SB350, s. 86
13Section
86. 49.155 (1) (am) of the statutes is amended to read:
SB350,31,1514
49.155
(1) (am) "Level I certified family
day child care provider" means a
day 15child care provider certified under s. 48.651 (1) (a).
SB350, s. 87
16Section
87. 49.155 (1) (b) of the statutes is amended to read:
SB350,31,1817
49.155
(1) (b) "Level II certified family
day child care provider" means a
day 18child care provider certified under s. 48.651 (1) (b).
SB350, s. 88
19Section
88. 49.155 (1d) (a) of the statutes is amended to read:
SB350,32,920
49.155
(1d) (a) The department shall promulgate rules establishing standards
21for the certification of child care providers under s. 48.651. The department shall
22consult with the child abuse and neglect prevention board before promulgating those
23rules. In establishing the requirements for certification under this paragraph of a
24child care provider, the department shall include a requirement that all providers
25and all employees and volunteers of a provider who provide care and supervision for
1children receive, before the date on which the provider is certified or the employment
2or volunteer work commences, whichever is applicable, training in the most current
3medically accepted methods of preventing sudden infant death syndrome, if the
4provider, employee, or volunteer provides care and supervision for children under
5one year of age, and the training relating to shaken baby syndrome and impacted
6babies required under s. 253.15 (4), if the provider, employee, or volunteer provides
7care and supervision for children under 5 years of age. In establishing the
8requirements for certification as a Level II certified family
day child care provider,
9the department may not include any other requirement for training for providers.
SB350, s. 89
10Section
89. 49.155 (1d) (b) of the statutes is amended to read:
SB350,32,1911
49.155
(1d) (b) The department shall promulgate rules to establish quality of
12care standards for child care providers that are higher than the quality of care
13standards required for licensure under s. 48.65 or for certification under s. 48.651.
14The standards established by rules promulgated under this paragraph shall consist
15of the standards provided for the accreditation of
day
child care centers by the
16national association for the education of young children National Association for the
17Education of Young Children or any other comparable standards that the
18department may establish, including standards regarding the turnover of child care
19provider staff and the training and benefits provided for child care provider staff.
SB350,32,2322
49.155
(1g) (a) 2. Grants under s. 49.134 (2) for child
day care resource and
23referral services, in the amount of at least $1,225,000 per fiscal year.
SB350, s. 91
24Section
91. 49.155 (4) of the statutes is amended to read:
SB350,33,5
149.155
(4) Choice of provider. An eligible individual shall choose whether the
2child care will be provided by a
day child care center licensed under s. 48.65, a Level
3I certified family
day child care provider, a Level II certified family
day child care
4provider
, or a
day child care program provided or contracted for by a school board
5under s. 120.13 (14).
SB350, s. 92
6Section
92. 49.155 (6) (b) of the statutes is amended to read:
SB350,33,117
49.155
(6) (b) Subject to review and approval by the department, each county
8shall set a maximum reimbursement rate for Level I certified family
day child care
9providers for services provided to eligible individuals under this section. The
10maximum rate set under this paragraph may not exceed 75% of the rate established
11under par. (a).
SB350, s. 93
12Section
93. 49.155 (6) (c) of the statutes is amended to read:
SB350,33,1713
49.155
(6) (c) Subject to review and approval by the department, each county
14shall set a maximum reimbursement rate for Level II certified family
day child care
15providers for services provided to eligible individuals under this section. The
16maximum rate set under this paragraph may not exceed 50% of the rate established
17under par. (a).
SB350, s. 94
18Section
94. 49.155 (6) (cm) of the statutes is amended to read:
SB350,33,2119
49.155
(6) (cm) The department shall modify child care provider
20reimbursement rates established under pars. (a) to (c) so that reimbursement rates
21are lower for providers of after-school
day child care.
SB350, s. 95
22Section
95. 66.1017 (title) of the statutes is amended to read:
SB350,33,23
2366.1017 (title)
Family day child care homes.
SB350,34,3
166.1017
(1) (a) "Family
day child care home" means a dwelling licensed as a
day 2child care center by the department of children and families under s. 48.65 where
3care is provided for not more than 8 children.
SB350, s. 97
4Section
97. 66.1017 (2) of the statutes is amended to read:
SB350,34,115
66.1017
(2) No municipality may prevent a family
day child care home from
6being located in a zoned district in which a single-family residence is a permitted
7use. No municipality may establish standards or requirements for family
day child 8care homes
that are different from the licensing standards established under s.
