SB350: Bill Text

SB350, s. 104 Section 104. 101.123 (1) (ad) of the statutes is amended to read:

SB350,35,22 101.123 (1) (ad) "Day Child care center" has the meaning given in s. 49.136 (1) (d) (ad).

SB350, s. 105 Section 105. 101.123 (2) (bm) of the statutes is amended to read:

SB350,36,3 101.123 (2) (bm) Notwithstanding par. (a) and sub. (3), no person may smoke on the premises, indoors or outdoors, of a day child care center when children who are receiving day child care services are present.

SB350, s. 106 Section 106 . 101.123 (4) (a) 2. of the statutes is amended to read:

SB350,36,19 101.123 (4) (a) 2. A person in charge or his or her agent may not designate an entire building as a smoking area or designate any smoking areas in the state capitol building, in the immediate vicinity of the state capitol, in a Type 1 juvenile correctional facility, on the grounds of a Type 1 juvenile correctional facility, in a motor bus, hospital, or physician's office or on the premises, indoors or outdoors, of a day child care center when children who are receiving day child care services are present, in a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System, or in any location that is 25 feet or less from such a residence hall or dormitory, except that in a hospital or a unit of a hospital that has as its primary purpose the care and treatment of mental illness, alcoholism, or drug abuse a person in charge or his or her agent may designate one or more enclosed rooms with outside ventilation as smoking areas for the use of adult patients who have the written permission of a physician. Subject to this subdivision and sub. (3) (b), a person in charge or his or her agent may not designate an entire room as a smoking area.

SB350, s. 107 Section 107 . 115.812 (1) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB350,37,3 115.812 (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.

SB350, s. 108 Section 108 . 115.817 (8) of the statutes is amended to read:

SB350,37,13 115.817 (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).

SB350, s. 109 Section 109. 118.51 (2) of the statutes is amended to read:

SB350,37,22 118.51 (2) Applicability. A pupil may attend a public school, including a prekindergarten, 4-year-old kindergarten, 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, 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.

SB350, s. 110 Section 110. 120.125 (title) of the statutes is amended to read:

SB350,37,24 120.125 (title) Before- and after-school day child care.

SB350, s. 111 Section 111. 120.125 (1) of the statutes is amended to read:

SB350,38,3 120.125 (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.

SB350, s. 112 Section 112. 120.125 (2) (a) (intro.) of the statutes is amended to read:

SB350,38,8 120.125 (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:

SB350, s. 113 Section 113. 120.125 (2) (a) 3. of the statutes is amended to read:

SB350,38,11 120.125 (2) (a) 3. Before- and after-school day child care programs exist in the elementary school;

SB350, s. 114 Section 114. 120.125 (2) (a) 4. of the statutes is amended to read:

SB350,38,14 120.125 (2) (a) 4. The school board intends to provide before- and after-school day child care services in the elementary school;

SB350, s. 115 Section 115. 120.125 (2) (b) of the statutes is amended to read:

SB350,38,21 120.125 (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.

SB350, s. 116 Section 116. 120.125 (2) (c) of the statutes is amended to read:

SB350,38,25 120.125 (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.

SB350, s. 117 Section 117. 120.125 (3) (a) (intro.) of the statutes is amended to read:

SB350,39,7 120.125 (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:

SB350, s. 118 Section 118. 120.125 (3) (a) 1. of the statutes is amended to read:

SB350,39,12 120.125 (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.

SB350, s. 119 Section 119. 120.125 (3) (a) 2. of the statutes is amended to read:

SB350,39,19 120.125 (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.

SB350, s. 120 Section 120. 120.125 (3) (a) 3. of the statutes is amended to read:

SB350,39,23 120.125 (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.

SB350, s. 121 Section 121. 120.125 (3) (b) of the statutes is amended to read:

SB350,40,3 120.125 (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.

SB350, s. 122 Section 122. 120.125 (4) (intro.) of the statutes is amended to read:

SB350,40,10 120.125 (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:

SB350, s. 123 Section 123. 120.125 (4) (a) of the statutes is amended to read:

SB350,40,14 120.125 (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.

SB350, s. 124 Section 124. 120.125 (4) (b) of the statutes is amended to read:

SB350,40,21 120.125 (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.

SB350, s. 125 Section 125. 120.125 (4) (c) of the statutes is amended to read:

SB350,41,2 120.125 (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.

SB350, s. 126 Section 126. 120.125 (4) (d) of the statutes is amended to read:

SB350,41,6 120.125 (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.

SB350, s. 127 Section 127. 120.125 (4) (e) of the statutes is amended to read:

SB350,41,11 120.125 (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.

