1.1 A bill for an act
1.2 relating to child care
licensing; allowing variances to licensed capacity;amending
1.3 Minnesota Statutes 2024,
section 142B.10, subdivision 16.
1.4 BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes
2024, section 142B.10, subdivision 16, is amended to read:
1.6 Subd. 16.Variances.
(a) The commissioner may grant variances to rules that do not
1.7 affect the health or safety
of persons in a licensed program if the following conditions are
1.8 met:
1.9 (1) the variance must be
requested by an applicant or license holder on a form and in a
1.10 manner prescribed by the
commissioner;
1.11 (2) the request for a variance
must include the reasons that the applicant or license holder
1.12 cannot comply with a
requirement as stated in the rule and the alternative equivalent measures
1.13 that the applicant or license
holder will follow to comply with the intent of the rule; and
1.14 (3) the request must state the
period of time for which the variance is requested.
1.15 The commissioner may grant a
permanent variance when conditions under which the variance
1.16 is requested do not affect the
health or safety of persons being served by the licensed program,
1.17 nor compromise the
qualifications of staff to provide services. The permanent variance shall
1.18 expire as soon as the
conditions that warranted the variance are modified in any way. Any
1.19 applicant or license holder
must inform the commissioner of any changes or modifications
1.20 that have occurred in the
conditions that warranted the permanent variance. Failure to advise
1.21 the commissioner shall result
in revocation of the permanent variance and may be cause for
1.22 other sanctions under sections
142B.17 and 142B.18.
2.1 The commissioner's decision
to grant or deny a variance request is final and not subject to
2.2 appeal under the provisions
of chapter 14.
2.3 (b) The commissioner shall
consider variances for child care center staff qualification
2.4 requirements under Minnesota
Rules, parts 9503.0032 and 9503.0033, that do not affect
2.5 the health and safety of
children served by the center. A variance request must be submitted
2.6 to the commissioner in
accordance with paragraph (a) and must include a plan for the staff
2.7 person to gain additional
experience, education, or training, as requested by the commissioner.
2.8 When reviewing a variance
request under this section, the commissioner shall consider the
2.9 staff person's level of
professional development, including but not limited to steps completed
2.10 on the Minnesota career
lattice.
2.11 (c) The commissioner shall
consider a variance for a child care center's licensed capacity
2.12 limit if the center's
indoor space is within 100 square feet of what would be required for
2.13 maximum enrollment in
the center based on the center's number and qualifications of staff.
2.14 A variance request must
be submitted to the commissioner in accordance with paragraph
2.15 (a).
2.16 (c) (d)
Counties shall use a uniform application form developed by the commissioner
2.17 for variance requests by family
child care license holders.
