The proposed rule has purposes that are similar to those under federal regulations implementing WIOA, 20 CFR part 652. Those federal regulations relate to the establishment and functioning of state employment service and have the basic purpose to improve the functioning of the nation's labor markets by bringing together individuals who are seeking employment and employers who are seeking workers. Comparison with rules in adjacent states
Minnesota. The Minnesota Job Skills Partnership Program is a state grant program, funded by state general purpose revenue, which is focused on connecting state businesses with training opportunities through educational or nonprofit institutions who can provide skills development training for the workforce. Approximately 65% of the grants have provided skills training for state manufacturers, which is followed by health and social service providers. Financial match was recently lowered to a near one-to-one ratio, which requires employers to provide approximately 1 dollar for every public dollar provided. Partnership grants are awarded in amounts up to $400,000, with a "short form" application option available to grantees requesting $50,000 or less.
Illinois. The Illinois Department of Commerce and Economic Opportunity offers the Illinois Talent Pipeline program, which provides employer-based grant opportunities in the following categories: class-sized training, customized training, incumbent worker training, on-the-job training, and apprenticeship opportunities. These programs allow employers to upgrade the skills of their employees, remain current with technology and business practices, and provide new skills to new hires. The program continually expects to award 8 to 10 pilot projects of $250,000 to $500,000 each cycle, with up to 50 percent of eligible costs being reimbursable. Illinois has not offered additional funding for this program since the 2018 state fiscal year.
Iowa. Legislation passed in 2018 created the Future Ready Initiative, which connects individuals to the education and training needed to obtain careers and jobs at a livable wage. The initiative offers opportunities for adult learners, high school students, teachers, counselors, and employers. As part of this initiative, the Employer Innovation Fund provides a grant opportunity for employers to carry out creative solutions to address local workforce needs. Program offerings include certifications, trainings, funding for mobile construction labs, and other offerings. The maximum grant award is $50,000 and a one-to-one match ratio is required. In addition, projects must be completed within a 12-month period.
Michigan. The Michigan Industry Cluster Approach strategy focuses on the following industry clusters: agriculture, construction, energy, healthcare, information technology, manufacturing, mobility, hospitality, and outdoor recreation. Under the strategy, regional agencies work with employers to identify industry demand and vacancies to provide input on the design of educational program offerings, employment skills requirements, and the development of industry solutions. By partnering with regional cluster teams, the state’s cluster team can align services and programs with identified needs for workers and skills statewide. There are various programs under this strategy, including the Michigan Industry Cluster Approach 2.0 grant program, which focuses on helping the development and launch of employer-led collaboratives to provide funds for talent recruitments, customized training programs, transportation, financial planning education, and other purposes.
Summary of factual data and analytical methodologies
The rules of other public grant programs were reviewed as part of the process for developing this proposed rule. The Department also relied on its experience in administering the standard and expanded Wisconsin Fast Forward programs. No other data or analysis was needed.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis
The analysis is based upon the text of the proposed rule and s. 106.27, Stats. The Department posted the scope statement for the rule for 14 days to solicit comments on economic impact from the public and no comments were received. Effect on small business
The rule is not expected to have a significant economic effect on small businesses, as defined in s. 227.114 (1), Stats. The rule has no effect on small businesses, as so defined, that do not apply for workforce training grants. Any business that does apply for a grant will have to comply with the administration and reporting requirements of the rule. Agency contact person
Questions and comments related to this rule may be directed to:
John Roos, Office of Skills Development Director
Division of Employment & Training
Department of Workforce Development
P.O. Box 7972
Madison, WI 53707-7946Telephone: (608)-733-3918
Place where comments are to be submitted and deadline for submission
Mark Kunkel, Rules and Records Coordinator
Department of Workforce Development
P.O. Box 7946
Madison, WI 53707
The deadline for comments was August 29, 2022.
Text of Rule
Section 1. DWD 801.01 is amended to read:
DWD 801.01 Authority and purpose. This chapter is created to establish the rules that shall govern the administration and granting of funds for the training of unemployed and underemployed workers and incumbent employees in this state, as authorized under s. 106.27 (1), Stats. Section 2. DWD 801.02 is amended to read:
DWD 801.02 Applicability. This chapter applies to the department, to applicants for grants awarded by the department, and to public and private organizations that are awarded grants by the department, all in connection with workforce training grants applied for and awarded under s. 106.27 (1), Stats. Section 3. DWD 801.03 (1) and (2) are amended to read:
DWD 801.03 (1) "Administrative costs" means costs associated with implementing grant objectives and activities, such as the provision of office space, telephone service, and employees a grantee's general administration of a grant, such as office supplies and the wages and benefits of staff who perform functions related to the administration of the grant but who do not directly carry out the grant's objectives or activities.
