Chapter 49

49.114 Annotation Grants to a faith-based counseling organization that integrated religion into its counseling program were unconstitutional when there were insufficient safeguards in place to insure that public funding did not contribute to a religious end. Freedom From Religion Foundation, Inc. v. McCallum, 179 F. Supp. 2d 950 (2002).

49.131 49.131 Electronic transfer of benefits.

49.131(1) (1) The department shall request any necessary authorization from the appropriate federal agency to deliver benefits that are administered by the department to recipients of benefits by an electronic benefit transfer system.

49.131(2) (2) Subject to receiving any necessary approval from the appropriate federal agency under sub. (1), and subject to sub. (3m), the department may implement a program to deliver by an electronic benefit transfer system any benefit that is administered by the department.

49.131(3m) (3m) Prior to implementing, and receiving funding for implementing, any program to deliver by electronic means Wisconsin Works benefits or child care subsidies under s. 49.155, the department shall submit a plan for implementation to the joint committee on finance. Any plan submitted by the department shall include specific information on the vendor selected, the total start-up and ongoing costs, and how issues of fraud and program integrity will be addressed. If the department submits a plan and the cochairpersons of the committee do not notify the department within 14 working days after the date that the department submits the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the plan may be implemented and the department shall receive the necessary funding. If, within 14 working days after the date that the department submits a plan, the cochairpersons notify the department that the committee has scheduled a meeting for the purpose of reviewing the plan, the plan may be implemented, and funding received, only upon approval of the committee.

49.131 History History: 2001 a. 16 ss. 1656ug, 1656uh, 1656uv, 1656uw; 2013 a. 20.

49.132 49.132 Community-based option for elementary school readiness.

49.132(1) (1) Definitions. In this section:

49.132(1)(a) (a) “Child care provider” means a provider licensed under s. 48.65 or certified under s. 48.651.

49.132(1)(b) (b) “Elementary school readiness program” means an instructional program that provides 4-year-old children with the social and cognitive skills to successfully transition to 5-year-old kindergarten in an elementary school setting.

49.132(1)(c) (c) “School year” has the meaning given in s. 115.001 (13).

49.132(2) (2) Program. The department shall establish a community-based option for an elementary school readiness program under which a participating child care provider offers an elementary school readiness program to eligible children during the school year and receives funding from the department for each eligible child participating in the program.

49.132(3) (3) Eligibility.

49.132(3)(a) (a) Child care providers. A child care provider is eligible to participate in the program under this section if the child care provider satisfies all of the following:

49.132(3)(a)1. 1. Is in compliance with all legal, financial, and regulatory requirements imposed by law or by department rule.

49.132(3)(a)2. 2. Demonstrates to the department that it will annually provide at least 437 hours of direct child instruction in elementary school readiness to children participating in the program.

49.132(3)(a)3. 3. Demonstrates to the department that, for purposes of the program under this section, it uses a curriculum that meets the department of public instruction’s model early learning standards.

49.132(3)(a)4. 4. By no later than February 1 of the preceding school year, notifies the department of its intent to participate in the elementary school readiness program under this section according to application requirements established by the department.

49.132(3)(a)5. 5. Does not have a contract with a school district to provide a 4-year-old kindergarten for the school year in which the child care provider intends to participate in the program.

49.132(3)(b) (b) Children. A child is eligible to participate in the program under this section if all of the following apply:

49.132(3)(b)1. 1. The child is 4 years old on or before September 1 in the school year that the child proposes to participate in the program.

49.132(3)(b)2. 2. The child’s parent or guardian submits an application to participate in the program under this section, on a form prepared by the department, to a participating child care provider.

49.132(3)(b)3. 3. A participating child care provider has accepted the child’s application to attend the elementary school readiness program offered by the child care provider under this section.

49.132(4) (4) Participating child care providers; annual notice. Annually, by February 15, the department shall post on its website a list of all child care providers that have submitted a notice of intent to participate in the program under this section in the following school year. The department shall include all of the following for each participating child care provider:

49.132(4)(a) (a) The name of the child care provider.

49.132(4)(b) (b) The address at which the program under this section will be provided.

49.132(4)(c) (c) The name of and contact information for the provider or an employee of the provider who can answer questions about a child participating in the program under this section at the child care provider.

