49.155 (1d) (b) The department shall promulgate rules to establish quality of care standards for child care providers that are higher than the quality of care standards required for licensure under s. 48.65 or for certification under s. 48.651. The standards established by rules promulgated under this paragraph shall consist of the standards provided for the accreditation of day
child care centers by the national association for the education of young children National Association for the Education of Young Children or any other comparable standards that the department may establish, including standards regarding the turnover of child care provider staff and the training and benefits provided for child care provider staff.
49.155 (1g) (bc) Grants under s. 49.134 (2) for child day care resource and referral services, in the amount of at least $1,298,600 per fiscal year.
185,105
Section
105. 49.155 (4) of the statutes is amended to read:
49.155 (4) Choice of provider. An eligible individual shall choose whether the child care will be provided by a day child care center licensed under s. 48.65, a Level I certified family day child care provider, a Level II certified family day child care provider
, or a day child care program provided or contracted for by a school board under s. 120.13 (14).
185,106
Section
106. 49.155 (6) (b) of the statutes is amended to read:
49.155 (6) (b) Subject to review and approval by the department, each county shall set a maximum reimbursement rate for Level I certified family day child care providers for services provided to eligible individuals under this section. The maximum rate set under this paragraph may not exceed 75% of the rate established under par. (a).
185,107
Section
107. 49.155 (6) (c) of the statutes is amended to read:
49.155 (6) (c) Subject to review and approval by the department, each county shall set a maximum reimbursement rate for Level II certified family day child care providers for services provided to eligible individuals under this section. The maximum rate set under this paragraph may not exceed 50% of the rate established under par. (a).
185,108
Section
108. 49.155 (6) (cm) of the statutes is amended to read:
49.155 (6) (cm) The department shall modify child care provider reimbursement rates established under pars. (a) to (c) so that reimbursement rates are lower for providers of after-school day child care.
49.826 (2) (a) 1. Certify day child care providers under s. 48.651.
185,110
Section
110. 66.1017 (title) of the statutes is amended to read:
66.1017 (title) Family day child care homes.
185,111
Section
111. 66.1017 (1) (a) of the statutes is amended to read:
66.1017 (1) (a) "Family day child care home" means a dwelling licensed as a day child care center by the department of children and families under s. 48.65 where care is provided for not more than 8 children.
185,112
Section
112. 66.1017 (2) of the statutes is amended to read:
66.1017 (2) No municipality may prevent a family day child care home from being located in a zoned district in which a single-family residence is a permitted use. No municipality may establish standards or requirements for family day child care homes
that are different from the licensing standards established under s. 48.65. This subsection does not prevent a municipality from applying to a family day child care home the zoning regulations applicable to other dwellings in the zoning district in which it is located.
185,113
Section
113. 71.07 (2dd) (a) 1. of the statutes is amended to read:
71.07 (2dd) (a) 1. "Day care center benefits" means benefits provided at a day child care facility that is licensed under s. 48.65 or 48.69 and that for compensation provides care for at least 6 children or benefits provided at a facility for persons who are physically or mentally incapable of caring for themselves.
185,114
Section
114. 71.28 (1dd) (a) 1. of the statutes is amended to read:
71.28 (1dd) (a) 1. "Day care center benefits" means benefits provided at a day child care facility that is licensed under s. 48.65 or 48.69 and that for compensation provides care for at least 6 children or benefits provided at a facility for persons who are physically or mentally incapable of caring for themselves.
185,115
Section
115. 71.47 (1dd) (a) 1. of the statutes is amended to read:
71.47 (1dd) (a) 1. "Day care center benefits" means benefits provided at a day child care facility that is licensed under s. 48.65 or 48.69 and that for compensation provides care for at least 6 children or benefits provided at a facility for persons who are physically incapable of caring for themselves.
185,116
Section
116. 73.0301 (1) (d) 2. of the statutes is amended to read:
73.0301 (1) (d) 2. A license issued by the department of children and families under s. 48.66 (1) (a) to a child welfare agency, group home, shelter care facility, or day child care center, as required by s. 48.60, 48.625, 48.65, or 938.22 (7).
77.54 (20n) (b) The sales price from the sale of and the storage, use, or other consumption of food and food ingredients, except soft drinks, sold by hospitals, sanatoriums, nursing homes, retirement homes, community-based residential facilities, as defined in s. 50.01 (1g), or day child care centers registered licensed under ch. 48, including prepared food that is sold to the elderly or handicapped by persons providing mobile meals on wheels. In this paragraph, "retirement home" means a nonprofit residential facility where 3 or more unrelated adults or their spouses have their principal residence and where support services, including meals from a common kitchen, are available to residents.
