`Rules Clearinghouse No. _________ Proposed Hearing Draft
February 7, 2018
PROPOSED 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), 65.05, 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. 65, 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.
