In short, the historic pact makes about 7,000 Wisconsin providers — 900 and counting in the Milwaukee area — part of the rulemaking process, and provides more protections by establishing collective problem-solving methods and a grievance procedure.
“What this ratification means to providers is we now have a voice — not just a voice recognized by other providers, but a voice that’s recognized by the state, by the governor. That’s something we’ve never had before,” says LaTonya Johnson, a family child care provider who runs Anointed Child Care Services in Milwaukee. “And this first contract is basically a stepping stone of what’s to come. Every time a new contract is negotiated, we’ll build off of this one.”
Technically, the pact is an “agreement,” and it establishes an extensive “Bill of Rights” for providers that includes, but isn’t limited to, the right to:
* Substantially consistent and fair application of the rules among all state regulators;
* Receive notification prior to any changes in the law or rules that would alter monitoring policies or standards, and to provide input and feedback on such changes;
* Have due consideration given to the non-interruption of normal child care operations whenever an unannounced visit occurs;
* Have a witness of the provider’s choosing to observe any visit, provided the visit starts when the state regulator arrives, and to have an exit interview at the conclusion of a monitoring visit;
* Request an alternate state regulator, if the provider is able to demonstrate discrimination or bias; and
* Have a union representative present, during any meetings or hearings.
Should the state consider any changes to the administrative rules affecting or governing providers, the state will provide advance notice to the union, and will meet and confer with the union.
“The requirement for the state to meet with us before implementing any changes is very important,” Johnson says. “Before, they’d implement something and we’d find out afterward. And for some providers, a change can mean the difference between being in business or not.”
The state and the union also established a joint subcommittee to work on payment issues during negotiations. The subcommittee will continue to meet and attempt to resolve issues including accurate payments, notification, and termination of eligibility. There’s an education element to this pact, as well. Under the agreement, the state and the union will discuss the creation of education materials for parents concerning the subsidized child care program.
The state and the union also will collaborate on the development of a voluntary resolution process aimed at mediating or resolving disputes between providers and parents.
Quarterly meetings set. Other agreement elements include:
* Maximum reimbursement rates. The state will use the results of the Market Rate Survey to adjust maximum reimbursement rates. Subject to the availability of funds, the state will set the maximum reimbursement rate at the 75th percentile of the licensed private child care market rates.
* Collaborative problem-solving. The parties will use informal problem-solving methods in regular collaborative meetings to resolve problems regarding the application, meaning or interpretation of the agreement. Union members may submit problems covered by the agreement to the collaborative problem-solving process. If the issue is not resolved through the informal process, a formal grievance may be submitted to a Grievance Mediation Committee (including a neutral party) for a final and binding decision.
* Ongoing meetings between providers and state officials to improve the child care system. A committee of up to 10 union representatives will meet with state representatives on a quarterly basis to review issues of mutual concern, such as proposed changes to permanent administrative rules, quality standards, training and certification requirements, health and safety conditions, and the monitoring of family child care centers and certified care. Education and training, health insurance and liability insurance will be standing agenda items. There also will be continuing discussion regarding a large family child care category.
* Reviewing options for comprehensive health insurance coverage. The parties will work together on ways to make comprehensive health insurance coverage accessible and affordable for providers. The parties will convene a joint committee on health insurance no later than July 1, 2009, if this goal has not been met through the quarterly meet and confer process.
* County and tribal certifiers also will be covered. The state will develop language for its contracts with counties and tribes addressing key provisions of agreement and how they will apply to county and tribal certifiers effective Jan. 1, 2009.
* Providers will have input on how new resources are used. If the state receives additional Child Care and Development Block Grant or Child Care Development Fund funds, other federal child care funds or other federal undesignated social service funds, the parties will meet, confer and discuss how such funds may be used.
CCPT isn’t just a voice at the bargaining table. Through heavy lobbying efforts by CCPT, family child care providers ensured that the state heard the voices of families depending on the Wisconsin Shares program.
The 2007 Wisconsin Act 226 passed the Assembly by a vote of 51-46; the Senate, by a 17-16 vote. The bill added a desperately needed $18.6 million to fill the deficit in the Wisconsin Shares budget.
Additionally, Gov. Jim Doyle directed the state Department of Workforce Development (DWD) to rescind the UU50-Attendance based policy for licensed providers as of May 17, 2008.
Currently, the Wisconsin Shares program includes funding for child care subsidies, local administration, on-site child care at job centers and counties, and migrant child care.
The additional funds addressed an anticipated shortfall in the Wisconsin Shares program.
“This comes at such an important time in our history,” says Anointed Child Care Services’ Johnson. “Not only do we have the support of our families, but we are also now getting support from the state.”
And they could use even more support at the next government level.
“Now, the focus will be on ensuring we get better federal funding,” says DC 48 organizer Pete Swinford.
