Relating to: modifying administrative rules relating to assistant child care teachers.
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AB 390 — Relating to: modifying administrative rules relating to assistant child care teachers.
Last action — Failed to concur in pursuant to Senate Joint Resolution 1
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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5To Executive
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6Enacted
This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
80 added · 15 removedPlain-language change summary
The recent amendments to Bill AB 390 update the regulations for assistant child care teachers. Specifically, the bill clarifies that all assistant child care teachers must be at least 18 years old to work independently with children, ensuring consistent age requirements for this role. This change is significant because it aims to improve child safety in care settings by guaranteeing that individuals supervising children are of a mature age with the required training.
- 2024 LEGISLATURE LRBa0432/1LRB-3294/1 MDE:amnMDE:cjs ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 390 September 5,1, 2023 - OfferedIntroduced by RepresentatiOEBEN.Representatives G OEBEN , HURD, BINSFELD, BRANDTJEN , EDMING , GREEN , GUNDRUM , G USTAFSON, M AGNAFICI, M AXEY, M URPHY, OCONNOR , ENTERMAN , PETERSEN, ETRYK , LUMER , OZAR, SCHMIDT, SORTWELL , STEFFEN, S UMMERFIELD , SWEARINGEN and VANDER M EER, cosponsored by Senators BALLWEG and STROEBEL.
AtReferred theto locationsCommittee indicated,on amendChildren theand billFamilies. as follows:
1.A N A CT relating to:
Pagemodifying 2,administrative linerules 19:relating to assistant child care teachers.
deleteAnalysis by the materialLegislative beginningReference withBureau “areUnder atcurrent least"law, andthe endingDepartment withof “ageChildren and"and onFamilies lineregulates 20child care providers and substituteis “arerequired atto leastpromulgate 18rules yearsto ”.carry out that function.
ageUnder andrules 2.promulgated by DCF, a person hired to be an assistant child care teacher must be at least 18 or 17 years old, depending on the qualifications the person meets.
PageAn 3,assistant linechild 2:care teacher or school-age group leader who is at least 18 years old and has completed the training required for the position may provide sole supervision to a group of school-age children for up to 45 minutes if there is a qualified school-age program leader or child care teacher on the premises, and an assistant child care teacher may provide sole supervision to a group of children in full-day centers for up to two hours during opening and closing hours and during the center's designated naptime.
afterThis “hours"bill insertmodifies “ifthe thereDCF isrules to lower the minimum age at which a person may become an assistant child care teacher onor school-age group leader from 17 to 16 and to lower the premises".minimum age at which an assistant child care teacher or school-age group leader may provide sole supervision to a group of children from 18 to 16.
3.The bill also removes the restrictions that a supervising assistant child care teacher may provide sole supervision to a group of children in full-day centers only during opening and closing hours and during the center's designated naptime and only for up to two hours and that a supervising school-age group leader or assistant child - 2024 Legislature - 2 - LRB-3294/1 MDE:cjs ASSEMBLY BILL 390 care teacher may provide sole supervision to a group of school-age children only for up to 45 minutes.
PageThe 3,people lineof 3:the state of Wisconsin, represented in senate and assembly, do enact as follows:
deleteS linesECTION 31. to 5 and substitute:
“SECTION4m.DCF 251.05 (3) (g) 2.
DCFa. 251.055 (1) (i) of the administrative code is repealed.”.
4.of the administrative code is amended to read:
PageDCF 3,251.05 line(3) 10:(g) 2.
deletea. “and is age 18over" and substitute “and is age 18 or over".
Be at least 116 years old and have satisfactorily completed 2 credits in early childhood education or its equivalent within 6 months after assuming the position.
S ECTION 2.
DCF 251.05 (3) (g) 2.
b.
of the administrative code is amended to read:
DCF 251.05 (3) (g) 2.
b.
Be at least 186 years old and have satisfactorily completed one, non-credit department-approved course in early childhood education within 6 months after assuming the position.
S ECTION 3.
DCF 251.05 (3) (g) 2.
c.
of the administrative code is amended to read:
DCF 251.05 (3) (g) 2.
c.
Be at least 17 16 years of age and have satisfactorily completed an assistant child care teacher training program approved by the Wisconsin department of public instruction, 2 credits in early childhood education or its equivalent, or a noncredit department-approved course in early childhood education.
S ECTION 4.
DCF 251.055 (1) (c) of the administrative code is amended to read:
DCF 251.055 (1) (c) Assistant child care teachers who are at least 18 16 years of age and have completed the training required for the position may provide sole supervision to a group of children in full-day centers for opening and closing hours, LRB-3294/1 - 2024 Legislature - 3 - MDE:cjs SECTION 4 ASSEMBLY BILL 390 not to exceed the first 2 hours and the last 2 hours of center operation, and during the center's designated naptime, not to exceed 2 hours.
