The policy alternative is to do nothing and the department will not be in conformity with WIOA or federal regulations. If the department is not in conformity with federal regulations, funding for vocational rehabilitation services will be impacted and could be reduced.
Detailed explanation of statutory authority for the rule, including the statutory citation and language
"The state agrees to accept the provisions of 29 USC 701 to 796i, the rehabilitation act of 1973 as amended, and the provisions of 34 CFR 300 to 399 to carry out the purposes of the act and to adopt methods of administering the vocational rehabilitation program which will maximize federal participation. The department shall sign agreements with the federal government under 29 USC 701 to 796i to provide vocational rehabilitation services."
"The department may cooperate with the federal government in carrying out federal acts concerning vocational rehabilitation."
Estimate of amount of time that state employees will spend developing the rule and other resources necessary to develop the rule
The total amount of staff time is estimated to be approximately 150 hours.
List with description of all entities that may be affected by the proposed rule
The proposed rule will impact students requiring pre-employment services who are potentially eligible for vocational rehabilitation. Service providers who offer pre-employment transition services and consumers placed on the order of selection.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule
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. The 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, provide or arrange for the provision of pre-employment transition services for all students with disabilities from federal funds and ensure 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% of the allotted funds for the provision of pre-employment transition service for all students with disabilities.
Anticipated economic impact of implementing the rule (note if the rule is likely to have an economic impact on small businesses)
The proposed rule will have no significant economic impact on small businesses as defined in s. 227.114 (1), Stats. Contact Person:
