ORDER OF THE WISCONSIN
DEPARTMENT OF WORKFORCE DEVELOPMENT
CREATING AND ADOPTING RULES
The Wisconsin Department of Workforce Development adopts the following order to repeal DWD 65.03 (1), (2), (4), (5), (7), (8), (11), (13) to (15), (19) to (24), (26) and (27), 65.05 and 65.07 (2); to renumber and amend DWD 65.08; to amend DWD 65.03 (9), (10), (12), (16), (18) and (25), 65.07 (1), 65.08 (title), 65.09, 65.10 and 65.11; to repeal and recreate DWD 65.01, 65.02, 65.03 (3) and (17), 65.04, and 65.07 (3); and to create DWD 65.03 (5m), (12m), (18m) and (25m), 65.07 (4), 65.09 (Note) and 65.11 (Note) relating to an order of selection for vocational rehabilitation services.
Analysis Prepared by the Department of
Workforce Development
Statutes Interpreted
Statutes Interpreted: Ch. 47, Stats. Statutory Authority
Explanation of Statutory Authority
Section 47.02 (1), Stats., allows the department to adopt methods of administering the vocational rehabilitation program to maximize federal participation. Section 47.02 (1m), Stats., allows the department to cooperate with federal government to carry out federal regulations for vocational rehabilitation. Related Statute or Rules
Chapter 47, Stats. – Vocational Rehabilitation; Specialized Programs for Persons with Disabilities. Plain Language Analysis
The proposed rule will make the following changes to the definitions:
- Creates the definition "student with a disability."
- Repeals the definitions "Act," "application," "communication," "division," "district director," "functional limitations," "interpersonal skills or acceptance," "mobility," "self-care," "self-direction," "served," "state plan for vocational rehabilitation," "suspended case," "work skills or work history," and "work tolerance" as the terms are not used throughout ch. DWD 65. - Replaces the definition of "state rehabilitation planning and advisory council" with "Wisconsin rehabilitation council" to reflect the name of the council.
- Replaces the definition "individualized written rehabilitation program" or "IWRP" with "IPE" to align with federal rule regulations.
- Replaces the definition "individual with a severe disability" with "individual with a significant disability" to align with federal rule regulations.
- Replaces the definition "client" with "consumer" to align with federal rule regulations.
- Updates the definitions "employment outcome," "multiple services," "primary services," and "vocational rehabilitation counselor" for clarity and to align with current statute and federal regulations.
- Changes the time under the definition of "extended period of time" from 12 months to 6 months to align with federal regulations.
- Updates or repeals obsolete cross references.
The proposed rule updates procedures and aligns the rule with federal regulations and state statutes including:
- Notifying consumers when an order of selection is imposed or terminated.
- Creating a provision that requires students with disabilities that are receiving pre-employment transition services to continue to receive those services during the evaluation process and if they are placed in a category in an order of selection.
- Clarifying ambiguous language to provide consistency and conform to current drafting standards when imposing an order of selection.
- Clarifying the department's role in notifying consumers when an order of selection is imposed, terminated or continued for consumers who may not be provided services during a 12-month period and providing information on how the consumer can appeal their category placement and request a reevaluation of their category placement based on new documentation not previously considered during the evaluation process.
- Updating and clarifying the procedure by a vocational rehabilitation counselor during an evaluation process.
Under the current rule, the department must publish a class 1 legal notice in the state newspaper when an order of selection if imposed, continued or terminated. The proposed rule repeals this requirement. Under the proposed rule, the department is directed to provide written notification to each eligible individual of the priority categories in the order of selection, the consumers assignment to a particular category and information on how to appeal their category placement.
The proposed rule updates for clarity s. DWD 65.07 (3) by changing the title from "tie breaker" to "waitlist activation." The proposed rule also amends this section by eliminating unnecessary language to provide improved clarity and understanding. Under s. DWD 65.09, the proposed rule clarifies how a consumer can request a reevaluation of their category placement when new documentation not previously considered during the evaluation process, is available. Section DWD 65.09 (Note) was created to provide information on where a consumer can request a reevaluation. The proposed rule updates the current language in s. DWD 65.10 that is obsolete and difficult to understand. The proposed rule will provide the department shall contact each consumer in a category that will not receive services due to an order of selection, to determine if the consumer would like to maintain category placement. The proposed rule clarifies under s. DWD 65.11 that a consumer may appeal their category placement by submitting a request for a hearing within 12 months of the date an order of selection notice was provided to the consumer. Section DWD 65.11 (Note) was created to provide information on where a consumer can file an appeal. Summary of, and comparison with, existing or proposed federal statutes and regulations
29 USC 721 requires a state to submit and have approved by the Secretary of the U.S. Department of Labor, a unified or combined state plan in accordance with WIOA (29 USC 3112, 3113) for vocational rehabilitation services. In the event the state cannot provide services to all eligible individuals with disabilities who apply, the state is required to show the order to be followed in selecting eligible individuals for services. An order of selection must include that individuals with the most significant disabilities will be selected first. 34 CFR 361.48 requires each state to ensure that the vocational rehabilitation program, in collaboration with local education agencies, provides or arranges for the provision of pre-employment transition services for all students with disabilities from federal funds and ensures pre-employment transition services are available to all students with disabilities regardless of eligibility for vocational rehabilitation services. Section 110(d) of WIOA requires the state to reserve 15 percent of the allotted funds for the provision of pre-employment transition services for all students with disabilities.
Comparison with rules in adjacent states
Minnesota, Iowa, and Illinois have similar rules in place related to order of selection for vocational rehabilitation services. Michigan does not appear to have any rules regarding order of selection. Minnesota rule Chapter 3300 Part 3300.5010, Iowa rule IAC 56.6 (6), and Illinois Title 89, Chapter IV, Subchapter b: Part 533.130 all relate to order of selection.
Summary of factual data and analytical methodologies
Policy analysts and staff of the department's division of vocational rehabilitation's senior leadership team reviewed WIOA, federal regulations and consulted with the Wisconsin Rehabilitation Council.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis
The proposed rule will have no significant economic impact on small businesses as defined in s. 227.114 (1), Stats. The proposed rule was posted for 14 days to solicit economic impact comments from public. Effect on small business
The proposed rule will have no significant economic effect on small businesses as defined in s. 227.114 (1), Stats. Agency contact person