S ECTION 5.
DCF 251.055 (1) (i) of the administrative code is amended to read:
DCF 251.055 (1) (i) No person under 18 16 years of age shall be left in sole charge of a child.
S ECTION 6.
DCF 251.095 (2m) (d) of the administrative code is amended to read:
DCF 251.095 (2m) (d) Notwithstanding s.
Show all 48 changed lines (8 more)
DCF 251.055 (1) (c), a school-age group leader who has completed the training required under s.
DCF 251.094 (5) (c) 3.
or an assistant child care teacher who has completed the training required under s.
DCF 251.05 (3) (g) 2.
and is age 18r over may provide sole supervision for a group of school-age children for no more than 45 minuteif there is a qualified school-age program leader or child care teacher on the premises.
S ECTION 7.Effective date.
(1) Notwithstanding s.
227.265, this act takes effect on the day after publication.
Show all 48 changed rows (8 more)
View plain text versions (2)
- Bill Text View text pdf
- Amended Assembly Amendment 1 Current pdf
Action History
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Failed to concur in pursuant to Senate Joint Resolution 1
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Public hearing held
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Read first time and referred to committee on Mental Health, Substance Abuse Prevention, Children and Families
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Received from Assembly
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Ordered immediately messaged
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Read a third time and passed, Ayes 61, Noes 36
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Rules suspended
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Ordered to a third reading
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Assembly Amendment 1 adopted
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Read a second time
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Placed on calendar 9-14-2023 by Committee on Rules
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Referred to committee on Rules
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Report passage as amended recommended by Committee on Children and Families, Ayes 8, Noes 4
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Report Assembly Amendment 1 adoption recommended by Committee on Children and Families, Ayes 12, Noes 0
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Executive action taken
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Senator Felzkowski added as a cosponsor
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Representative Wichgers added as a coauthor
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Public hearing held
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Assembly Amendment 1 offered by Representative Goeben
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Read first time and referred to Committee on Children and Families
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Introduced by Representatives Goeben, Hurd, Binsfeld, Brandtjen, Edming, Green, Gundrum, Gustafson, Magnafici, Maxey, Murphy, O'Connor, Penterman, Petersen, Petryk, Plumer, Rozar, Schmidt, Sortwell, Steffen, Summerfield, Swearingen and VanderMeer; cosponsored by Senators Ballweg and Stroebel
Sponsors
- Joy Goeben · Primary
- Karen Hurd · Primary
- Binsfeld · Primary
- Brandtjen · Primary
- Edming · Primary
- Chanz Green · Primary
- Rick Gundrum · Primary
- Nate Gustafson · Primary
- Magnafici · Primary
- Dave Maxey · Primary
- David Murphy · Primary
- Jerry O'Connor · Primary
- William Penterman · Primary
- Kevin Petersen · Primary
- Petryk · Primary
- Plumer · Primary
- Rozar · Primary
- Schmidt · Primary
- Shae Sortwell · Primary
- David Steffen · Primary
- Rob Summerfield · Primary
- Rob Swearingen · Primary
- Nancy VanderMeer · Primary
Sponsorship breakdown
Export CSV (upgrade) →23 sponsors · 0 co-sponsors · 109 not signed on · 26 voted No
Sponsors (23)
- Goeben, Joy Republican
- Hurd, Karen Republican
- Binsfeld
- Brandtjen
- Edming
- Green, Chanz Republican
- Gundrum, Rick Republican
- Gustafson, Nate Republican
- Magnafici
- Maxey, Dave Republican
- Murphy, David Republican
- O'Connor, Jerry Republican
- Penterman, William Republican
- Petersen, Kevin Republican
- Petryk
- Plumer
- Rozar
- Schmidt
- Sortwell, Shae Republican
- Steffen, David Republican
- Summerfield, Rob Republican
- Swearingen, Rob Republican
- VanderMeer, Nancy Republican
Co-sponsors (0)
None.
Not signed on (109)
109 members have not signed on to this bill.
