AB485, s. 120 22Section 120. 101.123 (2) (d) 2. of the statutes, as affected by 2009 Wisconsin
23Act 12
, is amended to read:
AB485,40,2524 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.
AB485, s. 121
1Section 121. 111.02 (6) (am) of the statutes, as created by 2009 Wisconsin Act
228
, is amended to read:
AB485,41,63 111.02 (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.
AB485, s. 122 7Section 122 . 115.812 (1) of the statutes is amended to read:
AB485,41,148 115.812 (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.
AB485, s. 123 15Section 123 . 115.817 (8) of the statutes is amended to read:
AB485,41,2416 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).
AB485, s. 124 25Section 124. 118.51 (2) of the statutes is amended to read:
AB485,42,8
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.
AB485, s. 125 9Section 125. 120.125 (title) of the statutes is amended to read:
AB485,42,10 10120.125 (title) Before- and after-school day child care.
AB485, s. 126 11Section 126. 120.125 (1) of the statutes is amended to read:
AB485,42,1412 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.
AB485, s. 127 15Section 127. 120.125 (2) (a) (intro.) of the statutes is amended to read:
AB485,42,1916 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:
AB485, s. 128 20Section 128. 120.125 (2) (a) 3. of the statutes is amended to read:
AB485,42,2221 120.125 (2) (a) 3. Before- and after-school day child care programs exist in the
22elementary school;
AB485, s. 129 23Section 129. 120.125 (2) (a) 4. of the statutes is amended to read:
AB485,42,2524 120.125 (2) (a) 4. The school board intends to provide before- and after-school
25day child care services in the elementary school;
AB485, s. 130
1Section 130. 120.125 (2) (b) of the statutes is amended to read:
AB485,43,72 120.125 (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.
AB485, s. 131 8Section 131. 120.125 (2) (c) of the statutes is amended to read:
AB485,43,119 120.125 (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.
AB485, s. 132 12Section 132. 120.125 (3) (a) (intro.) of the statutes is amended to read:
AB485,43,1813 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:
AB485, s. 133 19Section 133. 120.125 (3) (a) 1. of the statutes is amended to read:
AB485,43,2320 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.
AB485, s. 134 24Section 134. 120.125 (3) (a) 2. of the statutes is amended to read:
AB485,44,6
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.
AB485, s. 135 7Section 135. 120.125 (3) (a) 3. of the statutes is amended to read:
AB485,44,108 120.125 (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.
AB485, s. 136 11Section 136. 120.125 (3) (b) of the statutes is amended to read:
AB485,44,1412 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.
AB485, s. 137 15Section 137. 120.125 (4) (intro.) of the statutes is amended to read:
AB485,44,2116 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:
AB485, s. 138 22Section 138. 120.125 (4) (a) of the statutes is amended to read:
AB485,44,2523 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.
AB485, s. 139
1Section 139. 120.125 (4) (b) of the statutes is amended to read:
AB485,45,72 120.125 (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.
AB485, s. 140 8Section 140. 120.125 (4) (c) of the statutes is amended to read:
AB485,45,129 120.125 (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.
AB485, s. 141 13Section 141. 120.125 (4) (d) of the statutes is amended to read:
AB485,45,1614 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.
AB485, s. 142 17Section 142. 120.125 (4) (e) of the statutes is amended to read:
AB485,45,2118 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.
AB485, s. 143 22Section 143. 120.125 (4) (f) of the statutes is amended to read:
AB485,46,523 120.125 (4) (f) That the day child care provider shall be liable to the school
24district for any damage to property in the operation of the before- and after-school
25day child care program, that the day child care provider shall hold the school district

1harmless from any liability, claim, or damages caused by the acts or omissions of the
2day child care provider, and that the day child care provider shall acquire adequate
3insurance, as determined by the school district, to be in effect beginning the first day
4on which the day child care provider provides the before- and after-school day child
5care program.
