SB346: Bill Text

SB346, s. 99 Section 99. 49.137 (1) (e) of the statutes is amended to read:

SB346,36,7 49.137 (1) (e) "Group day child care center" has the meaning given in s. 49.136 (1) (k).

SB346, s. 100 Section 100. 49.155 (1) (am) of the statutes is amended to read:

SB346,36,10 49.155 (1) (am) "Level I certified family day child care provider" means a day child care provider certified under s. 48.651 (1) (a).

SB346, s. 101 Section 101. 49.155 (1) (b) of the statutes is amended to read:

SB346,36,13 49.155 (1) (b) "Level II certified family day child care provider" means a day child care provider certified under s. 48.651 (1) (b).

SB346, s. 102 Section 102. 49.155 (1d) (a) of the statutes is amended to read:

SB346,37,4 49.155 (1d) (a) The department shall promulgate rules establishing standards for the certification of child care providers under s. 48.651. The department shall consult with the child abuse and neglect prevention board before promulgating those rules. In establishing the requirements for certification under this paragraph of a child care provider, the department shall include a requirement that all providers and all employees and volunteers of a provider who provide care and supervision for children receive, before the date on which the provider is certified or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome, if the provider, employee, or volunteer provides care and supervision for children under one year of age, and the training relating to shaken baby syndrome and impacted babies required under s. 253.15 (4) (b) or (c), if the provider, employee, or volunteer provides care and supervision for children under 5 years of age. In establishing the requirements for certification as a Level II certified family day child care provider, the department may not include any other requirement for training for providers.

SB346, s. 103 Section 103. 49.155 (1d) (b) of the statutes is amended to read:

SB346,37,14 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.

SB346, s. 104 Section 104. 49.155 (1g) (bc) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB346,37,18 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.

SB346, s. 105 Section 105. 49.155 (4) of the statutes is amended to read:

SB346,37,24 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).

SB346, s. 106 Section 106. 49.155 (6) (b) of the statutes is amended to read:

SB346,38,5 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).

SB346, s. 107 Section 107. 49.155 (6) (c) of the statutes is amended to read:

SB346,38,11 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).

SB346, s. 108 Section 108. 49.155 (6) (cm) of the statutes is amended to read:

SB346,38,15 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.

SB346, s. 109 Section 109. 49.826 (2) (a) 1. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB346,38,18 49.826 (2) (a) 1. Certify day child care providers under s. 48.651.

SB346, s. 110 Section 110. 66.1017 (title) of the statutes is amended to read:

SB346,38,20 66.1017 (title) Family day child care homes.

SB346, s. 111 Section 111. 66.1017 (1) (a) of the statutes is amended to read:

SB346,38,24 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.

SB346, s. 112 Section 112. 66.1017 (2) of the statutes is amended to read:

SB346,39,7 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.

SB346, s. 113 Section 113. 71.07 (2dd) (a) 1. of the statutes is amended to read:

SB346,39,12 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.

SB346, s. 114 Section 114. 71.28 (1dd) (a) 1. of the statutes is amended to read:

SB346,39,17 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.

SB346, s. 115 Section 115. 71.47 (1dd) (a) 1. of the statutes is amended to read:

SB346,39,22 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.

SB346, s. 116 Section 116. 73.0301 (1) (d) 2. of the statutes is amended to read:

SB346,40,3 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).

SB346, s. 117 Section 117. 77.54 (20n) (b) of the statutes, as created by 2009 Wisconsin Act 2, is amended to read:

SB346,40,14 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.

SB346, s. 118 Section 118. 101.123 (1) (ad) of the statutes is renumbered 101.123 (1) (abm) and amended to read:

SB346,40,18 101.123 (1) (abm) "Day Child care center" has the meaning given in s. 49.136 (1) (d) (ad).

SB346, s. 119 Section 119. 101.123 (2) (a) 1r. of the statutes, as created by 2009 Wisconsin Act 12, is amended to read:

SB346,40,21 101.123 (2) (a) 1r. Day Child care centers.

SB346, s. 120 Section 120. 101.123 (2) (d) 2. of the statutes, as affected by 2009 Wisconsin Act 12, is amended to read:

SB346,40,25 101.123 (2) (d) 2. Anywhere on the premises of a day child care center when children who are receiving day child care services are present.

SB346, s. 121 Section 121. 111.02 (6) (am) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB346,41,6 111.02 (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.

SB346, s. 122 Section 122 . 115.812 (1) of the statutes is amended to read:

SB346,41,14 115.812 (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.

SB346, s. 123 Section 123 . 115.817 (8) of the statutes is amended to read:

SB346,41,24 115.817 (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).

SB346, s. 124 Section 124. 118.51 (2) of the statutes is amended to read:

SB346,42,8 118.51 (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.

SB346, s. 125 Section 125. 120.125 (title) of the statutes is amended to read:

SB346,42,10 120.125 (title) Before- and after-school day child care.

SB346, s. 126 Section 126. 120.125 (1) of the statutes is amended to read:

SB346,42,14 120.125 (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.

SB346, s. 127 Section 127. 120.125 (2) (a) (intro.) of the statutes is amended to read:

SB346,42,19 120.125 (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:

SB346, s. 128 Section 128. 120.125 (2) (a) 3. of the statutes is amended to read:

SB346,42,22 120.125 (2) (a) 3. Before- and after-school day child care programs exist in the elementary school;

SB346, s. 129 Section 129. 120.125 (2) (a) 4. of the statutes is amended to read:

SB346,42,25 120.125 (2) (a) 4. The school board intends to provide before- and after-school day child care services in the elementary school;

SB346, s. 130 Section 130. 120.125 (2) (b) of the statutes is amended to read:

SB346,43,7 120.125 (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.

SB346, s. 131 Section 131. 120.125 (2) (c) of the statutes is amended to read:

SB346,43,11 120.125 (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.

SB346, s. 132 Section 132. 120.125 (3) (a) (intro.) of the statutes is amended to read:

SB346,43,18 120.125 (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:

SB346, s. 133 Section 133. 120.125 (3) (a) 1. of the statutes is amended to read:

SB346,43,23 120.125 (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.

SB346, s. 134 Section 134. 120.125 (3) (a) 2. of the statutes is amended to read:

SB346,44,6 120.125 (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.

SB346, s. 135 Section 135. 120.125 (3) (a) 3. of the statutes is amended to read:

SB346,44,10 120.125 (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.

SB346, s. 136 Section 136. 120.125 (3) (b) of the statutes is amended to read:

SB346,44,14 120.125 (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.

SB346, s. 137 Section 137. 120.125 (4) (intro.) of the statutes is amended to read:

SB346,44,21 120.125 (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:

SB346, s. 138 Section 138. 120.125 (4) (a) of the statutes is amended to read:

SB346,44,25 120.125 (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.

SB346, s. 139 Section 139. 120.125 (4) (b) of the statutes is amended to read:

SB346,45,7 120.125 (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.

SB346, s. 140 Section 140. 120.125 (4) (c) of the statutes is amended to read:

SB346,45,12 120.125 (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.

SB346, s. 141 Section 141. 120.125 (4) (d) of the statutes is amended to read:

SB346,45,16 120.125 (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.

SB346, s. 142 Section 142. 120.125 (4) (e) of the statutes is amended to read:

SB346,45,21 120.125 (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.

SB346, s. 143 Section 143. 120.125 (4) (f) of the statutes is amended to read: