16.2.1 Children Subject to School Enrollment

A child is required to be enrolled in and attend school if they:

1. Are in a W-2 GroupAn adult custodial parent, all dependent children with respect to whom the individual is a legal custodial parent and all minor children with respect to whom the adult individual’s dependent child is a custodial parent. W-2 Group includes any non-marital co-parent or any spouse of the individual who resides in the same household as the individual and any minor children with respect to whom the spouse or non-marital co-parent is a custodial parent. W-2 Group does not include any person who is receiving cash benefits under a county relief block grant program. This is also referred to as the W-2 Assistance Group (W-2 AG) whose parent is placed in a CSJCSJCommunity Service Job, TMPTMPCustodial Parent Trial Employment Match Program, or W-2 TW-2 TW-2 Transition;
2. Are age 6 through 17 (beginning on the first day of the fall school term), including a Minor ParentA custodial parent under the age of 18. For Learnfare, a minor parent is either a custodial or a noncustodial parent under the age of 18. who is part of the W-2 Group;
3. Have not graduated from high school or obtained a HSED/GED; and
4. Reside with their natural or adoptive parent.

A child is exempt from the school enrollment and attendance requirement if:

1. They are excused from attending school under s. 118.15 (3), Wis. Stats;
2. They are the caretaker of a child who is less than 45 days old, child care is not available at school, and home instruction is not available;
3. Child care is needed for the minor parent to attend school but child care or transportation to and from child care is not available;
4. They are prohibited from attending school while an expulsion is pending;
5. They were expelled from school and there is no other school available because:
   1. There is no public or private school within reasonable travel time or distance which will accept the child;
   2. There is no private or public transportation available to another school; or
   3. 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.
6. A physician has determined that the child should delay their return to school after giving birth;
7. They are on the waiting list for a children-at-risk program and no openings are available;
8. The child or a family member is ill, injured, or incapacitated (“Family member” means their spouse, dependent child, or parent who lives with them);
9. They are temporarily incarcerated; or
10. Circumstances beyond their control make them unable to be enrolled in and attend school.

Additional exemption reasons may be determined by the W-2 agency or justified through the Fact Finding Review.

A child exempt from the school enrollment and attendance requirement is still required to participate in Learnfare case management if they are in one of the target groups. (See 16.3.1)