(2) “Applicant" means a public or private organization that applies for a grant from the department for the development or implementation of a workforce training program project.
Section 4. DWD 801.03 (5) and (7) are repealed.
Section 5. DWD 801.03 (8) and (9) are amended to read:
DWD 801.03 (8) “Grant" means an agreement a contract between the department and the a grantee whereby the department provides funds from the appropriation under s. 20.445 (1) (b), Stats., for the purposes specified in s. 106.27 (2g) (1), Stats. (9) "Grantee" means a public or private organization or agency receiving a grant either directly or indirectly from the department, except that if a lead public or private organization serves as the applicant for a consortium of placement partners under s. DWD 801.05 (1) (c), "grantee" means the lead public or private organization and not the placement partners. Section 6. DWD 801.03 (10) is renumbered DWD 801.03 (10) (intro.) and, as renumbered, is amended to read:
DWD 801.03 (10) (intro.) “Grant Program Announcement” or “GPA” means a document that describes describing a grant program, invites that includes all of the following:
(a) Solicitation of applications for the grant, specifies grants that specifies who may apply, and establishes application procedures, criteria including requirements for demonstrating eligibility under s. DWD 801.04. (b) Criteria for awarding grants, and conditions.
(c) Conditions and restrictions that accompany grants, including any outcomes the grantee must achieve under the grant program and any matching funds required by the grantee under s. 106.27 (1) (intro.), Stats. Section 7. DWD 801.03 (12) and (13) are amended to read:
DWD 801.03 (12) "In-kind contributions" means the monetary value of noncash contributions provided by the a grantee or third parties which directly benefit and are specifically identifiable to the program project.
(13) “Incumbent employee" means an employee or worker individual who is currently employed by a qualified employer an applicant or placement partner.
Section 8. DWD 801.03 (14) is repealed.
Section 9. DWD 801.03 (15) and Note are amended to read:
DWD 801.03 (15) “O*Net" "O*NET" means a United States government system of classifying occupations. O*Net O*NET occupation codes are unique numbers assigned to each occupation. O*Net O*NET is used for career exploration, job analysis, and statistical analysis.
Section 10. DWD 801.03 (15g), (15r) and (17m) are created to read:
DWD 801.03 (15g) "Placement partner" means an employer, other than an applicant, that commits to hire unemployed and underemployed workers who successfully complete training or to provide incumbent employees who successfully complete training with full-time employment, higher-level employment, or wage increases when the project is complete.
(15r) "Pre-existing training program" means an employment training program that an applicant or placement partner has previously conducted to increase trainees' or workers’ skills to better match the applicant's or placement partner's needs. "Pre-existing training program" does not include a pilot program conducted to evaluate feasibility.
(17m) "Project" means the development or implementation of a workforce training program that an applicant proposes to conduct under a grant.
Section 11. DWD 801.03 (18) is renumbered DWD 801.03 (18) (intro.) and, as renumbered, is amended to read:
DWD 801.03 (18) (intro.) "Public agency" "Public organization" means any governmental of the following:
(a) A state or local agency, department, committee, council, or public body created by constitution, statute, ordinance, or rule, including but not limited to a county, city, village, town, school district, or technical college district, or district board, and an agency of the state government or a.
(b) A formally constituted subunit of any of these entities an entity specified in par. (a).
Section 12. DWD 801.03 (18) (c) is created to read:
DWD 801.03 (18) (c) A tribal governing body of a federally recognized tribe or band of Indians or an organization appointed by the tribal governing body.
Section 13. DWD 801.03 (20) is repealed.
Section 14. DWD 801.03 (20m) is created to read:
DWD 801.03 (20m) "Trainee" means an individual receiving workforce training in a project conducted under a grant.
Section 15. DWD 801.03 (21) and (22) are amended to read:
DWD 801.03 (21) "Underemployed worker" means an employee or worker individual who is currently employed but not in a capacity that reflects does not reflect the skills and experience of the employee or worker individual and that is reflected in less than desirable terms of compensation, hours, or responsibility.
(22) “Unemployed worker" means an individual who is currently out of work and is available for work. “Unemployed worker" includes a secondary education student in a workforce training program when project for which the employer confirms an intent to hire students who successfully complete the program project. “Unemployed worker" does not include an individual who is not working but anticipates being called back to his or her regular employment.
Section 16. DWD 801.04 (title) is repealed and recreated to read:
DWD 801.04 (title) Eligibility.