AB485, s. 144 6Section 144. 120.125 (4) (g) of the statutes is amended to read:
AB485,46,97 120.125 (4) (g) That the day child care provider shall not provide religious
8instruction or permit religious practices to be conducted during the before- and
9after-school day child care program.
AB485, s. 145 10Section 145. 120.125 (4) (h) of the statutes is amended to read:
AB485,46,1311 120.125 (4) (h) That the day child care provider shall meet the standards for
12licensed day child care centers established by the department of children and
13families.
AB485, s. 146 14Section 146. 120.13 (14) of the statutes is amended to read:
AB485,47,515 120.13 (14) Day Child care programs. Establish and provide or contract for
16the provision of day child care programs for children. The school board may receive
17federal or state funds for this purpose. The school board may charge a fee for all or
18part of the cost of the service for participation in a day child care program established
19under this subsection. Costs associated with a day child care program under this
20subsection may not be included in shared costs under s. 121.07 (6). Day Child care
21programs established under this subsection shall meet the standards for licensed
22day child care centers established by the department of children and families. If a
23school board proposes to contract for or renew a contract for the provision of a day
24child care program under this subsection or if on July 1, 1996, a school board is a
25party to a contract for the provision of a day child care program under this subsection,

1the school board shall refer the contractor or proposed contractor to the department
2of children and families for the criminal history and child abuse record search
3required under s. 48.685. Each school board shall provide the department of health
4services with information about each person who is denied a contract for a reason
5specified in s. 48.685 (4m) (a) 1. to 5.
AB485, s. 147 6Section 147. 120.13 (36) of the statutes is amended to read:
AB485,47,127 120.13 (36) Prekindergarten and kindergarten program agreements. Enter
8into an agreement with a licensed public or private nonsectarian day child care
9center to lease space for prekindergarten or kindergarten programs offered by the
10school district or to place school district employees in day child care centers to provide
11instruction in prekindergarten or kindergarten programs offered by the school
12district.
AB485, s. 148 13Section 148. 121.54 (2) (am) of the statutes is amended to read:
AB485,47,1814 121.54 (2) (am) In lieu of transporting a pupil who is eligible for transportation
15under par. (a) to and from his or her residence, a school district may transport the
16pupil to or from, or both, a before- and after-school day child care program under s.
17120.125, a day child care program under s. 120.13 (14), or any other day child care
18program, family day child care home , or child care provider.
AB485, s. 149 19Section 149. 121.545 (2) of the statutes is amended to read:
AB485,48,320 121.545 (2) A school board may provide transportation for children residing in
21the school district whom the school district is not required to transport under s.
22121.54 to or from, or both, a before- and after-school day child care program under
23s. 120.125, a prekindergarten class under s. 120.13 (13), a day child care program
24under s. 120.13 (14), or any other day child care program, family day child care home,
25child care provider, or prekindergarten class. The school board may charge a fee for

1the cost of providing such transportation. The school board may waive the fee or any
2portion of the fee for any person who is unable to pay the fee. State aid shall not be
3provided for transportation under this subsection.
AB485, s. 150 4Section 150. 234.83 (3) (a) 2. of the statutes is amended to read:
AB485,48,65 234.83 (3) (a) 2. The start-up of a day child care business, including the
6purchase or improvement of land, buildings, machinery, equipment, or inventory.
AB485, s. 151 7Section 151. 252.04 (2) of the statutes is amended to read:
AB485,48,168 252.04 (2) Any student admitted to any elementary, middle, junior, or senior
9high school or into any day child care center or nursery school shall, within 30 school
10days after the date on which the student is admitted, present written evidence to the
11school, day child care center, or nursery school of having completed the first
12immunization for each vaccine required for the student's grade and being on
13schedule for the remainder of the basic and recall (booster) immunization series for
14mumps, measles, rubella (German measles), diphtheria, pertussis (whooping
15cough), poliomyelitis, tetanus, and other diseases that the department specifies by
16rule or shall present a written waiver under sub. (3).
