Order of the Wisconsin
Department of Workforce Development
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The Wisconsin Department of Workforce Development proposes an order to renumber and amend DWD 802.06, to amend DWD 802.03 (1) and (4), 802.04 (2) (b), (c) and (e), 802.05 (3), 802.07, 802.08, and 802.09 (3) and (4), and to create 802.06 (1) and (2), relating to technical education equipment grants.
The statement of scope for this rule, SS 102-24, was approved by the Governor on October 10, 2024, published in Register No. 826A3, on October 21, 2024, and approved by the Department of Workforce Development on November 12, 2024. This emergency rule was approved by the Governor on November 27, 2024. ______________________________________________________________________________________
Finding of Emergency
The Department of Workforce Development finds an emergency exists and that an emergency rule is necessary for the Division of Employment and Training to issue a Grant Program Announcement and award funds in a timely manner. The emergency rule is needed to align with statutory changes.
2023 Wisconsin Act 165 makes changes to s. 106.275, Stats., relating to technical education equipment grants. 2017 Wisconsin Act 59 created s. 106.275, which allows the Department to award technical education equipment grants to school districts. As required by 2017 Wisconsin Act 59, the Department promulgated rules in ch. DWD 802 to implement the grant procedures and requirements. 2023 Wisconsin Act 165 amended s. 106.275, Stats., to allow the grants to be used to enhance or improve technical education facilities; allow a consortium of school districts to receive a grant; vary the amount of required matching funds based on whether the funds are from private or public sources; require that not less than one-third of the grant monies awarded in a fiscal biennium are provided to school districts that are eligible for sparsity aid; and increase the maximum award amount from $50,000 to $100,000. The effective date for the changes to s. 106.275, Stats., was March 23, 2024. Those statutory changes apply to technical education equipment grants awarded after that date. School districts and consortia of school districts are interested in participating in the Technical Education Equipment Grant program to allow students to access additional equipment and technology. An emergency rule is necessary to ensure that funds can be awarded to school districts (individually or in consortia) without delay to assist those schools in improving technical education training. The current administrative code provisions are contrary to recent statutory changes and need to be updated, consistent with recent statutory changes. While the Department is in the process of completing the rulemaking process for the permanent rule (see Scope Statement 085-24), that process cannot be completed in time to release a Grant Program Announcement to be awarded in early 2025.
Analysis Prepared by the Department of Workforce Development
Statutes Interpreted: Section 106.275, Stats. Explanation of Statutory Authority.
Section 106.275, Stats, allows the Department to award technical education equipment grants to school districts and requires the Department to promulgate rules to implement the grant procedures and requirements. Related Statute or Rules: None
Plain Language Analysis.
This rule revises procedures and requirements in ch. DWD 802 for the Department to award technical education equipment grants to school districts in this state. This rule will align ch. DWD 802 with changes to s. 106.275, Stats., that were made in 2023 Wisconsin Act 165. Those changes do all of the following: allow the grants to be used to enhance or improve technical education facilities; allow a consortium of school districts to receive a grant; vary the amount of required matching funds based on whether the funds are from private or public sources; require that not less than one-third of the grant monies awarded in a fiscal biennium are provided to school districts that are eligible for sparsity aid; and increase the maximum amount of a grant from $50,000 to $100,000. Summary of, and comparison with, existing or proposed federal regulations.
The federal Workforce Investment and Opportunity Act of 2014 (WIOA) provides funding for employment and training programs. The Department, with the approval of the Council on Workforce Investment, provides grant allocations to 11 regional workforce development boards, which fund and supervise local programs. Programs for employment placement/retention, job training, and education-related training programs are delivered through Wisconsin Job Centers.
Summary of comments on the statement of scope and description of how the comments were taken into account in drafting the rule
A preliminary hearing on the Statement of Scope for this rule, SS 102-24, was held on November 11, 2024. The Department received no comments on the Statement of Scope. Comparison with rules in adjacent states.
Illinois. The Industrial Development Assistance Law allows local school districts and community colleges to apply for and receive grants under Act 100-0679 for the acquisition of land, construction of facilities, and purchase of equipment, dedicated solely to the instruction of occupations in manufacturing.
Iowa. The Iowa Department of Education announced $1.7 million in Credentials to Career grants to support high schoolers in earning industry-recognized credentials in January 2024. The Credentials to Career grants are available to Iowa School Districts to align secondary career and technical education programs with industry-recognized credentials. Funding through the Credentials to Careers grant can be used by school districts to develop, broaden and enhance CTE pathway programs. Allowable costs include student exam fees, instructional equipment, non-consumable instructional supplies, computer equipment and software, wired and wireless internet connections, installation costs, instructor training related to new equipment purchases, instructor training expenses required to offer the credential and curriculum enhancements.
Michigan. The Michigan Department of Education (MDE) awards grants of up to $250,000 through the Career Pathways Grant (CPG) opportunity for entities that are eligible for funding under the federal Strengthening Career and Technical Education for the 21st Century Act, which is commonly called Perkins V. Applicants for the grants may apply for more than one instructional classification or occupational career, which could include engineering technology, drafting and design technology/architectural, biotechnology, plumbing/pipefitting, heating, air conditioning, ventilation, refrigeration, small engine repair, etc. The CPG grant supports Michigan's state plan for career and technical education under Perkins V.
Minnesota. The Partnership Program allows Minnesota participating businesses to partner with accredited Minnesota educational institutions to develop and deliver custom training specific to business needs. Grants up to $400,000 are available for training related costs such as curriculum development, instruction, training materials and supplies, training equipment, and instructor travel.
Summary of factual data and analytical methodologies.
As part of the process for developing this rule, the Department reviewed the changes to s. 106.275, Stats., made by 2023 Wisconsin Act 165. No other data or analysis was needed.
