Section 202.09. Standards for school-age programs.

 

(1)   C ONDITIONS FOR CERTIFICATION . School-age child care programs shall meet the standards set out in this section in order to be certified.

(1m)   Administration. The certified child care operator of a school-age program shall do all of the following:

(a) Comply with all laws governing the facility and its operation.

(b) Comply with all requirements in this section.

(c) Ensure that all information provided to the certification agency is current and accurate.

(d) Permit a child care certification worker to conduct inspections to monitor compliance with the certification standards.

(2)   P ERSONNEL .

(a) Director. Each school-age child care program shall have a person designated as director. The director shall:

1. Be at least 21 years of age.

2. Have had at least one year of child care or administrative experience with preschool or school-age children or have completed at least 36 classroom hours of department-approved training or 3 credits of training in at least one of the following areas: child development, early childhood education, elementary education, child guidance, physical education, recreation or other department-approved area applicable for school-age child care.

3. Have graduated from high school, obtained a high school equivalency diploma under s. 115.29 (4) , Stats., or obtained a certificate of general education development under s. PI 5.04 .

(b) Program leader. A program leader shall be designated by the program director to plan and implement the daily activities for a designated group of children. The program leader shall:

1. Be at least 18 years old.

2. Have completed high school or its equivalency.

3. Have had 80 working days experience working with school-age children.

4. Have completed 10 classroom hours of training in at least one of the following areas: child development, early childhood education, elementary education, child guidance, physical education, recreation or other department-approved area.

(c) Program assistant. A program assistant shall:

1. Work under the supervision of a program leader.

2. Be at least 18 years old.

3. Have completed or be enrolled in 10 classroom hours of training in at least one of the following areas: child development, early childhood education, elementary education, child guidance, physical education, recreation or other department-approved area.

(d) Substitutes.

1. In the absence of a regular staff member, there shall be a similarly qualified substitute who is at least 18 years old.

2. When the regular staff member is not expected to be absent for more than 3 days, a person not meeting the educational qualifications under par. (a) , (b) or (c) may substitute for the regular staff member if a qualified person is not available.

(e) Staff records. The school-age child care program shall maintain a record for each employee that shall be available to the certification agency. The record shall include all of the following:

1. The name, address, date of birth, education, position, names and addresses of employers in previous work experience in child care, the name, address and telephone number of a person to be notified in an emergency.

2. Evidence that the employee is free from tuberculosis.

3. Documentation of educational qualifications for the position.

(f) Health and safety. No staff member, volunteer, visitor or parent with symptoms of communicable disease or physical illness, or whose behavior gives a reason to be concerned for the safety of the children, may be allowed on the premises of the program.

(g) Ability. The staff members shall be physically and emotionally able to provide responsible child care.

(3)   O RIENTATION. Each school-age program shall develop and implement an orientation session which shall be given to all new staff and volunteers in the first week that they are working in the program. The orientation session shall include all of the following:

(a) Review of health, nutrition and discipline policies.

(b) Review of plans for evacuation and other emergencies.

(c) Training in emergency procedures and first-aid procedures.

(d) Review of all applicable parts of this subchapter.

(e) Review of the school-age program's activity schedules.

(f) Training in the recognition of signs of child abuse and neglect and explanation of responsibilities for reporting suspected cases of child abuse or neglect.

(g) Explanation of job responsibilities and job descriptions.

(h) Training in the recognition of childhood illnesses.

(4)   F ACILITY.

(a) General rules.

1. A school-age program shall consult local authorities to obtain any required zoning clearances or building permits.

2. There shall be a report of inspection filed with the certification agency that indicates approval of the building by the state department of safety and professional services or by a certified agent of that department. The building shall comply with applicable state and local building codes.

3. The premises shall have no flaking or deteriorating paint on exterior or interior surfaces in areas accessible for children.

(b) Indoor space.

1. The space used by children shall be no less than 35 square feet (3.3 sq. meters) of usable floor space per child.

2. The indoor area shall be free of hazards, and items that may be harmful to children such as medications, drugs, poisons, insecticides, weapons, matches, cigarette lighters and flammable liquids shall be kept out of reach of the children.

