Central Pennsylvania Workforce Development Corporation Priority of Service Policy and Procedures for Central Region PA CareerLink For participants enrolled or dual-enrolled as Title I Adults Developed by: Central Pennsylvania Workforce Development Corporation 130 Kelly Square Lewisburg, PA 17837 Approved by Central Workforce Development Board March 9, 2016 Effective March 23, 2016 PA CareerLink is a registered trademark of the Pennsylvania Department of Labor and Industry.
Contents References... 2 Background... 3 Veterans... 3 Spouses of Veterans... 3 Statutory Priority of Service for Adult Funded Individualized Career Services and Training Services... 4 Targeted Groups... 4 Locally Defined Discretionary Priority of Service Requirement... 6 Targeted Groups... 6 Statutory and Locally Defined Discretionary Priority of Service Requirement for Adult Funded Individualized Career Services and Training Services... 8 Interaction of the Adult Priority and Veterans Priority of Service... 8 Residency Priority of Service for Training Services... 9 Priority of Service Monitoring... 9 About this policy: This policy is divided into sections. If and when sections change, updates will be made and notifications sent to all key workforce stakeholders for dissemination. References Following are references used and/or referred to herein. Each are saved on SharePoint: CPWDC SharePoint/Program Resources/CPWDC Policy for PA CareerLink Operations unless otherwise noted. TEGL 3-15 Workforce Investment Information Notice No. 3-99, Change 2, dated August 5, 2002 Workforce System Policy 05-2015 CWDS Guidance for WIOA Title I-B Programs Effective September 2, 2015 Poverty Income Guidelines Self-Sufficiency Standard (http://www.pathwayspa.org) Pennsylvania High Poverty Area Verification Spreadsheet and High Poverty Look Up Guide Data Validation Chart Telephone Verification/Document Inspection Form (WSG 04-2015 Appendix B) Self-Certification Form (WSG 04-2015 Appendix A) Eligibility Review CPWDC Policy for Central Region PA CareerLink Operations Page 2 of 10
CPWDC Priority of Service (POS) Policy and Procedures Background The Workforce Innovation and Opportunity Act (WIOA) requires priority be given to public assistance recipients, other low-income individuals, and individuals who are basic skills deficient, when providing individualized career services and training services using WIOA Title I Adult program funds. In addition, Training and Employment Guidance Letter (TEGL) No. 3-15 specifies that priority should also be applied to individuals that are both underemployed and low-income. WIOA provides a focus on serving individuals with barriers to employment, and the intent of this priority in the law is to ensure access to these populations on a priority basis. Under WIA, priority was required for public assistance recipients and other low-income individuals when funds were limited. WIOA priority of service differs in that it is required regardless of the funding levels and also is expanded to include individuals who are basic skills deficient. Pennsylvania Department of Labor & Industry s Workforce System Policy (WSP) 05-2015 gives direction to local workforce development areas on how to implement priority of service. At the same time, each workforce development board has been directed to provide its own local priority of service policy. Hence, this local policy provides detailed direction for serving WIOA Adults in the Central Region. This document will explain priority of service as it relates to veterans, spouses of veterans, and those covered by WIOA statutory target groups for enrollment in Title I Adult programming. Veterans Priority of service is granted to veterans and eligible spouses sufficient to meet the requirements of 20 CFR, part 1010, published at Fed. Reg. 78132 on December 19, 2008. These regulations implement priority of service for veterans and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act. Section 1010.310(b)(3) of these regulations, states that when the veterans priority is applied in conjunction with another statutory priority, veterans and eligible spouses must receive the highest priority within that priority group, followed by nonveteran members of the priority group. Spouses of Veterans Spouses of veterans are eligible for priority of service if their spouse falls under one or more of the three below classifications: 1. Any veteran who died of a service connected disability 2. 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: o Missing in action o Captured in line of duty by a hostile force o o Forcibly detained or interned in line of duty by a foreign government or power Any veteran who has a total disability resulting from a service connected disability, as evaluated by the Department of Veterans Affairs 3. Any veteran who died while a disability was in existence CPWDC Priority of Service Policy for Central Region PA CareerLink Operations Page 3 of 10