948.65. This subsection does not prevent a municipality from applying to a family
day 10child care home the zoning regulations applicable to other dwellings in the zoning
11district in which it is located.
SB350, s. 98
12Section
98. 71.07 (2dd) (a) 1. of the statutes is amended to read:
SB350,34,1613
71.07
(2dd) (a) 1. "Day care center benefits" means benefits provided at a
day 14child care facility that is licensed under s. 48.65 or 48.69 and that for compensation
15provides care for at least 6 children or benefits provided at a facility for persons who
16are physically or mentally incapable of caring for themselves.
SB350, s. 99
17Section
99. 71.28 (1dd) (a) 1. of the statutes is amended to read:
SB350,34,2118
71.28
(1dd) (a) 1. "Day care center benefits" means benefits provided at a
day 19child care facility that is licensed under s. 48.65 or 48.69 and that for compensation
20provides care for at least 6 children or benefits provided at a facility for persons who
21are physically or mentally incapable of caring for themselves.
SB350, s. 100
22Section
100. 71.47 (1dd) (a) 1. of the statutes is amended to read:
SB350,35,223
71.47
(1dd) (a) 1. "Day care center benefits" means benefits provided at a
day 24child care facility that is licensed under s. 48.65 or 48.69 and that for compensation
1provides care for at least 6 children or benefits provided at a facility for persons who
2are physically incapable of caring for themselves.
SB350,35,75
73.0301
(1) (d) 2. A license issued by the department of children and families
6under s. 48.66 (1) (a) to a child welfare agency, group home, shelter care facility, or
7day child care center, as required by s. 48.60, 48.625, 48.65, or 938.22 (7).
SB350, s. 102
8Section
102. 77.54 (20) (c) 4. of the statutes is amended to read:
SB350,35,189
77.54
(20) (c) 4. Taxable sales do not include meals, food, food products, or
10beverages sold by hospitals, sanatoriums, nursing homes, retirement homes,
11community-based residential facilities, as defined in s. 50.01 (1g), or
day child care
12centers licensed under ch. 48 and served at a hospital, sanatorium, nursing home,
13retirement home, community-based residential facility, or
day child care center. In
14this subdivision "retirement home" means a nonprofit residential facility where 3 or
15more unrelated adults or their spouses have their principal residence and where
16support services, including meals from a common kitchen, are available to residents.
17Taxable sales do not include meals, food, food products, or beverages sold to the
18elderly or handicapped by persons providing "mobile meals on wheels".
SB350, s. 103
19Section
103. 101.123 (1) (a) of the statutes is renumbered 101.123 (1) (ag).
SB350, s. 104
20Section
104. 101.123 (1) (ad) of the statutes is amended to read:
SB350,35,2221
101.123
(1) (ad) "
Day Child care center" has the meaning given in s. 49.136 (1)
22(d) (ad).
SB350, s. 105
23Section
105. 101.123 (2) (bm) of the statutes is amended to read:
SB350,36,3
1101.123
(2) (bm) Notwithstanding par. (a) and sub. (3), no person may smoke
2on the premises, indoors or outdoors, of a
day child care center when children who
3are receiving
day child care services are present.
SB350, s. 106
4Section
106
. 101.123 (4) (a) 2. of the statutes is amended to read:
SB350,36,195
101.123
(4) (a) 2. A person in charge or his or her agent may not designate an
6entire building as a smoking area or designate any smoking areas in the state capitol
7building, in the immediate vicinity of the state capitol, in a Type 1 juvenile
8correctional facility, on the grounds of a Type 1 juvenile correctional facility, in a
9motor bus, hospital, or physician's office or on the premises, indoors or outdoors, of
10a
day child care center when children who are receiving
day child care services are
11present, in a residence hall or dormitory that is owned or operated by the Board of
12Regents of the University of Wisconsin System, or in any location that is 25 feet or
13less from such a residence hall or dormitory, except that in a hospital or a unit of a
14hospital that has as its primary purpose the care and treatment of mental illness,
15alcoholism, or drug abuse a person in charge or his or her agent may designate one
16or more enclosed rooms with outside ventilation as smoking areas for the use of adult
17patients who have the written permission of a physician. Subject to this subdivision
18and sub. (3) (b), a person in charge or his or her agent may not designate an entire
19room as a smoking area.
