1. (1) Definitions. In this section the following terms shall have the designated meanings:

   1. (b) “Course of instruction” means any series of classroom or shop courses that have a unified purpose and lead to a diploma or degree or to an occupational or vocational objective.
   2. (c) “Earned income” means all anticipated monthly and academic year take-home earnings from employment, including armed forces reserve and national guard pay and work-study pay, after all payroll deductions of the veteran and the veteran’s spouse, except payroll deductions for savings plans and payment of debts.
   3. (d) “FAO” means a school’s financial aid officer.
   4. (e) “Grant period” means one year from the date the department receives the application or until the anticipated completion date of the applicant’s approved retraining program, whichever is earlier.
   5. (em) “ Liquid assets” means cash on hand, including cash in a checking, savings, money market, or other similar account owned individually or jointly by the applicant and the applicant’s spouse.

   6. (f) “Underemployed” means the status of a veteran whose annual income from employment does not exceed the federal poverty guidelines, as established by the department of health and human services, for the veteran’s family size. The department shall adjust the guidelines on July 1 of each year to reflect the most recent federal poverty guidelines.

      Note: The department will use 200 percent of the federal poverty guidelines. This definition will be revised in the next rule revision.

   7. (g) “Unearned income” means income that is not earned through employment.
   8. (h) “Unusual expenses” means monthly or academic year payments that a veteran will be required to make on medical and dental expenses or alimony being paid under a final judgment or decree of divorce.

2. (2) Limitations.

   1. (b) Amount of grant.

      1. 1. An applicant who qualifies for a retraining grant under the provisions of this section and s. 45.21, Stats., is entitled to a grant equal to their need during the grant period or the statutory maximum grant, whichever is less.
      2. 2. Except as provided in par. (h), need shall be determined by deducting 75 percent of earned income and all unearned income to be received by the applicant during the grant period, available liquid assets in excess of $2,400 plus 6 months’ living expenses computed as set forth in s. VA 2.04 held by the applicant at the time of application and all other financial aid that will be received by the applicant during the grant period from the amount needed during the grant period.
      3. 3. The amount needed will be the sum of the amount shown on the standard student budget described in s. VA 2.04 for the appropriate time period and for the appropriate number of the applicant’s family members plus any unusual expenses reported by the applicant.
   2. (d) Completion date. The anticipated completion date of a course of instruction or a structured on-the-job training program may not be more than 2 years from the date the application is received by the department.
   3. (f) Qualifying prior employment. The veteran shall demonstrate a work history of at least 6 consecutive months of employment with one employer or in the same or similar occupations. Loss of that employment or a reduction in earnings may not be caused by the voluntary actions of the veteran.

   4. (g) Grant payments.

      1. 1. The department may make partial grant payments to assure that the veteran continues to pursue an approved course of instruction or engage in an approved structured on-the-job training program during the grant period.
      2. 2. The department may require written verification from the school or the employer that the veteran is making satisfactory progress toward the completion of the course of instruction or the structured on-the-job training program.
      3. 3. If the veteran is unable to verify satisfactory progress toward the completion or discontinues pursuit of the course of education or engagement in the structured on-the-job training program, the department may cancel any unpaid portion of the grant.
   5. (h) Earned income. Income from an employer who is providing an approved structured on-the-job training program to the veteran shall be disregarded in determining the veteran’s need under par. (b).
   6. (i) Grant limit. The maximum grant payable under this section for each grant period is $3,000.
   7. (k) Other available financial assistance. The department may not provide a grant payment under this section if other financial assistance is available to meet the veteran’s needs.

3. (3) Grant application.

   1. (a) Required information. A grant application for retraining funds shall include documentation verifying the applicant has become unemployed, become underemployed, or received a notice of termination of employment.

   2. (b) Procedure for a school-based course.

      1. 1. An application shall be initiated by the FAO, county or tribal veterans service officer, or other appropriate official representing the school attended by the applicant.
      2. 2. The application shall include verification that the applicant has received counseling from an assessment counselor and the counselor approves of the retraining to be taken.

   3. (c) Procedure for structured on-the-job training program.