Please note that this list does not cover spouses of service members who died while on active duty. The data elements to use for veteran status and spouse of veteran for Adults are DD-214 Cross match with veterans data Letter from Veterans Administration Each PA CareerLink site should also coordinate with their Disabled Veterans Outreach Program Specialist (DVOP) and Local Veteran s Employment Representative (LVER) to ensure implementation of this process. Statutory Priority of Service for Adult Funded Individualized Career Services and Training Services Per Workforce System Policy 05-2015, priority of service means individuals in the below targeted groups are given priority over other individuals for receipt of individualized career services and training services funded by the WIOA Title I Adult program. Even though the below groups are targeted for priority of services, veterans within these groups always receive priority over nonveterans. Adult priority is determined for the targeted groups during eligibility and registration determination and must be clearly documented in CWDS and the case file. Title I staff are expected to engage in outreach to serve as many individuals as possible from the broad spectrum of possible targeted groups. All PA CareerLink staff are expected to understand priority of service for the purposes of referral and co-enrollment in Title I for individuals who will benefit from such services. Targeted Groups 1. Recipients of public assistance This includes individuals who receive, or in the past 6 months have received, or are a member of a family that is receiving, or in the past 6 months has received, assistance through one or more of the following: Supplemental Nutrition Assistance Program (SNAP) Temporary Assistance for Needy Families (TANF) Supplemental Security Income (SSI) State or local income-based public assistance Validating documentation includes: TANF public assistance records Copy of authorization to receive cash public assistance Copy of public assistance check Medical card showing cash grant status Refugee assistance records Cross match with public assistance database 2. Low-income This includes individuals who meet one or more of the following definitions of low income: Recipients of public assistance (defined above in #1) CPWDC Priority of Service Policy for Central Region PA CareerLink Operations Page 4 of 10
Individuals in a family with total income below the poverty line or 70% of the lower living standard income level Homeless Foster youth Individuals with disabilities with individual income below the poverty line or 70% of the lower living standard income level. Validating documentation includes: Written confirmation from social services agency Written statement from an individual providing residence, shelter or social service agency, Statement of Family Size/Family Income (use only if source documentation not available) Alimony agreement Bank statements showing direct deposit Compensation award letter Court award letter Pension statement Employer statement/contact Family or business financial records Housing Authority verification Pay stubs Social Security Benefit Statement Public Assistance Records Quarterly Estimated Tax for Self-Employed Persons Duly signed WIOA Application indicating homelessness (which serves as last resort: self-certification) Note that a participant who was determined low-income for the WIOA Title I Youth program within six months of enrolling in the WIOA Title I Adult program may be co-enrolled as a WIOA Title I Adult. Priority of service eligibility would not have to be re-determined, 3. Basic skills deficient (BSD) WSP 05-2015 defines BSD adults as those who are unable to compute or solve problems or unable to read, write, or speak English at a level necessary to function on the job, or in the participant s family, or in society. Assessment of basic skills may be accomplished in one of five ways: School Records validating a BSD Referral or records from a Title II Adult Basic Education program Referral or records from an English Language Learner program Observation/Case Management as documented in case notes Observation that the Adult participant is unable to read or fill out an application form, or observation the Adult participant does not have basic computer literacy. Administration of a Standardized Assessment If none of the above options are available to validate a BSD, the participant will be administered a TABE test. It must be administered according to published guidelines and locators must be used to determine the CPWDC Priority of Service Policy for Central Region PA CareerLink Operations Page 5 of 10
appropriate level of use of such assessments. Reasonable accommodation in the assessment process, if necessary, must be made available for individuals with disabilities. An Educational Functioning Level at or below the 8 th grade level would determine an individual to be BSD. Validating documentation includes: An auditable trail back to the source of the verified information via case notes. For example, if a referral from Title II Adult Education/Literacy program is the means of documenting a BSD, the case notes must include the name of the program, name of instructor, and date of enrollment which would allow a monitor to later retrieve the necessary information. A hard copy of the information used to validate a BSD should be included in the participant file when possible, but an auditable trail in the case notes is required (as detailed in bullet above). Note that lacking soft skills or specific skills needed for a particular job may NOT be used to determine an otherwise high functioning Adult as BSD. A participant who was determined BSD for the WIOA Title I Youth program within six months of enrolling in the WIOA Title I Adult program may be co-enrolled as a WIOA Title I Adult. Priority of service eligibility would not have to be re-determined. 