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.
1.4BE 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
1.7affect the health or safety of persons in a licensed program if the following conditions are
1.8met:
1.9 (1) the variance must be requested by an applicant or license holder on a form and in a
1.10manner prescribed by the commissioner;
1.11 (2) the request for a variance must include the reasons that the applicant or license holder
1.12cannot comply with a requirement as stated in the rule and the alternative equivalent measures
1.13that 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.
1.15The commissioner may grant a permanent variance when conditions under which the variance
1.16is requested do not affect the health or safety of persons being served by the licensed program,
1.17nor compromise the qualifications of staff to provide services. The permanent variance shall
1.18expire as soon as the conditions that warranted the variance are modified in any way. Any
1.19applicant or license holder must inform the commissioner of any changes or modifications
1.20that have occurred in the conditions that warranted the permanent variance. Failure to advise
1.21the commissioner shall result in revocation of the permanent variance and may be cause for
1.22other sanctions under sections 142B.17 and 142B.18.
1Section 1.
REVISOR DTT/NS 25-0342302/06/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 656
NINETY-FOURTH SESSION
Authored by Zeleznikar, West, Knudsen and Nadeau02/13/2025
The bill was read for the first time and referred to the Committee on Children and Families Finance and Policy 2.1The commissioner's decision to grant or deny a variance request is final and not subject to
2.2appeal under the provisions of chapter 14.
2.3 (b) The commissioner shall consider variances for child care center staff qualification
2.4requirements under Minnesota Rules, parts 9503.0032 and 9503.0033, that do not affect
2.5the health and safety of children served by the center. A variance request must be submitted
2.6to the commissioner in accordance with paragraph (a) and must include a plan for the staff
2.7person to gain additional experience, education, or training, as requested by the commissioner.
2.8When reviewing a variance request under this section, the commissioner shall consider the
2.9staff person's level of professional development, including but not limited to steps completed
2.10on the Minnesota career lattice.
2.11 (c) The commissioner shall consider a variance for a child care center's licensed capacity
2.12limit if the center's indoor space is within 100 square feet of what would be required for
2.13maximum enrollment in the center based on the center's number and qualifications of staff.
2.14A 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
2.17for variance requests by family child care license holders.
2Section 1.
REVISOR DTT/NS 25-0342302/06/25