AB485, s. 152 17Section 152. 252.04 (3) of the statutes is amended to read:
AB485,48,2418 252.04 (3) The immunization requirement is waived if the student, if an adult,
19or the student's parent, guardian, or legal custodian submits a written statement to
20the school, day child care center , or nursery school objecting to the immunization for
21reasons of health, religion, or personal conviction. At the time any school, day child
22care center, or nursery school notifies a student, parent, guardian, or legal custodian
23of the immunization requirements, it shall inform the person in writing of the
24person's right to a waiver under this subsection.
AB485, s. 153 25Section 153. 252.04 (4) of the statutes is amended to read:
AB485,49,3
1252.04 (4) The student, if an adult, or the student's parent, guardian, or legal
2custodian shall keep the school, day child care center, or nursery school informed of
3the student's compliance with the immunization schedule.
AB485, s. 154 4Section 154. 252.04 (5) (a) of the statutes is amended to read:
AB485,49,135 252.04 (5) (a) By the 15th and the 25th school day after the date on which the
6student is admitted to a school, day child care center, or nursery school, the school,
7day child care center, or nursery school shall notify in writing any adult student or
8the parent, guardian, or legal custodian of any minor student who has not met the
9immunization or waiver requirements of this section. The notices shall cite the terms
10of those requirements and shall state that court action and forfeiture penalty could
11result due to noncompliance. The notices shall also explain the reasons for the
12immunization requirements and include information on how and where to obtain the
13required immunizations.
AB485, s. 155 14Section 155. 252.04 (5) (b) 1. of the statutes is amended to read:
AB485,49,1715 252.04 (5) (b) 1. A school, day child care center, or nursery school may exclude
16from the school, day child care center, or nursery school any student who fails to
17satisfy the requirements of sub. (2).
AB485, s. 156 18Section 156. 252.04 (5) (b) 2. of the statutes is amended to read:
AB485,49,2419 252.04 (5) (b) 2. Beginning on July 1, 1993, if the department determines that
20fewer than 98% of the students in a day child care center, nursery school, or school
21district who are subject to the requirements of sub. (2) have complied with sub. (2),
22the day child care center or nursery school shall exclude any child who fails to satisfy
23the requirements of sub. (2) and the school district shall exclude any student enrolled
24in grades kindergarten to 6 who fails to satisfy the requirements of sub. (2).
AB485, s. 157 25Section 157. 252.04 (5) (b) 3. of the statutes is amended to read:
AB485,50,6
1252.04 (5) (b) 3. Beginning on July 1, 1995, if the department determines that
2fewer than 99% of the students in a day child care center, nursery school, or school
3district who are subject to the requirements of sub. (2) have complied with sub. (2),
4the day child care center or nursery school shall exclude any child who fails to satisfy
5the requirements of sub. (2) and the school district shall exclude any student enrolled
6in grades kindergarten to 6 who fails to satisfy the requirements of sub. (2).
AB485, s. 158 7Section 158. 252.04 (6) of the statutes is amended to read:
AB485,50,198 252.04 (6) The school, day child care center, or nursery school shall notify the
9district attorney of the county in which the student resides of any minor student who
10fails to present written evidence of completed immunizations or a written waiver
11under sub. (3) within 60 school days after being admitted to the school, day child care
12center, or nursery school. The district attorney shall petition the court exercising
13jurisdiction under chs. 48 and 938 for an order directing that the student be in
14compliance with the requirements of this section. If the court grants the petition, the
15court may specify the date by which a written waiver shall be submitted under sub.
16(3) or may specify the terms of the immunization schedule. The court may require
17an adult student or the parent, guardian, or legal custodian of a minor student who
18refuses to submit a written waiver by the specified date or meet the terms of the
19immunization schedule to forfeit not more than $25 per day of violation.