SB350,37,322
115.812
(1) Placement disputes. If a dispute arises between a local educational
23agency and the department of children and families, the department of corrections,
24or a county department under s. 46.215, 46.22, or 46.23, or between local educational
25agencies under s. 115.81 (4) (c), over the placement of a child, the state
1superintendent shall resolve the dispute. This subsection applies only to placements
2in nonresidential educational programs made under s. 48.57 (1) (c) and to placements
3in residential care centers
for children and youth made under s. 115.81.
SB350, s. 108
4Section
108
. 115.817 (8) of the statutes is amended to read:
SB350,37,135
115.817
(8) Transportation. The board may promulgate a plan for the
6transportation at county expense of children who are receiving special education and
7related services under this section, special education and related services provided
8at
day child care centers
, or special education and related services provided by a
9private organization within whose attendance area the child resides and which is
10situated not more than 5 miles beyond the boundaries of the area the board serves,
11as measured along the usually traveled route. The plan, upon approval of the state
12superintendent, shall govern the transportation of such children. Any such plan for
13transportation during the school term supersedes ss. 115.88 and 121.54 (3).
SB350, s. 109
14Section
109. 118.51 (2) of the statutes is amended to read:
SB350,37,2215
118.51
(2) Applicability. A pupil may attend a public school, including a
16prekindergarten, 4-year-old kindergarten, early childhood
, or school-operated
day 17child care program, in a nonresident school district under this section, except that
18a pupil may attend a prekindergarten, 4-year-old kindergarten, early childhood
, or
19school-operated
day child care program in a nonresident school district only if the
20pupil's resident school district offers the same type of program that the pupil wishes
21to attend and the pupil is eligible to attend that program in his or her resident school
22district.
SB350, s. 110
23Section
110. 120.125 (title) of the statutes is amended to read:
SB350,37,24
24120.125 (title)
Before- and after-school
day child care.
SB350, s. 111
25Section
111. 120.125 (1) of the statutes is amended to read:
SB350,38,3
1120.125
(1) In this section, "before- and after-school
day child care program"
2means a program
which that provides
day child care services before school, after
3school
, or both before and after school.
SB350, s. 112
4Section
112. 120.125 (2) (a) (intro.) of the statutes is amended to read:
SB350,38,85
120.125
(2) (a) (intro.) A school board shall permit a
day child care provider who
6has submitted a request which meets all of the requirements under sub. (3) to
7administer a before- and after-school
day child care program in any elementary
8school within the school district unless:
SB350, s. 113
9Section
113. 120.125 (2) (a) 3. of the statutes is amended to read:
SB350,38,1110
120.125
(2) (a) 3. Before- and after-school
day child care programs exist in the
11elementary school;
SB350, s. 114
12Section
114. 120.125 (2) (a) 4. of the statutes is amended to read:
SB350,38,1413
120.125
(2) (a) 4. The school board intends to provide before- and after-school
14day child care services in the elementary school;
SB350, s. 115
15Section
115. 120.125 (2) (b) of the statutes is amended to read:
SB350,38,2116
120.125
(2) (b) The school board may deny a request under par. (a) 6. if the
17school board intends to solicit
day child care providers to submit requests to provide
18before- and after-school
day child care programs in the elementary school for which
19a request under par. (a) was submitted. If a school board denies a request under this
20paragraph, the request submitted under par. (a) shall be considered along with
21requests that are submitted as a result of the school board solicitation.
SB350, s. 116
22Section
116. 120.125 (2) (c) of the statutes is amended to read:
SB350,38,2523
120.125
(2) (c) If a school board denies a request under par. (a) or (b), the school
24board shall specify the reasons for denial, in writing, to the
day child care provider
25within 60 days after the date on which the request is received.
SB350, s. 117
1Section
117. 120.125 (3) (a) (intro.) of the statutes is amended to read:
SB350,39,72
120.125
(3) (a) (intro.) A request submitted to a school board under sub. (2)
3shall be in writing,
shall name the elementary school in which the before- and
4after-school
day child care program is to be provided
, and shall specify the amount
5of space needed, the number and ages of the pupils to be served
, and the time the
6provider intends to operate the program. The request shall also contain all of the
7following assurances:
SB350, s. 118
8Section
118. 120.125 (3) (a) 1. of the statutes is amended to read:
SB350,39,129
120.125
(3) (a) 1. That the
day child care provider will be responsible for all
10actual incremental costs incurred by the school as a result of permitting the
day child 11care provider to provide a before- and after-school
day child care program in the
12school building.
