18. What are the school requirements for children (“Learnfare”)?
Unless you are disabled, your school age children under age 16 who are on the TAFDC grant must meet DTA’s school attendance requirements. If a child has too many unexcused absences, you will lose that child’s portion of the grant. This is called “Learnfare.” 106 C.M.R. § 703.170; Appendix E (DTA Online Guide); DTA Online Guide Transmittal 2022-93 (Restart of Learnfare) (Nov. 17, 2022).
For children in public school, DTA automatically gets school attendance data from the Department of Early and Secondary Education (DESE). For children in private schools or home-schooled, families need to get the school to fill out quarterly attendance reports.
DTA will send a “Learnfare Intervention” notice if your child has between 4-8 absences from school that are labeled as unexcused during the previous school quarter. A quarter is 45 school days. Your DTA case manager should contact you to help you explain reasons for the child’s absence and screen you for possible exemptions. See Appendix E (DTA Online Guide)
You will be put on “Learnfare Probation” if your child had more than eight unexcused absences during the previous school quarter.
- During probation, you have to submit a monthly report with your child’s school attendance for the previous month.
- If you do not submit the report on time, DTA will close your case. This may not be legal.
- If the child has more than three unexcused absences during any month in the probation period, you will lose the child’s share of the grant for that month.
- Probation continues for six months in a row or until the child has no more than ten unexcused absences in the previous six months, whichever is longer. See Appendix E (DTA Online Guide Links).
Advocacy Reminders
- Learnfare does not apply to your child if you are disabled. For disability, see Question 37.
- Learnfare does not apply to children who are not on the grant because they get SSI benefits or because of their noncitizen status.
- Is your child missing school because of a learning disability or other disability? You can get the absence marked as “excused.” See Question 19. You can also ask for a disability accommodation. See Questions 24-27.
- Is your child in a private, parochial school or home-school program? DTA may ask you to verify your child’s school and may close your case if you don’t respond. This may not be legal. For help, contact your local legal services program, Appendix D
- It may not be lawful for DTA to close your case if it doesn’t get the monthly probationary report on time. For help, contact your local legal services program, Appendix D.
- DTA cannot terminate the family grant even if the only child on the grant is under a Learnfare sanction. DTA Transitions, Aug. 2004, p. 3.
- A child is under the Learnfare requirement when they reach the mandatory school age in the September of the calendar year in which the child turns 6. Appendix E (DTA Online Guide Links). DTA should only apply the Learnfare rules and count absences after a child turns 6 years old or begins first grade, whichever happens later.
- DTA says children 16 or 17 must be in school full-time or register for the Pathways to Work Program (formerly the Employment Services Program). 106 C.M.R. § 707.000 (C). This may be illegal; contact info@masslegalservices.org if this is a problem for you. Also consider asking for an accommodation on the basis of disability or learning disability. See Questions 25, 26, and 27.