SB350, s. 128 Section 128. 120.125 (4) (f) of the statutes is amended to read:

SB350,41,20 120.125 (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.

SB350, s. 129 Section 129. 120.125 (4) (g) of the statutes is amended to read:

SB350,41,24 120.125 (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.

SB350, s. 130 Section 130. 120.125 (4) (h) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB350,42,5 120.125 (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.

SB350, s. 131 Section 131. 120.13 (14) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB350,42,23 120.13 (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 and family services with information about each person who is denied a contract for a reason specified in s. 48.685 (4m) (a) 1. to 5.

SB350, s. 132 Section 132. 120.13 (36) of the statutes is amended to read:

SB350,43,6 120.13 (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.

SB350, s. 133 Section 133. 121.54 (2) (am) of the statutes is amended to read:

SB350,43,12 121.54 (2) (am) In lieu of transporting a pupil who is eligible for transportation under par. (a) to and from his or her residence, a school district may transport the pupil to or from, or both, a before- and after-school day child care program under s. 120.125, a day child care program under s. 120.13 (14), or any other day child care program, family day child care home , or child care provider.

SB350, s. 134 Section 134. 121.545 (2) of the statutes is amended to read:

SB350,43,22 121.545 (2) A school board may provide transportation for children residing in the school district whom the school district is not required to transport under s. 121.54 to or from, or both, a before- and after-school day child care program under s. 120.125, a prekindergarten class under s. 120.13 (13), a day child care program under s. 120.13 (14), or any other day child care program, family day child care home, child care provider, or prekindergarten class. The school board may charge a fee for the cost of providing such transportation. The school board may waive the fee or any portion of the fee for any person who is unable to pay the fee. State aid shall not be provided for transportation under this subsection.

SB350, s. 135 Section 135. 234.83 (3) (a) 2. of the statutes is amended to read:

SB350,43,25 234.83 (3) (a) 2. The start-up of a day child care business, including the purchase or improvement of land, buildings, machinery, equipment, or inventory.

SB350, s. 136 Section 136. 252.04 (2) of the statutes is amended to read:

SB350,44,10 252.04 (2) Any student admitted to any elementary, middle, junior, or senior high school or into any day child care center or nursery school shall, within 30 school days after the date on which the student is admitted, present written evidence to the school, day child care center, or nursery school of having completed the first immunization for each vaccine required for the student's grade and being on schedule for the remainder of the basic and recall (booster) immunization series for mumps, measles, rubella (German measles), diphtheria, pertussis (whooping cough), poliomyelitis, tetanus, and other diseases that the department specifies by rule or shall present a written waiver under sub. (3).

SB350, s. 137 Section 137. 252.04 (3) of the statutes is amended to read:

SB350,44,18 252.04 (3) The immunization requirement is waived if the student, if an adult, or the student's parent, guardian, or legal custodian submits a written statement to the school, day child care center , or nursery school objecting to the immunization for reasons of health, religion, or personal conviction. At the time any school, day child care center, or nursery school notifies a student, parent, guardian, or legal custodian of the immunization requirements, it shall inform the person in writing of the person's right to a waiver under this subsection.

SB350, s. 138 Section 138. 252.04 (4) of the statutes is amended to read:

SB350,44,22 252.04 (4) The student, if an adult, or the student's parent, guardian, or legal custodian shall keep the school, day child care center, or nursery school informed of the student's compliance with the immunization schedule.

SB350, s. 139 Section 139. 252.04 (5) (a) of the statutes is amended to read:

SB350,45,7 252.04 (5) (a) By the 15th and the 25th school day after the date on which the student is admitted to a school, day child care center, or nursery school, the school, day child care center, or nursery school shall notify in writing any adult student or the parent, guardian, or legal custodian of any minor student who has not met the immunization or waiver requirements of this section. The notices shall cite the terms of those requirements and shall state that court action and forfeiture penalty could result due to noncompliance. The notices shall also explain the reasons for the immunization requirements and include information on how and where to obtain the required immunizations.

SB350, s. 140 Section 140. 252.04 (5) (b) 1. of the statutes is amended to read:

SB350,45,11 252.04 (5) (b) 1. A school, day child care center, or nursery school may exclude from the school, day child care center, or nursery school any student who fails to satisfy the requirements of sub. (2).

SB350, s. 141 Section 141. 252.04 (5) (b) 2. of the statutes is amended to read:

SB350,45,18 252.04 (5) (b) 2. Beginning on July 1, 1993, if the department determines that fewer than 98% of the students in a day child care center, nursery school, or school district who are subject to the requirements of sub. (2) have complied with sub. (2), the day child care center or nursery school shall exclude any child who fails to satisfy the requirements of sub. (2) and the school district shall exclude any student enrolled in grades kindergarten to 6 who fails to satisfy the requirements of sub. (2).