49.132(4)(d) (d) The number of spaces available with the child care provider for children participating in the program under this section.

49.132(5) (5) Funding.

49.132(5)(a) (a)

49.132(5)(a)1. 1. Except as provided in subd. 2., from the appropriation under s. 20.437 (2) (cr), for each child participating in an elementary school readiness program offered by a child care provider under this section, the department shall pay to the child care provider participating in the program under this section 0.6 times the sum of the revenue ceiling, as defined in s. 121.905 (1), for the current school year and the per pupil amount under s. 115.437 (2) (a) for the current school year.

49.132(5)(a)2. 2. If the appropriation under s. 20.437 (2) (cr) is insufficient to pay the full amount of costs under subd. 1., the department shall prorate payments among the participating child care providers under this section.

49.132(5)(b) (b) The department shall pay 25 percent of the total amount under par. (a) in September, 25 percent in November, 25 percent in February, and 25 percent in May. Each installment may consist of a single check for all children participating in the elementary school readiness program offered by the child care provider.

49.132(5)(c) (c) A child care provider may use payments received under this subsection to cover any costs associated with providing the program under this section. If a child is participating in the program under this section, the child care provider may charge additional amounts to provide care and supervision for that child outside of the elementary school readiness program hours.

49.132(6) (6) Teacher qualifications. A teacher who teaches in an elementary school readiness program offered by a child care provider under this section shall have an associate degree or bachelor’s degree.

49.132 History History: 2025 a. 15.

49.1335 49.1335 Child care access program.

49.1335(1) (1) In this section, “rural area” means a city, town, or village with a population of less than 10,000 or a county with a population of less than 50,000.

49.1335(2) (2) 

49.1335(2)(a) (a) The department shall award to Wonderschool, Inc., a grant of $1,000,000 from the allocation under s. 49.175 (1) (qm) in fiscal year 2025-26 and a grant of $1,000,000 from the appropriation under s. 20.437 (2) (bp) in fiscal year 2026-27 to do all of the following:

49.1335(2)(a)1. 1. Launch an online software platform that is linked to the department’s website to connect child care providers with child care workers.

49.1335(2)(a)2. 2. Build child care capacity in this state.

49.1335(2)(b) (b) Of any moneys expended to meet the requirements of par. (a) 2., at least 60 percent shall be expended to build child care capacity in rural areas.

49.1335(3) (3) From the appropriation under s. 20.437 (2) (bp), the department shall award a grant of $1,000,000 in each fiscal year 2025-26 and 2026-27 to Supporting Families Together Association that it shall use to provide funding to child care resource and referral agencies for services that build child care capacity and increase access to quality child care in this state, including all of the following:

49.1335(3)(a) (a) Technical assistance to support child care providers with starting and sustaining high quality child care businesses.

49.1335(3)(b) (b) Recruitment of child care providers and child care slots in areas of need.

49.1335(3)(c) (c) Training and information about regulatory compliance and continuing education for child care providers.

49.1335(3)(d) (d) Any other information or support that increases availability of and access to quality child care services in individual communities on the basis of needs assessed by the child care resource and referral agency.

49.1335(4) (4) No later than May 1, 2027, the department shall submit a report to the joint committee on finance on the outcomes of the grants under this section on child care capacity in this state.

Effective date note NOTE: This section is repealed eff. 7-1-27 by 2025 Wis. Act 15.

49.1335 History History: 2025 a. 15.

49.134 49.134 Child care resource and referral service grants.

49.134(1) (1) Definitions. In this section:

49.134(1)(a) (a) “Indian tribe” means a federally recognized American Indian tribe or band in this state.

49.134(1)(b) (b) “Local agency” means a nonprofit, tax-exempt corporation or an Indian tribe that provides or proposes to provide child care resource and referral services that are funded under this section.

49.134(1)(c) (c) “Nonprofit, tax-exempt corporation” means a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17), and that is exempt from taxation under section 501 (c) of the internal revenue code.

49.134(2) (2) Resource and referral service grants.

49.134(2)(a) (a) From the allocation under s. 49.155 (1g), the department shall make grants to local agencies to fund child care resource and referral services provided by those local agencies. The department shall provide an allocation formula to determine the amount of a grant awarded under this section.

