SB346, s. 99 5Section 99. 49.137 (1) (e) of the statutes is amended to read:
SB346,36,76 49.137 (1) (e) "Group day child care center" has the meaning given in s. 49.136
7(1) (k).
SB346, s. 100 8Section 100. 49.155 (1) (am) of the statutes is amended to read:
SB346,36,109 49.155 (1) (am) "Level I certified family day child care provider" means a day
10child care provider certified under s. 48.651 (1) (a).
SB346, s. 101 11Section 101. 49.155 (1) (b) of the statutes is amended to read:
SB346,36,1312 49.155 (1) (b) "Level II certified family day child care provider" means a day
13child care provider certified under s. 48.651 (1) (b).
SB346, s. 102 14Section 102. 49.155 (1d) (a) of the statutes is amended to read:
SB346,37,415 49.155 (1d) (a) The department shall promulgate rules establishing standards
16for the certification of child care providers under s. 48.651. The department shall
17consult with the child abuse and neglect prevention board before promulgating those
18rules. In establishing the requirements for certification under this paragraph of a
19child care provider, the department shall include a requirement that all providers
20and all employees and volunteers of a provider who provide care and supervision for
21children receive, before the date on which the provider is certified or the employment
22or volunteer work commences, whichever is applicable, training in the most current
23medically accepted methods of preventing sudden infant death syndrome, if the
24provider, employee, or volunteer provides care and supervision for children under
25one year of age, and the training relating to shaken baby syndrome and impacted

1babies required under s. 253.15 (4) (b) or (c), if the provider, employee, or volunteer
2provides care and supervision for children under 5 years of age. In establishing the
3requirements for certification as a Level II certified family day child care provider,
4the department may not include any other requirement for training for providers.
SB346, s. 103 5Section 103. 49.155 (1d) (b) of the statutes is amended to read:
SB346,37,146 49.155 (1d) (b) The department shall promulgate rules to establish quality of
7care standards for child care providers that are higher than the quality of care
8standards required for licensure under s. 48.65 or for certification under s. 48.651.
9The standards established by rules promulgated under this paragraph shall consist
10of the standards provided for the accreditation of day child care centers by the
11national association for the education of young children National Association for the
12Education of Young Children
or any other comparable standards that the
13department may establish, including standards regarding the turnover of child care
14provider staff and the training and benefits provided for child care provider staff.
SB346, s. 104 15Section 104. 49.155 (1g) (bc) of the statutes, as affected by 2009 Wisconsin Act
1628
, is amended to read:
SB346,37,1817 49.155 (1g) (bc) Grants under s. 49.134 (2) for child day care resource and
18referral services, in the amount of at least $1,298,600 per fiscal year.
SB346, s. 105 19Section 105. 49.155 (4) of the statutes is amended to read:
SB346,37,2420 49.155 (4) Choice of provider. An eligible individual shall choose whether the
21child care will be provided by a day child care center licensed under s. 48.65, a Level
22I certified family day child care provider, a Level II certified family day child care
23provider, or a day child care program provided or contracted for by a school board
24under s. 120.13 (14).
SB346, s. 106 25Section 106. 49.155 (6) (b) of the statutes is amended to read:
SB346,38,5
149.155 (6) (b) Subject to review and approval by the department, each county
2shall set a maximum reimbursement rate for Level I certified family day child care
3providers for services provided to eligible individuals under this section. The
4maximum rate set under this paragraph may not exceed 75% of the rate established
5under par. (a).
SB346, s. 107 6Section 107. 49.155 (6) (c) of the statutes is amended to read:
SB346,38,117 49.155 (6) (c) Subject to review and approval by the department, each county
8shall set a maximum reimbursement rate for Level II 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 50% of the rate established
11under par. (a).
SB346, s. 108 12Section 108. 49.155 (6) (cm) of the statutes is amended to read:
SB346,38,1513 49.155 (6) (cm) The department shall modify child care provider
14reimbursement rates established under pars. (a) to (c) so that reimbursement rates
15are lower for providers of after-school day child care.
SB346, s. 109 16Section 109. 49.826 (2) (a) 1. of the statutes, as created by 2009 Wisconsin Act
1728
, is amended to read:
SB346,38,1818 49.826 (2) (a) 1. Certify day child care providers under s. 48.651.