4. Underemployed These are individuals who are employed full-time or part-time and also meet the definition of low income (defined in #1 and #2 above). Locally Defined Discretionary Priority of Service Requirement Per Workforce System Policy 05-2015, local areas may define priority of service in addition to the statutory requirements. Individuals in the below targeted groups are given priority over other individuals who are not from the statutory priority of service targeted groups for receipt of individualized career services and training services funded by the WIOA Title I Adult program. Veterans within these groups always receive priority over non-veterans. Adult priority is determined for the discretionary targeted groups during eligibility; registration determination must be clearly documented in CWDS and the case file. Title I staff are expected to engage in outreach to serve as many individuals as possible from targeted groups. All PA CareerLink staff are expected to understand priority of service for the purposes of referral and co-enrollment in Title I for individuals who will benefit from such services. Targeted Groups Note brief descriptions of what must be validated are provided under each of the following targeted groups. Refer to the references listed in the beginning of this policy to see allowable documentation that can be used for validation according to guidance from the United States Department of Labor Employment & Training and the Pennsylvania Department of Labor & Industry Bureau of Workforce Development Administration. 1. Parent of a child who is eligible or receives a free or reduced price school lunch This includes individuals who have a child or dependent in elementary or secondary school who receive or are eligible to receive a free or reduced price lunch. CPWDC Priority of Service Policy for Central Region PA CareerLink Operations Page 6 of 10
Validation must include: Documentation proving status as a parent, and Documentation providing child s eligibility for free or reduced school lunch 2. Ex-Offender This includes individuals who (A) have been subject to any stage of the criminal justice process, and for whom WIOA Adult services may be beneficial or (B) require additional assistance in over-coming barriers to employment resulting from a record of arrest or conviction. (Definition per WIOA) Validation must include: Documentation from juvenile or adult criminal justice system, or Documented phone call with court or probation representatives using the Telephone Verification/Document Inspection Form 3. Older Individual who is not self-sufficient* These are individuals who are age 55 and older (definition per WIOA) and who are not self-sufficient. Validation must include: Documentation proving age at the time of registration Documentation showing current wages using the validation sources listed under Low Income above, and Documentation showing current family composition, and A printed copy of the relevant page of the Self-Sufficiency Standard which shows a wage higher than that currently earned, and Duly signed WIOA Application with a response of no for self-sufficient 4. Individual with a disability who is not self-sufficient* Individuals with a disability as defined in section 3 of the Americans with Disabilities Act of 1990 and who are not self-sufficient. Validation must include: Documentation providing disability Documentation showing current wages using the validation sources listed under Low Income above, and Documentation showing current family composition, and A printed copy of the relevant page of the Self-Sufficiency Standard which shows a wage higher than that currently earned, and Duly signed WIOA Application with a response of no for self-sufficient 5. Other individuals who are not self-sufficient* The last tier of Discretionary Priority of Service, used after all other priority options have been ruled out. Individuals who do not meet the definition of low-income as required in the Statutory Priority of Service, but are not self-sufficient. Validation must include: Documentation showing current wages using the validation sources listed under Low Income above, and CPWDC Priority of Service Policy for Central Region PA CareerLink Operations Page 7 of 10
Documentation showing current family composition, and A printed copy of the relevant page of the Self-Sufficiency Standard which shows a wage higher than that currently earned, and Duly signed WIOA Application with a response of no for self-sufficient *Not self-sufficient according to the Self-Sufficiency Standard and as indicated by a no on the WIOA Application. See Eligibility Policy for more information and the Self- Sufficiency Standard in Appendix B, Table 8 beginning on page 83 linked here: http://pathwayspa.org.mytempweb.com/wpcontent/uploads/2014/10/standard2012.pdf Statutory and Locally Defined Discretionary Priority of Service Requirement for Adult Funded Individualized Career Services and Training Services Success in achieving priority of service for the four statutory targeted groups and the locally defined discretionary targeted groups within the Adult program, regarding individualized career services and training services, will be measured by a state-established formula. At least 51% of Adults receiving ICS and TS must fall under a statutory or locally defined discretionary priority of service group. In addition, at least 30% of Title I funding must be used for training in PY2016 and at least 50% of that must be spent on individuals who are low income or have other barriers, i.e. 50% of Adult training funds must be spent on priority of service Adults. Further, the State Plan requires at least 40% of PY 2017 Title I funding be used for training with at least 60% spent on individuals who are low income or have other barriers, i.e. 60% of Adult training funds must be spent on priority of service Adults. In PY 2018 and thereafter, 50% of Title I funding must be used for training with at least 70% spent on individuals who are low income or have other barriers, i.e. 70% of Adult training funds must be