SB350, s. 119
13Section
119. 120.125 (3) (a) 2. of the statutes is amended to read:
SB350,39,1914
120.125
(3) (a) 2. That the
day child care provider will be liable to the school
15district for any damage to property in the operation of the before- and after-school
16day child care program, that the
day child care provider shall hold the school district
17harmless from any liability, claim
, or damages caused by the acts or omissions of the
18day child care provider, and that the
day child care provider will acquire adequate
19insurance coverage, as determined by the school district.
SB350, s. 120
20Section
120. 120.125 (3) (a) 3. of the statutes is amended to read:
SB350,39,2321
120.125
(3) (a) 3. That the
day child care provider will not provide religious
22instruction or permit religious practices to be conducted during the before- and
23after-school
day child care program.
SB350, s. 121
24Section
121. 120.125 (3) (b) of the statutes is amended to read:
SB350,40,3
1120.125
(3) (b) A school board shall conditionally grant a request submitted by
2a
day child care provider if all the requirements under par. (a) are met and sub. (2)
3(a) 1. to 6. and (b) does not apply.
SB350, s. 122
4Section
122. 120.125 (4) (intro.) of the statutes is amended to read:
SB350,40,105
120.125
(4) (intro.) If a request under sub. (3) is conditionally accepted by the
6school board, the school board shall enter into a written agreement with the
day child 7care provider that specifies the hours during the day in which the
day child care
8provider is to occupy the school premises and the rooms, facilities
, or equipment that
9are to be used by the
day child care provider. The agreement shall also provide all
10of the following:
SB350, s. 123
11Section
123. 120.125 (4) (a) of the statutes is amended to read:
SB350,40,1412
120.125
(4) (a) Except as provided under s. 121.545 (2), that the school board
13is not responsible for providing transportation to or from the before- and
14after-school
day child care program.
SB350, s. 124
15Section
124. 120.125 (4) (b) of the statutes is amended to read:
SB350,40,2116
120.125
(4) (b) That nothing in the agreement would prohibit the school board
17from permitting other
day child care providers to provide
day child care services to
18pupils in the same building during the same time and that nothing in the agreement
19would prohibit the school district from providing before- and after-school
day child 20care programs in the same building and during the same time in which the
day child 21care provider provides before- and after-school
day
child care programs.
SB350, s. 125
22Section
125. 120.125 (4) (c) of the statutes is amended to read:
SB350,41,223
120.125
(4) (c) That the agreement may be terminated by the school board at
24the end of a school year if the school board intends to provide
day child care for the
1pupils in the elementary school or intends to solicit other
day child care providers to
2provide services during the following school year.
SB350, s. 126
3Section
126. 120.125 (4) (d) of the statutes is amended to read:
SB350,41,64
120.125
(4) (d) That the school board may review and terminate the agreement
5at any time, with 30 days' prior written notice to the
day child care provider, if any
6of the conditions in the agreement are violated by the
day child care provider.
SB350, s. 127
7Section
127. 120.125 (4) (e) of the statutes is amended to read:
SB350,41,118
120.125
(4) (e) That the
day child care provider shall be responsible for all
9actual costs incurred by the school district as a result of the agreement, the costs of
10which shall be paid to the school district at times specified by the school board in the
11agreement.
SB350, s. 128
12Section
128. 120.125 (4) (f) of the statutes is amended to read:
SB350,41,2013
120.125
(4) (f) That the
day child care provider shall be liable to the school
14district for any damage to property in the operation of the before- and after-school
15day child care program, that the
day child care provider shall hold the school district
16harmless from any liability, claim
, or damages caused by the acts or omissions of the
17day child care provider, and that the
day child care provider shall acquire adequate
18insurance, as determined by the school district, to be in effect beginning the first day
19on which the
day child care provider provides the before- and after-school
day child 20care program.
SB350, s. 129
21Section
129. 120.125 (4) (g) of the statutes is amended to read:
SB350,41,2422
120.125
(4) (g) That the
day child care provider shall not provide religious
23instruction or permit religious practices to be conducted during the before- and
24after-school
day child care program.
SB350,42,53
120.125
(4) (h) That the
day child care provider shall meet the standards for
4licensed
day child care centers established by the department of children and
5families.