Page 18

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. DCF 101.25 WISCONSIN ADMINISTRATIVE CODE 18 lished 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 un- der 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 transporta- tion 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 attend- ing school and an expulsion under s. 120.13 (1), Stats., is pend- ing. 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 an- other 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 fam- ily” 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 pro- gram 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 de- partment through the review of agency decision process under s. 49.152, Stats. (8) LEARNFARE CASE MANAGEMENT. (a) When a child fails to meet the school attendance requirements or when a child is de- termined to be a minor parent, dropout, returning dropout, or ha- bitual 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 resched- ule 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 con- tact 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 as- sessment 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 atten- dance 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 par- ent’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 meet- ing, 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 avail- able at a time that does not interfere with the parent’s work sched- ule. If the parent’s participation is required, the parent shall par- ticipate along with the child in the special services activities. 5. The child or the child’s parent, or both, shall engage in ac- tivities identified by the W-2 agency in the learnfare case man- agement plan as necessary to maintain school enrollment or im- prove 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 exemp- tion reason under sub. (7), or who fails to participate in case man- agement 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 fol- lowing 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 manage- ment under sub. (8). 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. (b) The W-2 group of a child who fails to meet the school at- tendance requirement under sub. (4) without an exemption reason under sub. (7), or who fails to participate in case management un- der sub. (8) without good cause under sub. (10) and continues to fail to meet the school attendance requirement, may have a finan- cial penalty imposed under sub. (11) as long as the child contin- ues 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 MAN- AGEMENT. (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 writ- ten documentation that good cause existed. If the child or the child’s parent does not have the power to produce documentation Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register May 2026 No. 845