SB350, s. 142 Section 142. 252.04 (5) (b) 3. of the statutes is amended to read:

SB350,45,25 252.04 (5) (b) 3. Beginning on July 1, 1995, if the department determines that fewer than 99% of the students in a day child care center, nursery school, or school district who are subject to the requirements of sub. (2) have complied with sub. (2), the day child care center or nursery school shall exclude any child who fails to satisfy the requirements of sub. (2) and the school district shall exclude any student enrolled in grades kindergarten to 6 who fails to satisfy the requirements of sub. (2).

SB350, s. 143 Section 143. 252.04 (6) of the statutes is amended to read:

SB350,46,13 252.04 (6) The school, day child care center, or nursery school shall notify the district attorney of the county in which the student resides of any minor student who fails to present written evidence of completed immunizations or a written waiver under sub. (3) within 60 school days after being admitted to the school, day child care center, or nursery school. The district attorney shall petition the court exercising jurisdiction under chs. 48 and 938 for an order directing that the student be in compliance with the requirements of this section. If the court grants the petition, the court may specify the date by which a written waiver shall be submitted under sub. (3) or may specify the terms of the immunization schedule. The court may require an adult student or the parent, guardian, or legal custodian of a minor student who refuses to submit a written waiver by the specified date or meet the terms of the immunization schedule to forfeit not more than $25 per day of violation.

SB350, s. 144 Section 144. 252.21 (1) of the statutes is amended to read:

SB350,46,17 252.21 (1) If a teacher, school nurse, or principal of any school or day child care center knows or suspects that a communicable disease is present in the school or center, he or she shall at once notify the local health officer.

SB350, s. 145 Section 145. 253.15 (2) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB350,47,17 253.15 (2) Informational materials. The board shall purchase or prepare or arrange with a nonprofit organization to prepare printed and audiovisual materials relating to shaken baby syndrome and impacted babies. The materials shall include information regarding the identification and prevention of shaken baby syndrome and impacted babies, the grave effects of shaking or throwing on an infant or young child, appropriate ways to manage crying, fussing, or other causes that can lead a person to shake or throw an infant or young child, and a discussion of ways to reduce the risks that can lead a person to shake or throw an infant or young child. The materials shall be prepared in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the board. The board shall make those written and audiovisual materials available to all hospitals, maternity homes, and nurse-midwives licensed under s. 441.15 that are required to provide or make available materials to parents under sub. (3) (a) 1., to the department and to all county departments and nonprofit organizations that are required to provide the materials to day child care providers under sub. (4), and to all school boards and nonprofit organizations that are permitted to provide the materials to pupils in one of grades 5 to 8 and in one of grades 10 to 12 under sub. (5). The board shall also make those written materials available to all county departments and Indian tribes that are providing home visitation services under s. 48.983 (4) (b) 1. or 2. and to all providers of prenatal, postpartum, and young child care coordination services under s. 49.45 (44). The board may make available the materials required under this subsection to be made available by making those materials available at no charge on the board's Internet site.

SB350, s. 146 Section 146. 253.15 (4) of the statutes is amended to read:

SB350,48,16 253.15 (4) Training for day child care providers. Before an individual may obtain a license to operate a day child care center under s. 48.65 for the care and supervision of children under 5 years of age or enter into a contract to provide a day child care program under s. 120.13 (14) for the care and supervision of children under 5 years of age, the individual shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the department or that is provided by a nonprofit organization arranged by the department to provide that training. Before an individual may be certified under s. 48.651 as a day child care provider of children under 5 years of age, the individual shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the certifying county department or that is provided by a nonprofit organization arranged by that county department to provide that training. Before an employee or volunteer of a day child care center licensed under s. 48.65, a day child care provider certified under s. 48.651, or a day child care program established under s. 120.13 (14) may provide care and supervision for children under 5 years of age, the employee or volunteer shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the department or the certifying county department or that is provided by a nonprofit organization arranged by the department or county department to provide that training. The person conducting the training shall provide to the individual receiving the training, without cost to the individual, a copy of the written materials purchased or prepared under sub. (2), a presentation of the audiovisual materials purchased or prepared under sub. (2), and an oral explanation of those written and audiovisual materials.

SB350, s. 147 Section 147. 254.162 (1) (c) of the statutes is amended to read:

SB350,48,20 254.162 (1) (c) Day Child care providers certified under s. 48.651 and day child care centers licensed under s. 48.65, provisionally licensed under s. 48.69, or established or contracted for under s. 120.13 (14).

SB350, s. 148 Section 148. 254.168 (4) of the statutes is amended to read: