Questions and comments related to this rule may be directed to:
Delora Newton, Director
Division of Vocational Rehabilitation
Department of Workforce Development
201 E. Washington Avenue, G100
Madison, WI 53707-7946
Telephone: (608) 261-4576
Place where comments are to be submitted and deadline for submission
Jessica Holton, Policy Analyst
Department of Workforce Development
2701 S. Chase Avenue
Milwaukee, WI 53207
Telephone: (414) 389-6487
Hearing comments were accepted until March 8, 2018.
Section 1. DWD 65.01 is repealed and recreated to read:
DWD 65.01 Section 47.02, Stats., requires the department to implement an order of selection when there are insufficient resources to serve all eligible individuals who apply for
vocational rehabilitation services. An order of selection shall provide services to individuals with
the most significant disabilities first.
Section 2. DWD 65.02 is repealed and recreated to read:
DWD 65.02 This chapter applies to the department and to consumers who have applied for vocational rehabilitation services, but do not have an approved IPE. This chapter does not apply to consumers currently receiving services under an approved IPE.
Section 3. DWD 65.03 (1) and (2) are repealed.
Section 4. DWD 65.03 (3) is repealed and recreated to read:
DWD 65.03 (3) “Category” means the classification assigned to eligible individuals based on an assessment in each of the seven functional areas if an order of selection is imposed. Eligible individuals are assessed according to the significance of their disability as defined in the Rehabilitation Act of 1973, as amended, 29 USC 701. Section 5. DWD 65.03 (4) and (5) are repealed.
Section 6. DWD 65.03 (5m) is created to read:
DWD 65.03 (5m) "Consumer" means an individual certified by the department as eligible for vocational rehabilitation services.
Section 7. DWD 65.03 (7) and (8) are repealed.
Section 8. DWD 65.03 (9) and (10) are amended to read:
DWD 65.03 (9) “Employment outcome” means preparing for, obtaining entering or retaining full or part-time competitive or non-competitive employment in the integrated labor market consistent with the definition in 29 USC 706 (6) 29 USC 705 (11). (10) “Extended period of time” means a period of time lasting 12 6 or more months based on the expected implementation date of an IWRP to the ending date.
Section 9. DWD 65.03 (11) is repealed.
Section 10. DWD 65.03 (12) is amended to read:
DWD 65.03 (12) “Individual with a severe significant disability” means a client consumer with a severe functional limitation physical or mental impairment which seriously limits one or more functional capacities who will need multiple vocational rehabilitation services over an extended period of time within the definition of this term in 29 USC 706 (15) as prescribed under 29 USC 705 (21). Section 11. DWD 65.03 (12m) is created to read:
DWD 65.03 (12m) "IPE" means an individualized plan for employment.
Section 12. DWD 65.03 (13) to (15) are repealed.
Section 13. DWD 65.03 (16) is amended to read:
DWD 65.03 (16) "Multiple services" means more than one primary service purchased or provided with funding under the act as part of an approved IWRP IPE to obtain an appropriate employment outcome.
Section 14. DWD 65.03 (17) is repealed and recreated to read:
DWD 65.03 (17) “Order of selection” means the establishment of a waiting list to determine which consumers will receive vocational rehabilitation services when resources are not available to all eligible individuals.
Section 15. DWD 65.03 (18) is amended to read:
DWD 65.03 (18) “Primary services” means evaluation, counseling and guidance provided by VR staff, physical or mental restoration and, training, and placement services which would be are necessary to reach an approved IWRP IPE goal, but. "Primary services" does not include support services such as maintenance, transportation, personal assistance services or services to family members which are provided only to allow a client an individual to participate in one or more approved primary services.
Section 16. DWD 65.03 (18m) is created to read:
DWD 65.03 (18m) "Student with a disability" means an individual with a disability in a secondary, postsecondary, or other recognized education program, who is not younger than 14 years of age and not older than 21 years of age, who is eligible for, or who is receiving, pre-employment transition services.
Section 17. DWD 65.03 (19) to (24) are repealed.
Section 18. DWD 65.03 (25) is amended to read:
DWD 65.03 (25) “Vocational rehabilitation counselor” means the a department employe employee who collects documentation regarding an applicant’s disability, makes recommendations regarding determines an individual's eligibility for vocational rehabilitation services based on that record, and approves a client’s IWRP consumer's IPE.
Section 19. DWD 65.03 (25m) is created to read:
DWD 65.03 (25m) "Wisconsin Rehabilitation Council" means a council composed of members who review, analyze, and advise the division regarding the performance of its responsibilities in providing quality services to people with disabilities as prescribed under 34 CFR 361.16. Section 20. DWD 65.03 (26) and (27) are repealed.
Section 21. DWD 65.04 is repealed and recreated to read:
DWD 65.04 Imposing an order of selection. (1) Determining when an order of selection is required. The department shall determine prior to the beginning of every federal fiscal year, if adequate resources are available to provide all needed vocational rehabilitation services to all eligible consumers. The department shall consult with the Wisconsin Rehabilitation Council to determine if fiscal and personnel resources are available to meet the needs of all consumers. If the department determines there are insufficient resources to serve all eligible consumers, an order of selection shall be imposed.
(2) Continuation or termination of an order of selection. If an order of selection is imposed under sub. (1), the department shall consult with the Wisconsin Rehabilitation Council to determine prior to the beginning of every federal fiscal year, if a continuation or termination of an order of selection is necessary.
(3) Providing services under an order of selection. If an order of selection is imposed under sub. (1), the department shall provide services to consumers with the most significant disabilities before consumers with less significant disabilities as prescribed under DWD 65.07.
Section 22. DWD 65.05 is repealed.
Section 23. DWD 65.07 (1) is amended to read:
DWD 65.07 (1) Evaluation process. For each client, a A vocational rehabilitation counselor shall evaluate the client’s each consumer's case record using the functional assessment instrument included in the state plan and, on the basis of the client’s existing record, shall recommend, in writing, rating to determine the appropriate category for the client consumer in the an order of selection, except that a client may be assigned to a category or a position within a category by federal law. 29 USC 721(a) (5) (A). Section 24. DWD 65.07 (2) is repealed.
Section 25. DWD 65.07 (3) is repealed and recreated to read:
DWD 65.07 (3) Waitlist activation. When an order of selection is continued or imposed, services provided will be prioritized based on the date the application was received by the department for consumers assigned to the same category under an order of selection.
Section 26. DWD 65.07 (4) is created to read:
DWD 65.07 (4) Student with a disability. If a student with a disability has received pre-employment transition services prior to submitting an application, the department shall continue to provide pre-employment transition services to a student with a disability during the evaluation process under sub. (1) and prior to being determined eligible for vocational rehabilitation services. Pre-employment transition services shall continue if the student with a disability is placed in a category in an order of selection.
Section 27. DWD 65.08 (title) is amended to read:
DWD 65.08 (title) Notice to affected clients consumers.
Section 28. DWD 65.08 is renumbered DWD 65.08 (intro.) and as renumbered, is amended to read:
DWD 65.08 (intro.) Within 20 working days following publication of the public notice under s. DWD 65.05 of the department’s intention to impose or continue an order of selection, the The department shall notify, in writing, each client be who will not be served in the provide written notification to all consumers who may not receive services during a 12-month period beginning on from the effective date of the an order of selection. This The notice shall include all of the following: (1)
The reason for the decision, information regarding to impose, continue, or terminate an order of selection and the priority in which services will provided. (2)
Identify the consumer's category placement and information on how and where to file an appeal this action under s. DWD 65.11 and information regarding related to a consumer's category placement. (3)
Information on how and where to submit to request a reevaluation of category placement based on new evidence for review by the department under s. DWD 65.09 documentation not previously considered during the evaluation process under s. DWD 65.07 (1). Section 29. DWD 65.09 is amended to read:
DWD 65.09 Review requested by client Request for review of category placement. A client consumer may request a review of his or her their category placement within the an order of selection whenever when new evidence documentation not previously considered during the evaluation process under s. DWD 65.07 (1) is available by submitting a copy of the new evidence with a written request for a redetermination to the district director of the office which provided the notice of the order of selection category to the department with a copy of the new documents. Section 30. DWD 65.09 (Note) is created to read:
DWD 65.09 (Note) Information on how to file a request for reevaluation of category
placement will be included in the notice issued under s. DWD 65.08. Section 31. DWD 65.10 is amended to read:
DWD 65.10 The department shall contact each suspended case at least annually consumer in a category that will not receive services due to the imposition or continuation of an order of selection on an annual basis to determine if the client wants consumer would like to continue as a suspended case or if the case may be closed. If the client chooses to allow his or her case to be closed, the closure reason shall be reported as “other” and this action shall not prejudice any future reconsideration of the individual for services. If this contact is by mail and there is no response within 30 days or if the client has moved and left no forwarding address, the case shall be closed without further notice to maintain category placement. The department shall make multiple attempts, through multiple methods of contact, including the consumers preferred mode of contact, prior to closing any case. If there is no response within 30 days, the department may close the case. Prior to closing any case, the department shall document the dates and methods of contact.
Section 32. DWD 65.11 is amended to read:
