connections will consider the designation of multiple employment barriers which may include the following categories: a) ndividuals with substantial language barriers or cultural barriers; b) Ex-offenders; c) Homeless individuals; and d) Other hard to serve populations as defined by the Governor's Workforce nvestment Board plan. C. n the event Workforce Connections determines that it is necessary to institute or rescind "Priority of Services", policy guidance will be established and Service Providers will be properly notified of this decision in writing. Adult & Dislocated Worker Pro Workforce Connections is an equal opportunity employer/ program.

7 workforce CONNECTONS - ru.1r1 i. r"s.: 1'.11nn1.r~ ro~~'i1-.u 1 BP V. Determination of Self-Sufficiency A. Self-Sufficiency - The Ability to earn enough money to support oneself. [WA Glossary] 1. Self-Sufficiency for adults is defined as: a) Meeting basic expenses (such as housing, transportation, food, clothing, health care, savings, and taxes) without subsidies; OR b) ndependence from Federal, State and local government assistance, with access to affordable health care. 2. Self-Sufficiency for Dislocated Workers is defined as: Having a re-employment wage that is equal to the individual's layoff wage or wages and benefits, which meets or exceeds the adult self-sufficiency definition; whichever is higher. B. Poverty Guidelines: 1. Poverty guidelines are a version of the Federal poverty measure issued annually by the Department of Health and Human Services (DHHS) in the Federal Register. The guidelines are used for administrative purposes such as determining financial eligibility for certain Federal funded programs. 2. Livable wage rate as established by Workforce Connections: The livable wage standard for the Southern Nevada Workforce Development Area (SNWDA) is set at $ This rate will only apply to employed individuals seeking assistance for training activities at the time of enrollment. n all instances the participant file must contain a determination of need for training services as identified by the ndividual Employment Plan (EP). 4. Prior approval by Workforce Connections Executive Director is required if a rate higher than the established is to be taken into consideration for the assessment and potential approval of training services for an employed individual. Note: The self-sufficiency wage varies by family size, but the family type used for this table is a common one and of an average nature. The self-sufficiency wage for a single parent with more children would be higher, while the wage for a two parent household where both are working would be lower. Workforce Connections Policy ADW Adult & Dislocated Worker Pro i i ['.. l Q) 001 ro i

8 workforce CONNECTONS - T1or1i r,\sl:f/'.rhh.t ~ f'<.l~'\j.ultu~ C. Lower Living Standard ncome Level (LLSL) 1. The Secretary of Labor annually determines the LLSL for several uses under WA. WA defines the term "Low ncome ndividual" as one who qualifies under various criteria, including an individual who receives income for a six (6) month period that does not exceed the higher of the poverty line or 70 percent of the LLSL. [nformation from the Federal Register/ Vol. 77, No. 60 /Wednesday, March 28, 2012 Notices] 2. [WA Sec. 101 (24)] Lower Living Standard ncome Level. The Term "lower living standard income level" means that income level (adjusted for regional, metropolitan, urban, and rural differences and family size) determined annually by the Secretary based on the most recent lower living family budget issued by the Secretary. D. Determination of Self-Sufficiency [20 CFR ][20 CFR ] 1. Under [Sec. 134 (d) (3) (A) (ii)], workers in jobs not leading to self-sufficiency are eligible for intensive services. The Law states that eligibility for intensive services includes those "who are employed, but who are determined by a one-stop operator to be in need of such intensive services in order to obtain or retain employment that allows self-sufficiency". 2. [20 CFR ] indicates that State or local boards must set the criteria for determining whether employment leads to self-sufficiency. At a minimum, such criteria must provide that self-sufficiency means employment that pays at least the lower living standard income level, as defined in WA Sec. 101 (24). Self-sufficiency for a dislocated worker may be defined in relation to a percentage of the layoff wage. Note: Lower Living Standard ncome Level (LLSL) is released each year by the Nevada Department of Employment Training and Rehabilitation (DETR). This information is updated upon release and/or announcement. Changes to established income guidelines will be provided via technical assistance guidance (TAG) notice. CO C1J b01 ra Q.. orkforce Connections Polle ADW dult & Dislocated Worker Pro

9 workforee CONNECTONS - ~ tr.-1ru f' )o, 11Ht-~1R ~.u1 \ ro:-- ~u. uirn~ V. Additional Eligibility Criteria PL Sec. 195, General Program Requirements Except as otherwise provided in this title, the following conditions are applicable to all programs under this title: PL Sec. 195 (12), Nothing in this title shall be construed to provide an individual with an entitlement to a service under this title. Federal Register/Vol. 65, No.156 Rules and Regulations p-49331, under WA, access to training or any other services is not an entitlement. A. The goal of the Workforce nvestment Act (WA) is to increase employment, retention, and earnings of program participants. Doing so will improve the quality of the workforce, sustain economic growth, enhance productivity and competitiveness, and reduce welfare dependency. B. The term "unlikely to" may also be defined in terms of personal, family, financial, or health circumstances that may affect the probability of the applicant's full compliance with and/or participation in the WA program. C. Core services that are considered self-services or informational in nature are universally available to all adults and dislocated workers without regard to eligibility requirements and no registration is required. D. With respect to WA applicants that meet the following criteria and where proper assessment have been conducted: 1. Failed to comply with prior WA program requirements and where proper provision of services is demonstrated and properly recorded; 2. Has been served by multiple (where multiple may be two (2) or more) WA Title Service Providers within the local workforce investment area, within 36 months as of the date of initial assessment; 3. Where combined total cost for previous WA Title services exceeds $2, within the 36 months above stated time period; 4. Where demonstrated and properly recorded that disruptive, violent, threatening behavior from applicant took place. E. Workforce Connections has determined that all applicants, after initial assessment, found to fall under above established criteria will be maintained at the core self-service level where enrollment is not required. F. Workforce Connections oversight staff approval is required prior a determination and action that might affect denial of enrollment/services. Consistency and accuracy is imperative. Support documentation is required at all times. Workforce Connections Policy ADW-030-oi_ 11 Adult & Dislocated Worker Program

Workforce Investment Act State Compliance Policies

Workforce Investment Act State Compliance Policies SECTION: 1.6 Eligibility for Adult and Dislocated Worker November 2009 Employment and Training Activities I. Core services that are self-service or informational