Section 101.25. Learnfare.

 

(1)   Authority and purpose. This section is adopted under the authority of ss. 49.26 (1) (gm) 2. and (h) 1. , Stats., to provide rules for the administration of learnfare, a program that requires that all children ages 6 to 17 whose custodial parent is a participant in a W-2 employment position, who are parents or who are residing with a natural or adoptive parent and who have not graduated from high school or received a high school equivalency diploma meet the school attendance requirements and that minor parents, dropouts, returning dropouts and habitual truants participate in case management to meet Wisconsin works participation requirements.

(2)   Applicability. This section applies to:

(a) All school districts and all W-2 agencies.

(b) All children ages 6 to 17 included in a W-2 group who are parents or who are residing with a natural or adoptive parent and all W-2 groups which include a child who is a parent or who is residing with a natural or adoptive parent.

(3)   Definitions. In this section:

(a) "Ceased to attend" means that the child has 20 consecutive full school days of unexcused absences.

(b) "Child" means a person who is 6 to 17 years old.

(c) "Dropout" means a child who has ceased to attend school, has not graduated from high school or received a high school equivalency diploma and does not have an acceptable excuse under s. 118.15 (1) (b) to (d) or (3) , Stats.

(d) "Enrolled" means a child is officially registered to attend school.

(e) "Excused absence" means that the reason for the absence meets the school district's definition of a valid reason for the child not to attend school.

(f) "Habitual truant" has the meaning given in s. 118.16 (1) (a) , Stats.

(g) "High school equivalency diploma" means a certificate of educational achievement issued under s. 115.29 (4) , Stats., and ch. PI 5 following completion of a course of study.

(h) "Learnfare" means the program established under s. 49.26 , Stats., and this section.

(i) "Learnfare case management" means intervention for the purpose of assessing family needs, incorporating a plan to maintain school enrollment and further school attendance into the learnfare case management plan and assisting in the implementation of the plan for the purpose of maintaining school enrollment and furthering regular school attendance and career preparation by the child.

(j) "Minor parent" means a child who is the parent of a dependent child.

(k) "Returning dropout" means a child who was a dropout and reenrolled in school in the same semester in which the child dropped out of school or the immediately succeeding semester.

(L) "School" has the meaning prescribed in s. 49.26 (1) (a) 2. , Stats.

(m) "School attendance officer" has the meaning prescribed in s. 118.16 (1) (b) , Stats.

(n) "School attendance requirement" means the child is enrolled in school or was enrolled in the immediately preceding semester.

(o) "School district" means the territorial unit for school administration as specified in s. 115.01 (3) , Stats. and includes a nonresident school district approved under s. 118.51 , Stats.

(p) "Unexcused absence" means that the reason for the absence does not meet the school district's definition of a valid reason for the child not to attend school.

(4)   Participation in learnfare.

(a) A child shall meet the school attendance requirement except that a child who has graduated from high school or received a high school equivalency diploma is exempt from the school attendance requirement under this section.

(b) A child who is required to participate in learnfare under this section shall be considered to have failed to have met the school attendance requirement if the child is not enrolled in school or was not enrolled in the immediately preceding semester.

(c) The child or the W-2 participant shall cooperate in providing information needed to verify enrollment information or exemption reasons under sub. (7) . If neither the child nor the W-2 participant cooperates, the W-2 participant shall be ineligible for a W-2 employment position.

(d) Minor parents, dropouts, returning dropouts, and habitual truants shall participate in case management under sub. (8) .

(e) The dropout or the W-2 participant shall notify the agency of the dropout's nonattendance at school in compliance with s. DCF 101.09 (2) (m) .

(5)   Agency responsibilities.

(a) The W-2 agency shall review enrollment and attendance information at all initial eligibility determinations and at all reviews under s. DCF 101.16 (2) to (4) .

(b) The W-2 agency shall inform the W-2 employment position participant that the signature of the participant on the W-2 application constitutes permission for the release of school enrollment and attendance information by the school district.

(c) The W-2 agency shall request information from the school attendance officer in the child's school district about the child's enrollment and attendance in the school district's current or most recently completed semester of attendance.

(d) The W-2 agency shall use the enrollment and attendance information provided by a school to verify enrollment and attendance for a child.

(e) The W-2 agency shall review a child's claim that he or she is exempt under sub. (7) from the school attendance requirement, determine if a child is required to participate in case management under sub. (8) , and review a child's claim that he or she has a good cause reason under sub. (10) for not participating in case management.

(f) The W-2 agency shall administer child care, including applying the appropriate child care co-payment under s. 49.155 (5) , Stats., and transportation funds under s. 49.26 (1) (e) , Stats. Payment for the cost of transportation to and from the child care provider shall be in the amount equal to the cost of transportation by the most appropriate means as determined by the department or the W-2 agency.

(g) If the child or W-2 participant does not have the power to produce verification of enrollment or good cause for not participating in case management, or requires assistance to do so, the W-2 agency shall proceed immediately to seek the verification.

(6)   School district responsibilities.

(a) The school attendance officer shall provide information to the agency about the enrollment and attendance of a child who is enrolled in the public school in the school district within 5 working days after the date of receipt of the written request from the agency.

(b) The requirement under 20 USC 1232g and s. 118.125 (2) , Stats., that written consent be given for a school district to make available the enrollment and attendance records of a pupil shall be met in the case of a child in a W-2 group by the signature of the parent, guardian, caretaker or pupil on the W-2 application for initial eligibility or eligibility redetermination.

(c) The school district shall define how many hours of attendance count as a full and part day and shall provide that definition, upon request, to the agency.

(7)   Exemption reasons.

(a) A child who is required to meet the school attendance requirement to meet the learnfare participation requirements under s. 49.26 , Stats., shall comply except when exempt which shall be demonstrated by any of the following circumstances:

1. The minor parent is the caretaker of a child who is less than 45 days old.

2. The minor parent is the caretaker of a child who is 45 to 89 days old and the minor parent has a physician's excuse or, child care for the minor parent's child is required but there is no available on-site day care at the school and the school has no home instruction program.

3. The minor parent is the caretaker of a child who is 90 or more days old and the minor parent has a physician's excuse.

4. Child care services for the minor parent's child are necessary for the minor parent to attend school but child care licensed under s. 48.65 , Stats., certified under s. 48.651 , Stats., or established under s. 120.13 (14) , Stats., is not available. Child care shall be considered unavailable if there is no space available for the child in day care licensed under s. 48.65 , Stats., certified under s. 48.651 , Stats., or established under s. 120.13 (14) , Stats., within reasonable travel time and distance of the pupil's home.

5. Transportation to and from child care is necessary for the minor parent's child and there is no public or private transportation available.

6. The child is temporarily excused from school attendance by the school district under s. 118.15 (3) , Stats.

7. The child is prohibited by the school district from attending school and an expulsion under s. 120.13 (1) , Stats., is pending. This exemption no longer applies once the child has been formally expelled.

8. The child is unable to attend school because he or she was expelled under s. 120.13 (1) , Stats., and another school is not available for one of the following reasons:

a. There is no public or private school within reasonable travel time or distance which will accept the child.

b. There is no public or private transportation available to another school.

c. There is a public or private school which will accept the child but the tuition charge is prohibitive and the child's school district refuses to pay the tuition.

9. The child failed to enroll in school for one or more of the reasons in this subdivision:

a. Illness, injury or incapacity of the child or a member of the child's family. In this subparagraph, "member of the child's family" means a spouse, dependent child, or parent of the child who lives with the child.

b. Temporary incarceration.

c. The child is on the waiting list for a children-at-risk program under s. 118.153 , Stats., and a children-at-risk program that is appropriate for the child is not available.

d. Any other circumstance beyond the control of the child.

(b) Additional exemption reasons may be defined by the department through the review of agency decision process under s. DCF 101.22 .

(8)   Learnfare case management.

(a) When a child fails to meet the school attendance requirements or when a child is determined to be a minor parent, dropout, returning dropout, or habitual truant, the W-2 agency shall require the child to participate in case management.