SB346, s. 110 19Section 110. 66.1017 (title) of the statutes is amended to read:
SB346,38,20 2066.1017 (title) Family day child care homes.
SB346, s. 111 21Section 111. 66.1017 (1) (a) of the statutes is amended to read:
SB346,38,2422 66.1017 (1) (a) "Family day child care home" means a dwelling licensed as a day
23child care center by the department of children and families under s. 48.65 where
24care is provided for not more than 8 children.
SB346, s. 112 25Section 112. 66.1017 (2) of the statutes is amended to read:
SB346,39,7
166.1017 (2) No municipality may prevent a family day child care home from
2being located in a zoned district in which a single-family residence is a permitted
3use. No municipality may establish standards or requirements for family day child
4care homes that are different from the licensing standards established under s.
548.65. This subsection does not prevent a municipality from applying to a family day
6child care home the zoning regulations applicable to other dwellings in the zoning
7district in which it is located.
SB346, s. 113 8Section 113. 71.07 (2dd) (a) 1. of the statutes is amended to read:
SB346,39,129 71.07 (2dd) (a) 1. "Day care center benefits" means benefits provided at a day
10child care facility that is licensed under s. 48.65 or 48.69 and that for compensation
11provides care for at least 6 children or benefits provided at a facility for persons who
12are physically or mentally incapable of caring for themselves.
SB346, s. 114 13Section 114. 71.28 (1dd) (a) 1. of the statutes is amended to read:
SB346,39,1714 71.28 (1dd) (a) 1. "Day care center benefits" means benefits provided at a day
15child care facility that is licensed under s. 48.65 or 48.69 and that for compensation
16provides care for at least 6 children or benefits provided at a facility for persons who
17are physically or mentally incapable of caring for themselves.
SB346, s. 115 18Section 115. 71.47 (1dd) (a) 1. of the statutes is amended to read:
SB346,39,2219 71.47 (1dd) (a) 1. "Day care center benefits" means benefits provided at a day
20child care facility that is licensed under s. 48.65 or 48.69 and that for compensation
21provides care for at least 6 children or benefits provided at a facility for persons who
22are physically incapable of caring for themselves.
SB346, s. 116 23Section 116. 73.0301 (1) (d) 2. of the statutes is amended to read:
SB346,40,3
173.0301 (1) (d) 2. A license issued by the department of children and families
2under s. 48.66 (1) (a) to a child welfare agency, group home, shelter care facility, or
3day child care center, as required by s. 48.60, 48.625, 48.65, or 938.22 (7).
SB346, s. 117 4Section 117. 77.54 (20n) (b) of the statutes, as created by 2009 Wisconsin Act
52
, is amended to read:
SB346,40,146 77.54 (20n) (b) The sales price from the sale of and the storage, use, or other
7consumption of food and food ingredients, except soft drinks, sold by hospitals,
8sanatoriums, nursing homes, retirement homes, community-based residential
9facilities, as defined in s. 50.01 (1g), or day child care centers registered licensed
10under ch. 48, including prepared food that is sold to the elderly or handicapped by
11persons providing mobile meals on wheels. In this paragraph, "retirement home"
12means a nonprofit residential facility where 3 or more unrelated adults or their
13spouses have their principal residence and where support services, including meals
14from a common kitchen, are available to residents.
SB346, s. 118 15Section 118. 101.123 (1) (ad) of the statutes is renumbered 101.123 (1) (abm)
16and amended to read:
SB346,40,1817 101.123 (1) (abm) "Day Child care center" has the meaning given in s. 49.136
18(1) (d) (ad).
SB346, s. 119 19Section 119. 101.123 (2) (a) 1r. of the statutes, as created by 2009 Wisconsin
20Act 12
, is amended to read:
SB346,40,2121 101.123 (2) (a) 1r. Day Child care centers.
SB346, s. 120 22Section 120. 101.123 (2) (d) 2. of the statutes, as affected by 2009 Wisconsin
23Act 12
, is amended to read:
SB346,40,2524 101.123 (2) (d) 2. Anywhere on the premises of a day child care center when
25children who are receiving day child care services are present.