4. The inside temperature may not be less than 67 degrees Fahrenheit.

5. If the inside temperature exceeds 80 degrees Fahrenheit, fans must be provided to improve air circulation.

(c) Swimming pool. A school-age program that has a swimming pool on its premises shall do all of the following:

1. Comply with the requirements of chs. SPS 390 and ATCP 76 , relating to swimming pool safety.

2. Maintain a ratio of one person qualified by Red Cross, Boy Scouts, Young Men's Christian Association or other generally accepted lifesaving certificate for every 25 children in the water.

(5)   C HILD HEALTH CARE.

(a) Within 30 days after a child is enrolled, the program shall have on file a health history for that child.

(b) The program shall isolate any ill child and contact the parent or designated responsible person as soon as possible to arrange for removal of the child from the program.

(c) The provider may administer medication to a child only in accordance with written and signed permission from the child's parent.

(d) Pets that are kept on the premises shall be tolerant of children and vaccinated against rabies. Rabies vaccinations shall be documented with a current certificate from a veterinarian.

(e) Each staff member shall wash his or her hands with soap and warm running water after toileting and prior to food service and preparation.

(f) All children in care shall wash their hands with soap and warm running water before eating and after toileting.

(g) Smoking shall be prohibited in any indoor or outdoor area in which children are present.

(6)   S TAFFING AND GROUPING.

(a) At least one person meeting the qualifications of a school-age program leader shall supervise each group of children.

(b) No group may contain more than 32 children.

(c) There shall be at least one staff member for every 16 children.

(d) Children who are relatives of staff shall be counted in the group size and ratio calculations.

(e) In a program with 10 or more children present, there shall be at least 2 adults available at all times on the premises.

(f) The certified child care operator shall keep a current, written record of the daily hours of attendance of each child in care, including the actual arrival and departure times for each child. Attendance records shall be kept for at least 3 years.

(7)   E MERGENCIES.

(a) A program shall have a phone in working order to which the staff has access and a list of emergency phone numbers posted on or near the phone. The list shall include numbers for the rescue squad, police, fire station, emergency medical care and poison control center.

(am) A working cellular phone shall be taken on field trips.

(b) A school age child care program shall have on file an enrollment form that includes:

1. The parents' home and work phone numbers.

2. The parents' signed consent for emergency care.

3. A name and number to call if a child requires emergency medical care.

(c) Staff shall wash superficial wounds with soap and water only and protect the wound with a band-aid or bandage.

(8)   S ANITATION.

(a) The premises shall be clean, uncluttered and free of insects and rodents.

(b) Bathrooms, including toilets and sinks, shall be clean and in good working condition.

(c) When a public water supply is not available, the water shall be tested and found to be bacteriologically safe by the state laboratory of hygiene or a laboratory certified under 42 CFR 493 (CLIA) prior to initial certification and at least every following 2 years.

(d) Areas, equipment and utensils for food preparation, serving and clean-up shall be kept clean and sanitary.

(e) Children may not share cups, eating utensils, washcloths or towels.

(9)   S TAFF INTERACTIONS WITH CHILDREN. Staff shall interact with the children in a caring and positive manner and:

(a) Shall protect children in their care from danger and be aware of where each child is at all times.

(b) May not hit, spank, pinch, shake or inflict any other form of corporal punishment on a child, or use any discipline which is frightening to the child, including binding or trying to restrict the child's movement or enclosing the child in a confined space such as a closet, basement, locked room, box, or similar cubicle.

(c) May not verbally abuse or threaten a child or make derogatory remarks about the child or the child's family.

(10)   A CTIVITIES AND EQUIPMENT.

(a) The program shall implement a schedule of activities which include:

1. A variety of activities which ensure that each child is involved in both active and quiet play.

2. Opportunities for each child to use a variety of materials and equipment.

3. Opportunities for each child to be involved in a variety of activities during a week and to select and plan his or her own activities.

(b) Television viewing, if part of the activities, may not exceed one hour a day per child and shall be appropriate for the children in care.

(11)   M EALS AND SNACKS.

(a) A program operating for less than 4 hours shall ensure that each child is served a snack.

(b) A program operating 4 or more hours shall ensure that each child is served one meal or one snack at least once every 3 hours.

(c) For each child served a noon or evening meal, that meal shall consist of a protein food, fruit and vegetable, a cereal or bread product and pasteurized grade A vitamin D milk.