AB485, s. 159 20Section 159. 252.21 (1) of the statutes is amended to read:
AB485,50,2321 252.21 (1) If a teacher, school nurse, or principal of any school or day child care
22center knows or suspects that a communicable disease is present in the school or
23center, he or she shall at once notify the local health officer.
AB485, s. 160 24Section 160. 253.15 (2) of the statutes, as affected by 2009 Wisconsin Act 28,
25is amended to read:
AB485,51,23
1253.15 (2) Informational materials. The board shall purchase or prepare or
2arrange with a nonprofit organization to prepare printed and audiovisual materials
3relating to shaken baby syndrome and impacted babies. The materials shall include
4information regarding the identification and prevention of shaken baby syndrome
5and impacted babies, the grave effects of shaking or throwing on an infant or young
6child, appropriate ways to manage crying, fussing, or other causes that can lead a
7person to shake or throw an infant or young child, and a discussion of ways to reduce
8the risks that can lead a person to shake or throw an infant or young child. The
9materials shall be prepared in English, Spanish, and other languages spoken by a
10significant number of state residents, as determined by the board. The board shall
11make those written and audiovisual materials available to all hospitals, maternity
12homes, and nurse-midwives licensed under s. 441.15 that are required to provide or
13make available materials to parents under sub. (3) (a) 1., to the department and to
14all county departments and nonprofit organizations that are required to provide the
15materials to day child care providers under sub. (4) (d), and to all school boards and
16nonprofit organizations that are permitted to provide the materials to pupils in one
17of grades 5 to 8 and in one of grades 10 to 12 under sub. (5). The board shall also make
18those written materials available to all county departments and Indian tribes that
19are providing home visitation services under s. 48.983 (4) (b) 1. and to all providers
20of prenatal, postpartum, and young child care coordination services under s. 49.45
21(44). The board may make available the materials required under this subsection
22to be made available by making those materials available at no charge on the board's
23Internet site.
AB485, s. 161 24Section 161. 253.15 (4) (title) of the statutes is amended to read:
AB485,51,2525 253.15 (4) (title) Training for day child care providers.
AB485, s. 162
1Section 162. 253.15 (4) of the statutes, as affected by 2009 Wisconsin Act 28,
2is renumbered 253.15 (4) (a) and amended to read:
AB485,52,93 253.15 (4) (a) Before an individual may obtain a license to operate a day child
4care center under s. 48.65 for the care and supervision of children under 5 years of
5age or enter into a contract to provide a day child care program under s. 120.13 (14)
6for the care and supervision of children under 5 years of age, the individual shall
7receive training relating to shaken baby syndrome and impacted babies that is
8approved or provided by the department or that is provided by a nonprofit
9organization arranged by the department to provide that training.
AB485,52,16 10(b) Before an individual may be certified under s. 48.651 as a day child care
11provider of children under 5 years of age, the individual shall receive training
12relating to shaken baby syndrome and impacted babies that is approved or provided
13by the certifying department in a county having a population of 500,000 or more,
14county department, or agency contracted with under s. 48.651 (2) or that is provided
15by a nonprofit organization arranged by that department, county department, or
16contracted agency to provide that training.
AB485,52,24 17(c) Before an employee or volunteer of a day child care center licensed under
18s. 48.65, a day child care provider certified under s. 48.651, or a day child care
19program established under s. 120.13 (14) may provide care and supervision for
20children under 5 years of age, the employee or volunteer shall receive training
21relating to shaken baby syndrome and impacted babies that is approved or provided
22by the department or the certifying county department or agency contracted with
23under s. 48.651 (2) or that is provided by a nonprofit organization arranged by the
24department or that county department or contracted agency to provide that training.
AB485,53,5
1(d) The person conducting the training shall provide to the individual receiving
2the training, without cost to the individual, a copy of the written materials purchased
3or prepared under sub. (2), a presentation of the audiovisual materials purchased or
4prepared under sub. (2), and an oral explanation of those written and audiovisual
5materials.
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