(b) Upon referral or identification of a child for whom case management is required, the W-2 agency shall schedule an initial appointment with the child and the child's parent to conduct an assessment and complete a learnfare case management plan. The W-2 agency shall schedule the appointment at a time when the appointment will not interfere with the child's school schedule or the parent's work schedule. The W-2 agency shall send written notice of the appointment to the child and the child's parent at least 7 working days before the appointment date. The notice shall clearly state that if the child and the child's parent are unable to attend, the child or the child's parent shall contact the W-2 agency before the scheduled appointment date to reschedule the appointment.

(c) If the child and the child's parent fail to attend or reschedule the initial appointment, the W-2 agency shall send a second and last written notice. This notice shall ask the child or the child's parent to contact the W-2 agency within 5 working days and shall state that if the child or the child's parent does not contact the W-2 agency within 5 working days a financial penalty will be imposed.

(d) Case management requirements include the following:

1. The child and the child's parent shall participate in the assessment and the development of the learnfare case management plan and the parent shall sign the completed plan.

2. If the child is a dropout, the child or the child's parent shall provide verification of the child's return to school and attendance within 7 working days of the date that a school is available.

3. The child and the child's parent shall attend meetings scheduled by the W-2 agency. The W-2 agency shall schedule the meetings times when the meetings will not interfere with the parent's work schedule. The W-2 agency shall send written notice of a meeting to the child and the child's parent at least 7 working days before the scheduled meeting date. The notice shall clearly state that if the child and the child's parent are unable to attend, the child or the child's parent shall contact the W-2 agency before the scheduled meeting date to reschedule the meeting. If the child and the child's parent fail to attend or reschedule the meeting, the W-2 agency shall send a second and last written notice. This notice shall ask the child or the child's parent to contact the W-2 agency within 5 working days and shall state that if the child or the child's parent does not contact the W-2 agency within 5 working days a financial penalty will be imposed.

4. If the W-2 agency determines that the child needs special services, the W-2 agency shall make the special services available at a time that does not interfere with the parent's work schedule. If the parent's participation is required, the parent shall participate along with the child in the special services activities.

5. The child or the child's parent, or both, shall engage in activities identified by the W-2 agency in the learnfare case management plan as necessary to maintain school enrollment or improve school attendance.

(9)   Criteria for applying a financial penalty.

(a)

1. Except as provided under subd. 2. , a child who fails to meet the school attendance requirement under sub. (4) without an exemption reason under sub. (7) , or who fails to participate in case management under sub. (8) without good cause under sub. (10) and continues to fail to meet the school attendance requirement, may have a financial penalty imposed under sub. (11) .

2. No financial penalty may be imposed under any of the following circumstances:

a. The agency has not made case management available to a child who has failed to meet the school attendance requirement under sub. (4) or who is required to participate in case management under sub. (8) .

b. The child or his or her parent is unable to comply with the learnfare case management plan because a service identified is not available and no appropriate alternative service as determined by the W-2 agency is available.

(b) The W-2 group of a child who fails to meet the school attendance requirement under sub. (4) without an exemption reason under sub. (7) , or who fails to participate in case management under sub. (8) without good cause under sub. (10) and continues to fail to meet the school attendance requirement, may have a financial penalty imposed under sub. (11) as long as he or she continues to do so or until an exemption reason under sub. (7) or a good cause reason under sub. (10) is verified.

(10)   Good cause for not participating in case management.

(a) The W-2 agency shall determine if a child or the child's parent had good cause for failing to participate in learnfare case management. In making such a determination, the W-2 agency may require the child or the child's parent to provide written documentation that good cause existed. If the child or the child's parent does not have the power to produce documentation of good cause, or requires assistance to do so, the W-2 agency shall proceed immediately to seek the documentation.

(b) Good cause for failing to participate in learnfare case management shall be any of the following circumstances:

1. Child care is needed for the child to participate in case management, but child care is not available.

2. Transportation is needed to and from child care for the minor parent's child, but neither public nor private transportation is available.

