(1) In this section, “before- and after-school child care program” means a program that provides child care services before school, after school, or both before and after school. (2) (a) A school board shall permit a child care provider who has submitted a request which meets all of the requirements under sub. (3) to administer a before- and after-school child care program in any elementary school within the school district unless: 1. There is a limitation of reasonably available space within the elementary school; 2. The school board has previously accepted a request which was submitted under this subsection; 3. Before- and after-school child care programs exist in the elementary school; 4. The school board intends to provide before- and afterschool child care services in the elementary school; 5. The requirements under sub. (3) have not been met; or 6. Paragraph (b) applies. (b) The school board may deny a request under par. (a) 6. if the school board intends to solicit child care providers to submit requests to provide before- and after-school 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. (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 child care provider within 60 days after the date on which the request is received. (3) (a) 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 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: 1. That the child care provider will be responsible for all actual incremental costs incurred by the school as a result of permitting the child care provider to provide a before- and afterschool child care program in the school building. 2. That the child care provider will be liable to the school district for any damage to property in the operation of the beforeand after-school child care program, that the child care provider shall hold the school district harmless from any liability, claim, or damages caused by the acts or omissions of the child care provider, and that the child care provider will acquire adequate insurance coverage, as determined by the school district. 3. That the child care provider will not provide religious instruction or permit religious practices to be conducted during the before- and after-school child care program. (b) A school board shall conditionally grant a request submitted by a child care provider if all the requirements under par. (a) are met and sub. (2) (a) 1. to 6. and (b) does not apply. (4) If a request under sub. (3) is conditionally accepted by the school board, the school board shall enter into a written agreement with the child care provider that specifies the hours during the day in which the child care provider is to occupy the school premises and the rooms, facilities, or equipment that are to be used by the child care provider. The agreement shall also provide all of the following: (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 child care program. (b) That nothing in the agreement would prohibit the school board from permitting other child care providers to provide 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 child care programs in the same building and during the same time in which the child care provider provides before- and after-school child care programs. (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 child care for the pupils in the elementary school or intends to solicit other child care providers to provide services during the following school year. (d) That the school board may review and terminate the agreement at any time, with 30 days’ prior written notice to the child care provider, if any of the conditions in the agreement are violated by the child care provider. (e) That the 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. (f) That the child care provider shall be liable to the school district for any damage to property in the operation of the beforeand after-school child care program, that the child care provider shall hold the school district harmless from any liability, claim, or damages caused by the acts or omissions of the child care provider, and that the child care provider shall acquire adequate insurance, as determined by the school district, to be in effect beginning the first day on which the child care provider provides the before- and after-school child care program. (g) That the child care provider shall not provide religious instruction or permit religious practices to be conducted during the before- and after-school child care program. (h) That the child care provider shall meet the standards for licensed child care centers established by the department of children and families.
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