DCF 101.23 HistoryHistory: Cr. Register, October, 1997, No. 502, eff. 11-1-97; CR 04-123: r. and recr. Register July 2005 No. 595, eff. 8-1-05; corrections in (5) (a) 1., (b) (intro.) and (6) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-091: am. (3) (a), (6) Register July 2022 No. 799, eff. 8-1-22. DCF 101.25(1)(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. DCF 101.25(2)(b)(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. DCF 101.25(3)(a)(a) “Ceased to attend” means that the child has 20 consecutive full school days of unexcused absences. DCF 101.25(3)(c)(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. DCF 101.25(3)(d)(d) “Enrolled” means a child is officially registered to attend school. DCF 101.25(3)(e)(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. DCF 101.25 NoteNote: “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.” DCF 101.25(3)(g)(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. DCF 101.25(3)(i)(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. DCF 101.25(3)(j)(j) “Minor parent” means a child who is the parent of a dependent child. DCF 101.25(3)(k)(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. DCF 101.25(3)(n)(n) “School attendance requirement” means the child is enrolled in school or was enrolled in the immediately preceding semester. DCF 101.25(3)(o)(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. DCF 101.25(3)(p)(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. DCF 101.25(4)(a)(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. DCF 101.25(4)(b)(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. DCF 101.25(4)(c)(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. DCF 101.25(4)(d)(d) Minor parents, dropouts, returning dropouts, and habitual truants shall participate in case management under sub. (8). DCF 101.25(5)(a)(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). DCF 101.25(5)(b)(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. DCF 101.25(5)(c)(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. DCF 101.25(5)(d)(d) The W-2 agency shall use the enrollment and attendance information provided by a school to verify enrollment and attendance for a child. DCF 101.25(5)(e)(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. DCF 101.25(5)(f)(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. DCF 101.25(5)(g)(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. DCF 101.25 NoteNote: See DCF 101.11, relating to verification.
DCF 101.25(6)(a)(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. DCF 101.25(6)(b)(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. DCF 101.25(6)(c)(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. DCF 101.25(7)(a)(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: DCF 101.25(7)(a)1.1. The minor parent is the caretaker of a child who is less than 45 days old. DCF 101.25(7)(a)2.2. 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. DCF 101.25(7)(a)3.3. 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. DCF 101.25(7)(a)4.4. 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. DCF 101.25(7)(a)5.5. Transportation to and from child care is necessary for the minor parent’s child and there is no public or private transportation available. DCF 101.25(7)(a)7.7. 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. DCF 101.25(7)(a)8.8. 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: DCF 101.25(7)(a)8.a.a. There is no public or private school within reasonable travel time or distance which will accept the child. DCF 101.25(7)(a)8.c.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. DCF 101.25(7)(a)9.9. The child failed to enroll in school for one or more of the reasons in this subdivision: DCF 101.25(7)(a)9.a.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. DCF 101.25(7)(a)9.c.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. DCF 101.25(7)(b)(b) Additional exemption reasons may be defined by the department through the review of agency decision process under s. 49.152, Stats. DCF 101.25(8)(a)(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. DCF 101.25(8)(b)(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. DCF 101.25(8)(c)(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. DCF 101.25(8)(d)1.1. 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. DCF 101.25(8)(d)2.2. 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. DCF 101.25(8)(d)3.3. 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. DCF 101.25(8)(d)4.4. 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. DCF 101.25(8)(d)5.5. 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. DCF 101.25(9)(a)1.1. 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). DCF 101.25(9)(a)2.2. No financial penalty may be imposed under any of the following circumstances: DCF 101.25(9)(a)2.a.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). DCF 101.25(9)(a)2.b.b. The child or the child’s 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. DCF 101.25(9)(b)(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 the child continues to do so or until an exemption reason under sub. (7) or a good cause reason under sub. (10) is verified. DCF 101.25(10)(10) Good cause for not participating in case management. DCF 101.25(10)(a)(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. DCF 101.25(10)(b)(b) Good cause for failing to participate in learnfare case management shall be any of the following circumstances: DCF 101.25(10)(b)1.1. Child care is needed for the child to participate in case management, but child care is not available. DCF 101.25(10)(b)2.2. Transportation is needed to and from child care for the minor parent’s child, but neither public nor private transportation is available. DCF 101.25(10)(b)3.3. Court-required appearance, including required court appearances for a victim of domestic abuse, or temporary incarceration. DCF 101.25(10)(b)7.7. 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.
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Chs. DCF 101-199; Family and Economic Security
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administrativecode/DCF 101.25(4)(e)
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