(d) Snacks shall consist of at least one of the following: milk or a milk product, fruit, fruit juice, vegetable, peanut butter or other protein, whole grain or enriched bread or cereal. When only fruit juice is served, it shall be pure fruit juice.

(12)   T RANSPORTATION.

(a) The program shall have a written agreement with each child's parent or guardian, and signed by the parent or guardian, which specifies how the child will be transported to and from the program.

(b) A driver for the program shall hold a valid Wisconsin driver's license required under s. 343.05 , Stats. The program shall have a copy of the driving license for all persons transporting children on file.

(c) Any vehicle used by the program to transport children shall be registered in Wisconsin.

(d) Any vehicle used by the program to transport children shall be in safe operating condition and at 12-month intervals the school-age child care program shall provide evidence of the vehicle's safe operating condition to the certification agency.

(e) Each child and adult being transported in a vehicle with a seating capacity of 15 or fewer shall be seated and properly restrained in an individual seat belt or, for a child under 8 years of age, a child safety restraint system in compliance with s. 347.48 (2m) and (4) , Stats., as follows:

1. If a child is at least 4 years old but less than 8 years old, weighs at least 40 pounds but not more than 80 pounds, and is not more than 57 inches in height, the child shall be properly restrained in a shoulder-positioning child booster seat.

2. A child under 13 years of age may not ride in the front seat of a vehicle.

(f) A written transportation permission slip signed by a parent or guardian is on file.

(g) No child may be left unattended in a vehicle.

(h)

1. A vehicle shall be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting if all of the following conditions apply:

a. The vehicle is owned or leased by a child care operator or a contractor of a child care operator.

b. The vehicle has a seating capacity of 6 or more passengers plus the driver. The seating capacity of the vehicle shall be determined by the manufacturer.

c. The vehicle is used to transport children in care.

2. No person may shut off a child safety alarm unless the driver first inspects the vehicle to ensure that no child is left unattended in the vehicle.

3. The child safety alarm shall be in good working order each time the vehicle is used for transporting children to or from a certified school-age child care program.

(13)   P ARENTS. The program shall allow parents to visit and observe the program at any time during the hours of operation.

(14)   I NSURANCE. The program shall provide documentation of insurance coverage by submitting to the certification agency a certificate of insurance reflecting current dates of coverage for:

(a) General liability insurance which provides coverage with limits of not less than $25,000 for each person and total limits of $75,000 for each occurrence.

(b) Vehicle liability insurance when transportation is provided, with minimums no less than those specified in s. 121.53 , Stats.

(c) Non-owned vehicle liability insurance when transportation is provided by other than center-owned vehicles.

Cr. Register, August, 1985, No. 356 , eff. 9-1-85; emerg. r. and recr. eff. 7-1-96; r. and recr. Register, February, 1997, No. 494 , eff. 3-1-97; renum. from HFS 55.62 and am. (2) (e) 1. and cr. (5) (g) and (6) (f), Register, July, 1999, No. 523 , eff. 8-1-99; correction in (4) (c) and (8) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1999, No. 523 ; CR 07-071 : am. (1), (2) (a) (intro.), 2., (e) (intro.), (3) (c), (4) (a) 2., (5) (d), (6) (f), (7) (b) (intro.), (c), (8) (c), (9) (b), (12) (b) and (d), cr. (1m), (2) (a) 3., (f), (g), (4) (a) 3., (b) 4., 5., (7) (am), (12) (f) and (g), r. and recr. (12) (e), Register May 2008 No. 629 , eff. 6-1-08; correction in (4) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635 ; corrections in (4) (a) 2. and (c) 1. made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673 ; 2015 Wis. Act 132 : am. (1m) (c), (2) (e) (intro.), (4) (a) 2., (12) (d), (14) (intro.) Register February 2016 No. 722 , eff. 3-1-16; CR 14-028 : cr. (12) (h) Register July 2016 No. 727 , eff. 8-1-16; correction in (4) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register July 2016 No. 727 .

Note

Information on an individual's driving record is available by calling the Division of Motor Vehicles at [phone] or through the website http://www.dot.wisconsin.gov/drivers/drivers/points/abstract.htm . Microsoft Windows NT 6.1.7601 Service Pack 1 Information on the required vehicle safety alarm is available on the department's website at http://dcf.wisconsin.gov . Microsoft Windows NT 6.1.7601 Service Pack 1