CHAPTER 47
VOCATIONAL REHABILITATION; SPECIALIZED PROGRAMS FOR
HANDICAPPED PERSONS
47.02 Vocational rehabilitation.
47.03 Specialized programs for handicapped persons.
47.035 Fiscal agents for handicapped persons.
47.04 Contractual services.
47.01
47.01
Definitions. In this chapter:
47.01(1)
(1) "Blind" means central visual acuity that does not exceed 20/200 in the better eye with correcting lenses or a visual field that subtends an angle no greater than 20 degrees.
47.01(1m)
(1m) "Department" means the department of industry, labor and job development.
47.01 Note
NOTE: 1995 Wis. Act 289, s.
275 authorizes the department of industry, labor and job development to use the name "department of workforce development" for any official purpose.
47.01(2)
(2) "Employability" means that the provision of vocational rehabilitation services is likely to enable an individual to obtain or retain employment consistent with his or her capacities and abilities in the competitive labor market, the practice of a profession, self-employment, homemaking, farm or family work, sheltered employment, home-based employment or other gainful work.
47.01(3)
(3) "Handicapped person" means any person who has a physical or mental disability which constitutes or results in a substantial handicap to employment and who can reasonably be expected to benefit in terms of employability from the provision of vocational rehabilitation services.
47.01(4)
(4) "Severely handicapped person" means any handicapped person who has a severe disability which seriously limits one or more functional capacities, including mobility, communication, self-care, self-direction, work tolerance, or work skills, in terms of employability, whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time and who has one or more physical or mental disabilities determined on the basis of an evaluation of rehabilitation potential to cause comparable substantial functional limitation.
47.01(5)
(5) "Visually impaired" means a loss of vision that can reasonably be expected to lead to blindness or a loss of vision that represents a handicap to employment or other major life activities.
47.01(6)
(6) "Vocational rehabilitation" means assisting a handicapped person to become capable of competing in the labor market, practicing a profession, being self-employed, raising a family and making a home, participating in sheltered employment or other gainful work.
47.02
47.02
Vocational rehabilitation. 47.02(1)
(1) 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.
47.02(1m)
(1m) The department may cooperate with the federal government in carrying out federal acts concerning vocational rehabilitation.
47.02(2)
(2) This section only applies to handicapped and severely handicapped persons except that each person has a right to be evaluated by the department to determine whether the person is a handicapped person.
47.02(3)(a)1.1. Advise and assist any handicapped person who applies to the department concerning his or her rehabilitation.
47.02(3)(a)2.
2. Provide full and prompt consultation with, and preliminary diagnostic study for, each person who applies for vocational rehabilitation services to determine if a vocational rehabilitation plan is feasible.
47.02(3)(a)3.
3. Acquaint each person for whom a vocational rehabilitation program is feasible with the vocational rehabilitation services available under this chapter, counsel the person concerning selection of a suitable vocation, assist the person in identifying vocational needs and provide the services necessary for vocational rehabilitation.
47.02(3)(a)4.
4. Register and keep records for each handicapped person who uses the vocational rehabilitation services provided under this chapter.
47.02(3)(b)
(b) Promote the establishment of local resources for the vocational rehabilitation of handicapped persons.
47.02(3)(c)
(c) Provide assessment and evaluation services appropriate to each individual, develop an individualized written rehabilitation program with each handicapped person and develop and supervise services that are part of any handicapped person's vocational rehabilitation program.
47.02(3)(d)
(d) Aid handicapped persons in securing the services needed to make them more employable, place handicapped persons in suitable occupations and provide postemployment services, as defined in the handicapped person's rehabilitation program developed under
par. (c), necessary to maintain employment.
47.02(3)(e)
(e) Provide medical or other evaluations at no cost to the applicant to determine the applicant's eligibility for vocational rehabilitation services under this chapter.
47.02(3)(f)
(f) Make vocational rehabilitation services under this chapter available in every county to all handicapped persons who are present in the state, regardless of residency.
