Learnfare

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 the child 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 the child 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 the child 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.