Show all 109 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 42 | 1 | 0 | 0 |
| Democrat | 0 | 24 | 0 | 0 |
| Unaffiliated | 19 | 11 | 0 | 0 |
| Total | 61 | 36 | 0 | 0 |
| % of votes cast | 63% | 37% | 0% | 0% |
How each member voted (97)
| Member | Party | Vote |
|---|---|---|
| BALDEH | — | Nay |
| BINSFELD | — | Yea |
| BODDEN | — | Yea |
| BRANDTJEN | — | Yea |
| CABRERA | — | Nay |
| CONLEY | — | Nay |
| CONSIDINE | — | Nay |
| EDMING | — | Yea |
| GOYKE | — | Nay |
| JOHNSON | — | Yea |
| KATSMA | — | Yea |
| MACCO | — | Yea |
| MAGNAFICI | — | Yea |
| MICHALSKI | — | Yea |
| MYERS | — | Nay |
| OHNSTAD | — | Nay |
| OLDENBURG | — | Yea |
| PETRYK | — | Yea |
| PLUMER | — | Yea |
| RETTINGER | — | Yea |
| RIEMER | — | Nay |
| ROZAR | — | Yea |
| SAPIK | — | Yea |
| SCHMIDT | — | Yea |
| SCHRAA | — | Yea |
| SCHUTT | — | Yea |
| SHANKLAND | — | Nay |
| SHELTON | — | Nay |
| SPEAKER | — | Yea |
| ANDERSON, J | — | Nay |
| Anderson, Clinton | Democrat | Nay |
| Andraca, Deb | Democrat | Nay |
| Bare, Mike | Democrat | Nay |
| Billings, Jill | Democrat | Nay |
| Clancy, Ryan | Democrat | Nay |
| Doyle, Steve | Democrat | Nay |
| Drake, Dora | Democrat | Nay |
| Emerson, Jodi | Democrat | Nay |
| Haywood, Kalan | Democrat | Nay |
| Hong, Francesca | Democrat | Nay |
| Jacobson, Jenna | Democrat | Nay |
| Joers, Alex | Democrat | Nay |
| Madison, Darrin | Democrat | Nay |
| McGuire, Tip | Democrat | Nay |
| Moore Omokunde, Supreme | Democrat | Nay |
| Neubauer, Greta | Democrat | Nay |
| Ortiz-Velez, Sylvia | Democrat | Nay |
| Palmeri, Lori | Democrat | Nay |
| Ratcliff, Melissa | Democrat | Nay |
| Sinicki, Christine | Democrat | Nay |
| Snodgrass, Lee | Democrat | Nay |
| Stubbs, Shelia | Democrat | Nay |
| Subeck, Lisa | Democrat | Nay |
| Vining, Robyn | Democrat | Nay |
| Allen, Scott | Republican | Nay |
| Armstrong, David | Republican | Yea |
| August, Tyler | Republican | Yea |
| Behnke, Elijah | Republican | Yea |
| Born, Mark | Republican | Yea |
| Brooks, Robert | Republican | Yea |
| Callahan, Calvin | Republican | Yea |
| Dallman, Alex | Republican | Yea |
| Dittrich, Barbara | Republican | Yea |
| Donovan, Bob | Republican | Yea |
| Duchow, Cindi | Republican | Yea |
| Goeben, Joy | Republican | Yea |
| Green, Chanz | Republican | Yea |
| Gundrum, Rick | Republican | Yea |
| Gustafson, Nate | Republican | Yea |
| Hurd, Karen | Republican | Yea |
| Krug, Scott | Republican | Yea |
| Kurtz, Tony | Republican | Yea |
| Maxey, Dave | Republican | Yea |
| Melotik, Paul | Republican | Yea |
| Moses, Clint | Republican | Yea |
| Murphy, David | Republican | Yea |
| Mursau, Jeffrey | Republican | Yea |
| Nedweski, Amanda | Republican | Yea |
| Neylon, Adam | Republican | Yea |
| Novak, Todd | Republican | Yea |
| Penterman, William | Republican | Yea |
| Petersen, Kevin | Republican | Yea |
| Pronschinske, Treig | Republican | Yea |
| Rodriguez, Jessie | Republican | Yea |
| Snyder, Patrick | Republican | Yea |
| Sortwell, Shae | Republican | Yea |
| Spiros, John | Republican | Yea |
| Steffen, David | Republican | Yea |
| Summerfield, Rob | Republican | Yea |
| Swearingen, Rob | Republican | Yea |
| Tittl, Paul | Republican | Yea |
| Tranel, Travis | Republican | Yea |
| Tusler, Ron | Republican | Yea |
| VanderMeer, Nancy | Republican | Yea |
| Wichgers, Chuck | Republican | Yea |
| Wittke, Robert | Republican | Yea |
| Zimmerman, Shannon | Republican | Yea |
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors AB 390?
- AB 390 is sponsored by Goeben, Joy (Republican), Hurd, Karen (Republican), Binsfeld, Brandtjen, Edming, Green, Chanz (Republican), Gundrum, Rick (Republican), Gustafson, Nate (Republican), Magnafici, Maxey, Dave (Republican), Murphy, David (Republican), O'Connor, Jerry (Republican), Penterman, William (Republican), Petersen, Kevin (Republican), Petryk, Plumer, Rozar, Schmidt, Sortwell, Shae (Republican), Steffen, David (Republican), Summerfield, Rob (Republican), Swearingen, Rob (Republican), and VanderMeer, Nancy (Republican).
- What is the current status of AB 390?
- This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 390?
- Track AB 390 free on One Click Politics — get push/email alerts when it moves.
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