spent on priority of service Adults. Interaction of the Adult Priority and Veterans Priority of Service The priority of service for veterans and eligible spouses applies across all qualified employment and training programs. The priority of service for public assistance recipients, other low-income individuals, and individuals who are basic skills deficient is a statutory priority that applies only to the receipt of individualized career services and training services in the WIOA Title I Adult program. Priority of service must be determined and applied to Adult program enrollees in the following order: 1. Veterans and eligible spouses who meet the statutory priority and Adult program eligibility must receive the highest level of priority for services; 2. Other individuals (not veterans or eligible spouses) who meet the statutory priority and Adult program eligibility then receive the second level of priority for services; 3. All other veterans and eligible spouses who meet Adult program eligibility, then receive the third level of priority for services; CPWDC Priority of Service Policy for Central Region PA CareerLink Operations Page 8 of 10
4. Other individuals (not veterans or eligible spouses) who do not meet the statutory priority but do meet the local discretionary priority and Adult program eligibility, then receive the fourth level of priority for services. Note the last definition listed under discretionary priority, Other individuals who are not self-sufficient, is the lowest priority within discretionary priority. Therefore, individuals who meet discretionary priority groups listed in 1-4 ( Parent of a child who is eligible or receives a free or reduced price school lunch, Ex-offender, Older Individual who is not self-sufficient, and Individual with a disability who is not selfsufficient all have priority over Other individuals who are not self-sufficient. Other individuals who are not self-sufficient should therefore be the last resort used for proving priority and should be used only when priority groups listed in 1-4 are not applicable or if proving eligibility so that validating documentation of other definitions is a barrier for the individual. 5. Other individuals (not veterans or eligible spouses) who do not meet the statutory priority and do not meet the locally defined priority, but do meet Adult program eligibility, then receive the fifth level of priority for services. Residency Priority of Service for Training Services In addition to the Discretionary Priority of Service, Central Region residents receive priority for access to training services. Since the residency requirement is strictly based on training fund availability, CPWDC must be notified in advance of any contract for training dollars being proposed for a non-central Region resident. If CPWDC determines regional funds are at an acceptable level to afford the contract, permission will be granted. If, however, CPWDC determines that regional funds are not at an acceptable level, the participant will be required to seek funding from his/her own workforce development area. The participant s service record will also be examined to ensure training dollars are not being sought from multiple workforce development areas. Priority of Service Monitoring CPWDC will evaluate compliance with this Priority of Service Policy and performance of the Adult program. CPWDC will specifically monitor to ensure at least 51% of Adults accessing individualized careers services and training services are in a statutory or discretionary POS group and to evaluate compliance with funding requirements to ensure 50% of training funds are spent on POS participants and in accordance with planned increases through PY2018 and thereafter. Evaluation and monitoring will include, but is not limited to a review of priority of service validation processes at the time of eligibility and enrollment determination, review of documentation used to validate priority, review of case notes ensuring an auditable trail documenting priority along with follow through to ensure priority was indeed met according to auditable trail. In order to ensure a majority of Adults served are POS, CPWDC will analyze the Adult caseload on a quarterly basis. The percentage of Adults registered under statutory, discretionary, and non- POS eligibility will be compared. If by January of each program year CPWDC determines the percentage of POS Adults served represent an average of less than 30% of all Adults served, CPWDC will require a written action plan from the Title I Adult subcontractor regarding how outreach and registration of POS customers will be increased. CPWDC Priority of Service Policy for Central Region PA CareerLink Operations Page 9 of 10
CPWDC will budget according to training threshold requirements. On a quarterly basis, CPWDC will monitor training activity to ensure compliance with minimum number of POS Adults accessing training services. The percentage of Adults who access training services registered under statutory, discretionary, and non-pos eligibility will be compared. If by January of each program year, CPWDC determines the percentage of POS Adults who access training represent an average of less than 30% of all Adults receiving training services, CPWDC will implement measures to cease enrollment of non-priority groups and such determination will be re-analyzed each month thereafter. Monitoring thresholds reviewed in January will increase to 40% in PY2017 and 50% in PY2018 in order to make adjustments by year end and hit the required targets. CPWDC Priority of Service Policy for Central Region PA CareerLink Operations Page 10 of 10