SB346, s. 121
1Section 121. 111.02 (6) (am) of the statutes, as created by 2009 Wisconsin Act
228
, is amended to read:
SB346,41,63 111.02 (6) (am) "Employee" includes a day child care provider certified under
4s. 48.651 and a day child care provider licensed under s. 48.65 who provides care and
5supervision for not more than 8 children who are not related to the day child care
6provider.
SB346, s. 122 7Section 122 . 115.812 (1) of the statutes is amended to read:
SB346,41,148 115.812 (1) Placement disputes. If a dispute arises between a local educational
9agency and the department of children and families, the department of corrections,
10or a county department under s. 46.215, 46.22, or 46.23, or between local educational
11agencies under s. 115.81 (4) (c), over the placement of a child, the state
12superintendent shall resolve the dispute. This subsection applies only to placements
13in nonresidential educational programs made under s. 48.57 (1) (c) and to placements
14in residential care centers for children and youth made under s. 115.81.
SB346, s. 123 15Section 123 . 115.817 (8) of the statutes is amended to read:
SB346,41,2416 115.817 (8) Transportation. The board may promulgate a plan for the
17transportation at county expense of children who are receiving special education and
18related services under this section, special education and related services provided
19at day child care centers, or special education and related services provided by a
20private organization within whose attendance area the child resides and which is
21situated not more than 5 miles beyond the boundaries of the area the board serves,
22as measured along the usually traveled route. The plan, upon approval of the state
23superintendent, shall govern the transportation of such children. Any such plan for
24transportation during the school term supersedes ss. 115.88 and 121.54 (3).
SB346, s. 124 25Section 124. 118.51 (2) of the statutes is amended to read:
SB346,42,8
1118.51 (2) Applicability. A pupil may attend a public school, including a
2charter school, prekindergarten, or 4-year-old kindergarten, or early childhood or
3school-operated day child care program, in a nonresident school district under this
4section, except that a pupil may attend a prekindergarten, 4-year-old kindergarten,
5or early childhood or school-operated day child care program in a nonresident school
6district only if the pupil's resident school district offers the same type of program that
7the pupil wishes to attend and the pupil is eligible to attend that program in his or
8her resident school district.
SB346, s. 125 9Section 125. 120.125 (title) of the statutes is amended to read:
SB346,42,10 10120.125 (title) Before- and after-school day child care.
SB346, s. 126 11Section 126. 120.125 (1) of the statutes is amended to read:
SB346,42,1412 120.125 (1) In this section, "before- and after-school day child care program"
13means a program which that provides day child care services before school, after
14school, or both before and after school.
SB346, s. 127 15Section 127. 120.125 (2) (a) (intro.) of the statutes is amended to read:
SB346,42,1916 120.125 (2) (a) (intro.) A school board shall permit a day child care provider who
17has submitted a request which meets all of the requirements under sub. (3) to
18administer a before- and after-school day child care program in any elementary
19school within the school district unless:
SB346, s. 128 20Section 128. 120.125 (2) (a) 3. of the statutes is amended to read:
SB346,42,2221 120.125 (2) (a) 3. Before- and after-school day child care programs exist in the
22elementary school;
SB346, s. 129 23Section 129. 120.125 (2) (a) 4. of the statutes is amended to read:
SB346,42,2524 120.125 (2) (a) 4. The school board intends to provide before- and after-school
25day child care services in the elementary school;
SB346, s. 130
1Section 130. 120.125 (2) (b) of the statutes is amended to read:
SB346,43,72 120.125 (2) (b) The school board may deny a request under par. (a) 6. if the
3school board intends to solicit day child care providers to submit requests to provide
4before- and after-school day child care programs in the elementary school for which
5a request under par. (a) was submitted. If a school board denies a request under this
6paragraph, the request submitted under par. (a) shall be considered along with
7requests that are submitted as a result of the school board solicitation.
SB346, s. 131 8Section 131. 120.125 (2) (c) of the statutes is amended to read:
SB346,43,119 120.125 (2) (c) If a school board denies a request under par. (a) or (b), the school
10board shall specify the reasons for denial, in writing, to the day child care provider
11within 60 days after the date on which the request is received.
SB346, s. 132 12Section 132. 120.125 (3) (a) (intro.) of the statutes is amended to read:
SB346,43,1813 120.125 (3) (a) (intro.) A request submitted to a school board under sub. (2)
14shall be in writing, shall name the elementary school in which the before- and
15after-school day child care program is to be provided, and shall specify the amount
16of space needed, the number and ages of the pupils to be served, and the time the
17provider intends to operate the program. The request shall also contain all of the
18following assurances:
SB346, s. 133 19Section 133. 120.125 (3) (a) 1. of the statutes is amended to read:
SB346,43,2320 120.125 (3) (a) 1. That the day child care provider will be responsible for all
21actual incremental costs incurred by the school as a result of permitting the day child
22care provider to provide a before- and after-school day child care program in the
23school building.
SB346, s. 134 24Section 134. 120.125 (3) (a) 2. of the statutes is amended to read:
SB346,44,6
1120.125 (3) (a) 2. That the day child care provider will be liable to the school
2district for any damage to property in the operation of the before- and after-school
3day child care program, that the day child care provider shall hold the school district
4harmless from any liability, claim, or damages caused by the acts or omissions of the
5day child care provider, and that the day child care provider will acquire adequate
6insurance coverage, as determined by the school district.
SB346, s. 135 7Section 135. 120.125 (3) (a) 3. of the statutes is amended to read:
SB346,44,108 120.125 (3) (a) 3. That the day child care provider will not provide religious
9instruction or permit religious practices to be conducted during the before- and
10after-school day child care program.
SB346, s. 136 11Section 136. 120.125 (3) (b) of the statutes is amended to read:
SB346,44,1412 120.125 (3) (b) A school board shall conditionally grant a request submitted by
13a day child care provider if all the requirements under par. (a) are met and sub. (2)
14(a) 1. to 6. and (b) does not apply.
SB346, s. 137 15Section 137. 120.125 (4) (intro.) of the statutes is amended to read:
SB346,44,2116 120.125 (4) (intro.) If a request under sub. (3) is conditionally accepted by the
17school board, the school board shall enter into a written agreement with the day child
18care provider that specifies the hours during the day in which the day child care
19provider is to occupy the school premises and the rooms, facilities , or equipment that
20are to be used by the day child care provider. The agreement shall also provide all
21of the following:
SB346, s. 138 22Section 138. 120.125 (4) (a) of the statutes is amended to read:
SB346,44,2523 120.125 (4) (a) Except as provided under s. 121.545 (2), that the school board
24is not responsible for providing transportation to or from the before- and
25after-school day child care program.
SB346, s. 139
1Section 139. 120.125 (4) (b) of the statutes is amended to read:
SB346,45,72 120.125 (4) (b) That nothing in the agreement would prohibit the school board
3from permitting other day child care providers to provide day child care services to
4pupils in the same building during the same time and that nothing in the agreement
5would prohibit the school district from providing before- and after-school day child
6care programs in the same building and during the same time in which the day child
7care provider provides before- and after-school day child care programs.
SB346, s. 140 8Section 140. 120.125 (4) (c) of the statutes is amended to read:
SB346,45,129 120.125 (4) (c) That the agreement may be terminated by the school board at
10the end of a school year if the school board intends to provide day child care for the
11pupils in the elementary school or intends to solicit other day child care providers to
12provide services during the following school year.
SB346, s. 141 13Section 141. 120.125 (4) (d) of the statutes is amended to read:
SB346,45,1614 120.125 (4) (d) That the school board may review and terminate the agreement
15at any time, with 30 days' prior written notice to the day child care provider, if any
16of the conditions in the agreement are violated by the day child care provider.
SB346, s. 142 17Section 142. 120.125 (4) (e) of the statutes is amended to read:
SB346,45,2118 120.125 (4) (e) That the day child care provider shall be responsible for all
19actual costs incurred by the school district as a result of the agreement, the costs of
20which shall be paid to the school district at times specified by the school board in the
21agreement.
SB346, s. 143 22Section 143. 120.125 (4) (f) of the statutes is amended to read:
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