47.02(3)(h)
(h) Provide that severely handicapped persons will receive priority for services under this chapter.
47.02(3)(i)
(i) Consider the views of persons who receive vocational rehabilitation services or their parents, guardians or legal custodians and of vocational rehabilitation professionals and providers of vocational rehabilitation services concerning general policy administration of the department's vocational rehabilitation program.
47.02(3)(j)
(j) Except as provided in
par. (o), determine the financial need of handicapped persons based upon a uniform fee schedule as provided under
s. 46.03 (18) for the provision or purchase of vocational rehabilitation services specified in the person's rehabilitation program developed under
par. (c).
47.02(3)(k)
(k) Provide vocational rehabilitation services to blind and visually impaired persons, appropriate to each individual.
47.02(3)(L)
(L) Maintain current records and statistics on all blind and visually impaired persons in the state concerning vocational rehabilitation, rehabilitation teaching and other departmental services provided and the results achieved in order to plan its services to blind and visually impaired persons.
47.02(3)(m)
(m) Maintain a cooperative relationship with counties to assist in administering and providing uniform services to blind and visually impaired persons throughout the state, to prevent duplication of effort and to ensure that blind and visually impaired persons receive adequate services.
47.02(3)(n)
(n) Assure that eligibility for vocational rehabilitation services under this chapter is determined without regard to sex, race, age, creed, color, or national origin of the individual applying for services, that no class of individuals is found ineligible solely on the basis of type of disability and that no age limitations for eligibility exist which, by themselves, would result in ineligibility for vocational rehabilitation services.
47.02(3)(o)
(o) Assure that no financial needs test is applied as a condition for the provision of counseling, guidance, referral and job placement services. Those services shall be provided at no cost to persons determined eligible for services under this chapter.
47.02(4)(a)
(a) From the appropriation under
s. 20.445 (5) (bm), provide financial aid to any handicapped person who is receiving vocational rehabilitation training and who has no other source of aid.
47.02(4)(b)
(b) Accept gifts, grants and donations to be used for the purposes of this chapter. The department shall deposit all moneys received under this paragraph in the appropriation under
s. 20.445 (5) (i).
47.02(4)(c)
(c) Provide personal assistance services to any handicapped person through county departments of human services or social services under
s. 46.215,
46.22 or
46.23, aging units as defined in
s. 46.82 (1) (a) or other persons.
47.02(5)
(5) Any person aggrieved by a determination of eligibility or ineligibility for vocational rehabilitation services or by the furnishing or denial of vocational rehabilitation services may commence an appeal as provided under rules promulgated by the department.
47.02(7)(a)(a) Except as provided in
par. (b), no person may disclose any information concerning any person who applies for or receives vocational rehabilitation services without the consent of the person except when necessary for the administration of this chapter or to carry out a person's rehabilitation plan developed pursuant to this chapter. The department shall promulgate rules to administer this subsection.
47.02(7)(b)1.1. Paragraph (a) does not prohibit disclosing information of a summary or statistical nature.
47.02(7)(b)2.
2. Any person who has applied for or received vocational rehabilitation services may obtain access to his or her records under rules promulgated by the department.
47.02(7)(c)
(c) Any person who violates this subsection or a rule promulgated under this subsection shall be fined not more than $500 or imprisoned not more than 6 months or both.
47.03
47.03
Specialized programs for handicapped persons. 47.03(2)(2) The department may accept gifts, grants and donations to be used for the purposes of this section. The department shall deposit all moneys received as gifts, grants and donations in the appropriation under
s. 20.445 (5) (i).
47.03(3)(a)(a) No person may advertise any product as being blind-made or sell or distribute any product that is advertised as being blind-made unless at least 75% of the labor involved in creating the product was performed by blind or visually impaired persons. Work involving the preparation, processing, assembling or packing of a product shall be included in calculating the total labor involved in creating the product, while work involving supervision, administration, inspection, shipping or the production of materials from which a finished product is created shall be excluded from the calculation.
