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.
SB350,42,238
120.13
(14) Day Child care programs. Establish and provide or contract for
9the provision of
day child care programs for children. The school board may receive
10federal or state funds for this purpose. The school board may charge a fee for all or
11part of the cost of the service for participation in a
day child care program established
12under this subsection. Costs associated with a
day
child care program under this
13subsection may not be included in shared costs under s. 121.07 (6).
Day Child care
14programs established under this subsection shall meet the standards for licensed
15day child care centers established by the department of children and families. If a
16school board proposes to contract for or renew a contract for the provision of a
day 17child care program under this subsection or if on July 1, 1996, a school board is a
18party to a contract for the provision of a
day child care program under this subsection,
19the school board shall refer the contractor or proposed contractor to the department
20of children and families for the criminal history and child abuse record search
21required under s. 48.685. Each school board shall provide the department of health
22and family services with information about each person who is denied a contract for
23a reason specified in s. 48.685 (4m) (a) 1. to 5.
SB350, s. 132
24Section
132. 120.13 (36) of the statutes is amended to read:
SB350,43,6
1120.13
(36) Prekindergarten and kindergarten program agreements. Enter
2into an agreement with a licensed public or private nonsectarian
day child care
3center to lease space for prekindergarten or kindergarten programs offered by the
4school district or to place school district employees in
day child care centers to provide
5instruction in prekindergarten or kindergarten programs offered by the school
6district.
SB350, s. 133
7Section
133. 121.54 (2) (am) of the statutes is amended to read:
SB350,43,128
121.54
(2) (am) In lieu of transporting a pupil who is eligible for transportation
9under par. (a) to and from his or her residence, a school district may transport the
10pupil to or from, or both, a before- and after-school
day child care program under s.
11120.125, a
day child care program under s. 120.13 (14)
, or any other
day child care
12program, family
day child care home
, or child care provider.
SB350, s. 134
13Section
134. 121.545 (2) of the statutes is amended to read:
SB350,43,2214
121.545
(2) A school board may provide transportation for children residing in
15the school district whom the school district is not required to transport under s.
16121.54 to or from, or both, a before- and after-school
day child care program under
17s. 120.125, a prekindergarten class under s. 120.13 (13), a
day child care program
18under s. 120.13 (14)
, or any other
day child care program, family
day child care home,
19child care provider
, or prekindergarten class. The school board may charge a fee for
20the cost of providing such transportation. The school board may waive the fee or any
21portion of the fee for any person who is unable to pay the fee. State aid shall not be
22provided for transportation under this subsection.
SB350, s. 135
23Section
135. 234.83 (3) (a) 2. of the statutes is amended to read:
SB350,43,2524
234.83
(3) (a) 2. The start-up of a
day child care business, including the
25purchase or improvement of land, buildings, machinery, equipment, or inventory.
SB350, s. 136
1Section
136. 252.04 (2) of the statutes is amended to read:
SB350,44,102
252.04
(2) Any student admitted to any elementary, middle, junior
, or senior
3high school or into any
day child care center or nursery school shall, within 30 school
4days
after the date on which the student is admitted, present written evidence to the
5school,
day child care center
, or nursery school of having completed the first
6immunization for each vaccine required for the student's grade and being on
7schedule for the remainder of the basic and recall (booster) immunization series for
8mumps, measles, rubella (German measles), diphtheria, pertussis (whooping
9cough), poliomyelitis, tetanus
, and other diseases that the department specifies by
10rule or shall present a written waiver under sub. (3).
SB350, s. 137
11Section
137. 252.04 (3) of the statutes is amended to read:
SB350,44,1812
252.04
(3) The immunization requirement is waived if the student, if an adult,
13or the student's parent, guardian
, or legal custodian submits a written statement to
14the school,
day child care center
, or nursery school objecting to the immunization for
15reasons of health, religion
, or personal conviction. At the time any school,
day child 16care center
, or nursery school notifies a student, parent, guardian
, or legal custodian
17of the immunization requirements, it shall inform the person in writing of the
18person's right to a waiver under this subsection.
SB350, s. 138
19Section
138. 252.04 (4) of the statutes is amended to read:
SB350,44,2220
252.04
(4) The student, if an adult, or the student's parent, guardian
, or legal
21custodian shall keep the school,
day child care center
, or nursery school informed of
22the student's compliance with the immunization schedule.