49.134(2)(c) (c) A local agency that is awarded a grant under this section shall contribute matching funds equal to 25 percent of the amount awarded under this section. The match may be in the form of money or in-kind goods or services, or both.

49.134(2)(d) (d) The department may award a grant under this section to a local agency only if that local agency meets any of the following requirements:

49.134(2)(d)1. 1. The local agency is solely in the business of providing child care resource and referral services.

49.134(2)(d)2. 2. If the local agency provides services, or is affiliated with a person who provides services, other than child care resource and referral services, the local agency, or the person with whom the local agency is affiliated, is not a provider of child care services or of early childhood education services and the local agency has an advisory committee to provide oversight for the portion of the local agency’s services that are child care resource and referral services.

49.134(3) (3) Use of grant funds.

49.134(3)(a) (a) A local agency that is awarded a grant under this section may use the funds to provide any of the following services:

49.134(3)(a)1. 1. Technical assistance and support to child care providers.

49.134(3)(a)2. 2. Recruitment of child care providers in areas of need.

49.134(3)(a)3. 3. Information on the child care service options that are available in the community served by the local agency.

49.134(3)(a)4. 4. A data resource file that identifies the child care service options that are available in the community served by the local agency and that documents the requests and needs of parents in that community for child care services.

49.134(3)(a)5. 5. Programs or information on continuing education and training for child care providers.

49.134(3)(a)6. 6. Any other information regarding the availability and quality of child care services in the community served by the local agency.

49.134(3)(b) (b) A local agency that is awarded a grant under this section may not use the funds to supplant any other funds that the local agency uses to provide child care resource and referral services at the time of the awarding of the grant.

49.134(4) (4) Department responsibilities. The department shall do all of the following:

49.134(4)(a) (a) Administer, or contract for the administration of, the grant program under this section, provide an application procedure for that program and disburse funds awarded under that program.

49.134(4)(b) (b) Provide consultation and technical assistance to local agencies in the preparation of grant applications and the operation of child care resource and referral services programs funded under this section.

49.134(4)(c) (c) Monitor the child care resource and referral services provided by a grant recipient.

49.134 History History: 1991 a. 275; 1993 a. 16; 1995 a. 27; 1995 a. 404 ss. 123 to 129; Stats. 1995 s. 49.134; 1997 a. 27, 79; 2005 a. 25; 2007 a. 20.

49.136 49.136 Child care start-up and expansion.

49.136(1) (1) Definitions. In this section:

49.136(1)(ad) (ad) “Child care center” means a facility operated by a child care provider that provides care and supervision for 4 or more children under 7 years of age for less than 24 hours a day.

49.136(1)(am) (am) “Child care program” means a program established and provided by a school board under s. 120.13 (14) or purchased by a school board from a provider licensed under s. 48.65, which combines care for a child who resides with a student parent who is a parent of that child with parenting education and experience for that student parent.

49.136(1)(b) (b) “Child care provider” means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).

49.136(1)(g) (g) “Employer” means a person who engages the services of an employee, and includes the state, its political subdivisions and any office, department, independent agency, authority, institution, association, society or other body in state or local government created or authorized to be created by the constitution or any law, including the courts and the legislature.

49.136(1)(j) (j) “Family child care center” means a child care center that provides care and supervision for not less than 4 nor more than 8 children.

49.136(1)(k) (k) “Group child care center” means a child care center that provides care and supervision for 9 or more children.

49.136(1)(m) (m) “Parent” means a parent, guardian, foster parent, legal custodian, or a person acting in the place of a parent.

49.136(1)(n) (n) “Student parent” means a pupil who is enrolled in a middle school, junior high school or senior high school and who is a parent.

49.136(2) (2) Start-up and expansion.

49.136(2)(a) (a) From the allocation under s. 49.155 (1g), the department may award grants for the start-up or expansion of child care services.

49.136(2)(b) (b) If the department awards grants under this section, the department shall attempt to award the grants to head start agencies designated under 42 USC 9836, employers that provide or wish to provide child care services for their employees, family child care centers, group child care centers and child care programs for the children of student parents, organizations that provide child care for sick children, and child care providers that employ participants or former participants in a Wisconsin Works employment position under s. 49.147 (3) to (5).