185,118
Section
118. 101.123 (1) (ad) of the statutes is renumbered 101.123 (1) (abm) and amended to read:
101.123 (1) (abm) "Day Child care center" has the meaning given in s. 49.136 (1) (d) (ad).
101.123 (2) (a) 1r. Day Child care centers.
101.123 (2) (d) 2. Anywhere on the premises of a day child care center when children who are receiving
day child care services are present.
111.02 (6) (am) "Employee" includes a day child care provider certified under s. 48.651 and a day
child care provider licensed under s. 48.65 who provides care and supervision for not more than 8 children who are not related to the day child care provider.
185,122
Section
122
. 115.812 (1) of the statutes is amended to read:
115.812 (1) Placement disputes. If a dispute arises between a local educational agency and the department of children and families, the department of corrections, or a county department under s. 46.215, 46.22, or 46.23, or between local educational agencies under s. 115.81 (4) (c), over the placement of a child, the state superintendent shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under s. 48.57 (1) (c) and to placements in residential care centers for children and youth made under s. 115.81.
185,123
Section
123
. 115.817 (8) of the statutes is amended to read:
115.817 (8) Transportation. The board may promulgate a plan for the transportation at county expense of children who are receiving special education and related services under this section, special education and related services provided at day child care centers, or special education and related services provided by a private organization within whose attendance area the child resides and which is situated not more than 5 miles beyond the boundaries of the area the board serves, as measured along the usually traveled route. The plan, upon approval of the state superintendent, shall govern the transportation of such children. Any such plan for transportation during the school term supersedes ss. 115.88 and 121.54 (3).
185,124
Section
124. 118.51 (2) of the statutes is amended to read:
118.51 (2) Applicability. A pupil may attend a public school, including a charter school, prekindergarten, or 4-year-old kindergarten, or early childhood or school-operated day child care program, in a nonresident school district under this section, except that a pupil may attend a prekindergarten, 4-year-old kindergarten, or early childhood or school-operated day child care program in a nonresident school district only if the pupil's resident school district offers the same type of program that the pupil wishes to attend and the pupil is eligible to attend that program in his or her resident school district.
185,125
Section
125. 120.125 (title) of the statutes is amended to read:
120.125 (title) Before- and after-school
day child care.
185,126
Section
126. 120.125 (1) of the statutes is amended to read:
120.125 (1) In this section, "before- and after-school day child care program" means a program which that provides day child care services before school, after school, or both before and after school.
185,127
Section
127. 120.125 (2) (a) (intro.) of the statutes is amended to read:
120.125 (2) (a) (intro.) A school board shall permit a day child care provider who has submitted a request which meets all of the requirements under sub. (3) to administer a before- and after-school day child care program in any elementary school within the school district unless:
185,128
Section
128. 120.125 (2) (a) 3. of the statutes is amended to read:
120.125 (2) (a) 3. Before- and after-school day child care programs exist in the elementary school;
185,129
Section
129. 120.125 (2) (a) 4. of the statutes is amended to read:
120.125 (2) (a) 4. The school board intends to provide before- and after-school day child care services in the elementary school;
185,130
Section
130. 120.125 (2) (b) of the statutes is amended to read:
120.125 (2) (b) The school board may deny a request under par. (a) 6. if the school board intends to solicit day child care providers to submit requests to provide before- and after-school day child care programs in the elementary school for which a request under par. (a) was submitted. If a school board denies a request under this paragraph, the request submitted under par. (a) shall be considered along with requests that are submitted as a result of the school board solicitation.
185,131
Section
131. 120.125 (2) (c) of the statutes is amended to read:
120.125 (2) (c) If a school board denies a request under par. (a) or (b), the school board shall specify the reasons for denial, in writing, to the day child care provider within 60 days after the date on which the request is received.
185,132
Section
132. 120.125 (3) (a) (intro.) of the statutes is amended to read:
120.125 (3) (a) (intro.) A request submitted to a school board under sub. (2) shall be in writing, shall name the elementary school in which the before- and after-school day child care program is to be provided, and shall specify the amount of space needed, the number and ages of the pupils to be served, and the time the provider intends to operate the program. The request shall also contain all of the following assurances:
185,133
Section
133. 120.125 (3) (a) 1. of the statutes is amended to read:
120.125 (3) (a) 1. That the day child care provider will be responsible for all actual incremental costs incurred by the school as a result of permitting the day child care provider to provide a before- and after-school day child care program in the school building.
185,134
Section
134. 120.125 (3) (a) 2. of the statutes is amended to read:
120.125 (3) (a) 2. That the day child care provider will be liable to the school district for any damage to property in the operation of the before- and after-school day child care program, that the
day child care provider shall hold the school district harmless from any liability, claim, or damages caused by the acts or omissions of the day child care provider, and that the day child care provider will acquire adequate insurance coverage, as determined by the school district.