      1. 1. The application shall be initiated, completed, and submitted by the office of a county or tribal veterans service officer.
      2. 2. Each application shall contain a certification by the employer that the requirements of sub. (5) are met.
      3. 3. The department shall evaluate the program and determine whether the requirements of sub. (5) are met.

4. (5) On-the-job training programs. All of the following requirements shall be met for approval of a grant for engagement in a structured on-the-job training program:

   1. (a) The employer is planning, upon completion of the veteran’s training program, to employ the veteran for the position for which the veteran has been trained and the employer reasonably expects that such a position will be available to the veteran on a stable and permanent basis at the end of the training period.
   2. (b) The training program is not for employment that consists of seasonal, intermittent, or temporary jobs.
   3. (c) The training content of the program is adequate to accomplish the training objective of the program taking into account the occupation for which training is to be provided and the content of comparable, available training opportunities that lead to the occupation.
   4. (d) The wages and benefits to be paid to the veteran participating in the training program may not be less than the wages and benefits normally paid to other employees participating in a comparable training program.
   5. (e) The employment of a veteran under the program may not result in the full or partial displacement of currently employed workers.
   6. (f) The employment of a veteran under this program may not be in a job while any other individual is on layoff from the same or substantially equivalent job or the opening that was created as a result of having terminated the employment of any regular employee or otherwise having reduced the workforce with the intention of hiring a veteran under this program.
   7. (g) The employer may not employ in this program a veteran who is already qualified by training or experience for the job for which training is to be provided.
   8. (h) The employer shall consider the veteran’s prior applicable training and may shorten the training program accordingly.
   9. (i) Each participating veteran shall be employed full-time in the program of job training.
   10. (j) The training period under the proposed program may not be longer or shorter than the training period that employers in the community customarily require new employees to complete in order to become competent in the occupation for which training is to be provided.
   11. (k) The training establishment or place of employment shall have adequate space, equipment, instructional material, and instructor personnel as needed to accomplish the training objective.
   12. (L) The employer shall keep records adequate to show the progress made by each veteran participating in the program and otherwise to demonstrate compliance with the requirements of the program for at least 3 years. The employer shall make these records and accounts available for examination by the department as may be required.

History

History: Cr. Register, January, 1990, No. 409, eff. 2-1-90; am. (1) (d), (2) (e) and (3) (a), Register, June 1992, No. 438, eff. 7-1-92; r. (1) (f), am. (2) (b) (3) (a), cr. (2) (f), (4), Register, August, 1993, No. 452, eff. 9-1-93; cr. (1) (f), am. (2) (f) and (3) (a), Register, January, 1996, No. 481, eff. 2-1-96; am. (1) (e), (2) (b), (d), (3) (a) and (b), r. (2) (a) and (c), cr. (2) (g), (h), (3) (c), and (5), Register, July, 1998, No. 511, eff. 8-1-98; CR 05-091: am. (2) (g), cr. (2) (i) to (k) Register January 2006 No. 601, eff. 2-1-06; corrections in (4) made under s. 13.92 (4) (b) 6., Stats., Register October 2009 No. 646; 2013; Wis. Act 189: am. (1) (b) to (d), (g), (h), (2) (b) Register April 2013 No. 700, eff. 5-1-14; CR 21-012: am. (1) (intro.), (d), (g), renum. (2) (b) to (2) (b) 1. and am., am. (2) (e), renum. (2) (g) to (2) (g) 1. and am., am. (2) (k), renum. (3) (a), (b), (c), (4) to (3) (a) (intro.), (b) 1., (c) 1., (4) (a) and am., am. (5) (b) to (L) Register September 2021 No. 789, eff. 10-1-21; CR 25-011: renum. (1) (a) to (1) (em) and am., am. (1) (e), (g), (2) (b) 1., 3., r. (2) (e), am. (2) (g) 2., 3., r. (2) (j), cons. (3) (a) (intro.) and 2. and renum. to (3) (a) and am., r. (3) (a) 1., 3., am. (3) (b) 1., (c) 1., r. (4), am. (5) (f) Register September 2025 No. 837, eff. 10-1-25; correction in (1) (em) made under s. 35.17, Stats., Register September 2025 No. 837.