3. Court-required appearance, including required court appearances for a victim of domestic abuse, or temporary incarceration.

4. Observance of a religious holiday.

5. Death of a relative.

6. Family emergency.

7. Illness, injury, or incapacity of the child or a family member living with the child. In this subdivision, "family member" means a spouse, child or parent.

8. Medical or dental appointment for the minor parent or the minor parent's child.

9. Breakdown in transportation.

10. A review decision under s. 49.152 , Stats., identifies circumstances that justify good cause.

11. Other circumstances beyond the control of the child or the child's parent, but only as determined by the W-2 agency.

(11)   Applying financial penalties.

(a) Notice. Upon determining that a financial penalty is proper under sub. (9) , the W-2 agency shall send written notice to the W-2 participant which specifies all of the following:

1. That the CSJ or transitional benefit will be reduced or that a financial penalty will be imposed on a trial job participant, in the amount of $50 per month per penalty not to exceed $150 per W-2 group per month, because the child has failed to meet the school attendance requirement or the child has failed to participate in learnfare case management and continues to fail to meet the school attendance requirement.

2. The child to whom the financial penalty applies.

3. How the W-2 participant can contact the school district for information regarding the children at risk program under s. 118.153 , Stats.

4. The child's or W-2 participant's right to request a review under par. (b) , and that if a review is requested within 10 days of the date of the notice, the penalty will not be imposed until after the fact finding review decision.

(b) Review of agency decision. The child or W-2 participant may request a review of an agency decision in accordance with s. 49.26 , Stats., and s. DCF 101.22 on the W-2 agency's determination that a financial penalty is proper under sub. (9) If a review is requested within 10 days of the date of the notice of financial penalty, the penalty shall not be imposed until after the fact finding review decision, unless the participant withdraws the petition in writing or abandons the petition.

(c) Effective period of financial penalty. A financial penalty shall be imposed each payment month until the child meets the school attendance requirement or participates in case management or an exemption reason under sub. (4) or a good cause reason under sub. (10) is verified.

Cr. Register, October, 1997, No. 502 , eff. 11-1-97; emerg. am. eff. 1-2-98; am. (1), (2) (b), (3)(a), (4) (a), (5) (a), (b), (d) and (f), (6) (a) and (b), (7) (a) (intro.) and 1. to 7.,8. (intro.), a. and c., 9. (intro.) a. and b., and (b), (9) (a) 2. (intro.), a. and b.; renum. (3) (b) to (f), (g), (j), (k), (L) and (n) to (3) (c), (e) to (h), (i), (L), (m), (o) and (p) and am., (3) (c), (e), (f) and (h), (4) (b) (intro.) to be (4) (b) and am., (3) (b) and (c) to (f) to be (3) (c) and (e) to (h) and am. (3) (c), (e), (f) and (h), (4) (f) to be (4) (c) and am., (4) (g) to be (4) (e) and am. (5) (c) 1. to be (5) (c) and am. (7) (a) 9. i. to be (7) (a) 9.d. and am., (10) (a), (b), (d) to be (11), (a), (b) and (c), r. (3) (i) and (m), (4) (b) 1. and 2., and (c) to (e), (5) (c) 2., (7) (a) 9. c. to h., (9) (a) 2.c., and (10) (c), (e) and (f); r. and recr. (8), (9) (a) 1. and (b), cr. (3) (b), (d), (j), (k) and (n), (4) (d), (5) (g), (7) (a) 9. c. and (10); Register, October, 1998, No. 514 , eff. 11-1-98; corrections in (1), (4) (e), (5) (a), (7) (b) and (11) (b) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 .

Note

"Habitual truant" is defined in s. 118.16 (1) (a) , Stats., as "a pupil who is absent from school without an acceptable excuse under sub. (4) and s. 118.15 for part or all of 5 or more days on which school is held during a school semester." Microsoft Windows NT 6.1.7601 Service Pack 1 See DCF 101.11, relating to verification. Microsoft Windows NT 6.1.7601 Service Pack 1