185,135
Section
135. 120.125 (3) (a) 3. of the statutes is amended to read:
120.125 (3) (a) 3. That the day child care provider will not provide religious instruction or permit religious practices to be conducted during the before- and after-school day child care program.
185,136
Section
136. 120.125 (3) (b) of the statutes is amended to read:
120.125 (3) (b) A school board shall conditionally grant a request submitted by a day child care provider if all the requirements under par. (a) are met and sub. (2) (a) 1. to 6. and (b) does not apply.
185,137
Section
137. 120.125 (4) (intro.) of the statutes is amended to read:
120.125 (4) (intro.) If a request under sub. (3) is conditionally accepted by the school board, the school board shall enter into a written agreement with the day
child care provider that specifies the hours during the day in which the day child care provider is to occupy the school premises and the rooms, facilities, or equipment that are to be used by the day child care provider. The agreement shall also provide all of the following:
185,138
Section
138. 120.125 (4) (a) of the statutes is amended to read:
120.125 (4) (a) Except as provided under s. 121.545 (2), that the school board is not responsible for providing transportation to or from the before- and after-school day child care program.
185,139
Section
139. 120.125 (4) (b) of the statutes is amended to read:
120.125 (4) (b) That nothing in the agreement would prohibit the school board from permitting other day
child care providers to provide day child care services to pupils in the same building during the same time and that nothing in the agreement would prohibit the school district from providing before- and after-school day child care programs in the same building and during the same time in which the day child care provider provides before- and after-school day child care programs.
185,140
Section
140. 120.125 (4) (c) of the statutes is amended to read:
120.125 (4) (c) That the agreement may be terminated by the school board at the end of a school year if the school board intends to provide day child care for the pupils in the elementary school or intends to solicit other day child care providers to provide services during the following school year.
185,141
Section
141. 120.125 (4) (d) of the statutes is amended to read:
120.125 (4) (d) That the school board may review and terminate the agreement at any time, with 30 days' prior written notice to the day child care provider, if any of the conditions in the agreement are violated by the day child care provider.
185,142
Section
142. 120.125 (4) (e) of the statutes is amended to read:
120.125 (4) (e) That the day child care provider shall be responsible for all actual costs incurred by the school district as a result of the agreement, the costs of which shall be paid to the school district at times specified by the school board in the agreement.
185,143
Section
143. 120.125 (4) (f) of the statutes is amended to read:
120.125 (4) (f) That the day child care provider shall be liable to the school district for any damage to property in the operation of the before- and after-school day
child care program, that the day child care provider shall hold the school district harmless from any liability, claim, or damages caused by the acts or omissions of the day
child care provider, and that the day child care provider shall acquire adequate insurance, as determined by the school district, to be in effect beginning the first day on which the day child care provider provides the before- and after-school day child care program.
185,144
Section
144. 120.125 (4) (g) of the statutes is amended to read:
120.125 (4) (g) That the day child care provider shall not provide religious instruction or permit religious practices to be conducted during the before- and after-school day child care program.
185,145
Section
145. 120.125 (4) (h) of the statutes is amended to read:
120.125 (4) (h) That the day child care provider shall meet the standards for licensed day child care centers established by the department of children and families.
185,146
Section
146. 120.13 (14) of the statutes is amended to read:
120.13 (14) Day Child care programs. Establish and provide or contract for the provision of day
child care programs for children. The school board may receive federal or state funds for this purpose. The school board may charge a fee for all or part of the cost of the service for participation in a day child care program established under this subsection. Costs associated with a day
child care program under this subsection may not be included in shared costs under s. 121.07 (6). Day Child care programs established under this subsection shall meet the standards for licensed day child care centers established by the department of children and families. If a school board proposes to contract for or renew a contract for the provision of a day child care program under this subsection or if on July 1, 1996, a school board is a party to a contract for the provision of a day child care program under this subsection, the school board shall refer the contractor or proposed contractor to the department of children and families for the criminal history and child abuse record search required under s. 48.685. Each school board shall provide the department of health services with information about each person who is denied a contract for a reason specified in s. 48.685 (4m) (a) 1. to 5.
185,147
Section
147. 120.13 (36) of the statutes is amended to read:
120.13 (36) Prekindergarten and kindergarten program agreements. Enter into an agreement with a licensed public or private nonsectarian day child care center to lease space for prekindergarten or kindergarten programs offered by the school district or to place school district employees in day child care centers to provide instruction in prekindergarten or kindergarten programs offered by the school district.
