Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1657 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to child care; modifying licensing standards for child care staff
3	3	1.3 qualifications, staff ratios, and group sizes; amending Minnesota Statutes 2024,
4	4	1.4 section 142B.65, subdivision 2; proposing coding for new law in Minnesota
5	5	1.5 Statutes, chapter 142B; repealing Minnesota Rules, parts 9503.0031; 9503.0032;
6	6	1.6 9503.0033; 9503.0034; 9503.0040.
7	7	1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8	1.8 Section 1. Minnesota Statutes 2024, section 142B.65, subdivision 2, is amended to read:
9	9	1.9 Subd. 2.Definitions.(a) For the purposes of this section sections 142B.65 to 142B.673,
10	10	1.10the following terms have the meanings given.
11	11	1.11 (b) "Substitute" means an adult a person who:
12	12	1.12 (1) is at least 16 years of age;
13	13	1.13 (2) is temporarily filling a position as a director, teacher, assistant teacher, or aide staff
14	14	1.14person in a licensed child care center for less than 240 hours total in a calendar year; and
15	15	1.15 (3) does not work a set or consistent schedule due to the absence of a regularly employed
16	16	1.16staff person.
17	17	1.17 (c) "Staff person" means an employee of a child care center who provides direct contact
18	18	1.18services to children carries out child care program activities under the supervision of a
19	19	1.19director.
20	20	1.20 (d) "Unsupervised volunteer" means an individual who:
21	21	1.21 (1) assists in the care of a child in care;
22	22	1.22 (2) is not under the continuous direct supervision of a staff person; and
23	23	1Section 1.
24	24	25-00129 as introduced12/18/24 REVISOR DTT/NS
25	25	SENATE
26	26	STATE OF MINNESOTA
27	27	S.F. No. 1657NINETY-FOURTH SESSION
28	28	(SENATE AUTHORS: DAHMS, Weber, Hoffman, Utke and Abeler)
29	29	OFFICIAL STATUSD-PGDATE
30	30	Introduction and first reading02/20/2025
31	31	Referred to Health and Human Services 2.1 (3) is not employed by the child care center.
32	32	2.2 Sec. 2. [142B.671] CHILD CARE CENTER DIRECTOR QUALIFICATIONS.
33	33	2.3 Subdivision 1.Director qualifications; general.A director must be at least 18 years
34	34	2.4of age and meet the qualifications in subdivision 2.
35	35	2.5 Subd. 2.Director education and experience requirements.A director with the
36	36	2.6credential listed in column A must have the education and experience listed in column B.
37	37	Column B2.7Column A
38	38	Experience: 4,160 hours within the
39	39	classroom under supervision
40	40	Education: 24 quarter credits
41	41	2.8(1) A high school diploma or commissioner
42	42	2.9of education-selected high school
43	43	2.10equivalency certification
44	44	Experience: 2,080 hours within the
45	45	classroom under supervision
46	46	Education: 12 quarter credits
47	47	2.11(2) Diploma from Association Montessori
48	48	2.12Internationale; preprimary credential,
49	49	2.13primary diploma, or provisional certificate
50	50	2.14from the American Montessori Society,
51	51	2.15without a baccalaureate degree
52	52	Experience: 1,040 hours within the
53	53	classroom under supervision
54	54	Education: no additional required
55	55	2.16(3) Preprimary credential, primary diploma,
56	56	2.17or provisional certificate from the American
57	57	2.18Montessori Society or diploma from the
58	58	2.19Association Montessori Internationale with
59	59	2.20a baccalaureate degree
60	60	Experience: 2,080 hours within the
61	61	classroom under supervision
62	62	2.23 Education: six quarter credits
63	63	2.21(4) Minnesota technical institute certificate
64	64	2.22as a Child Development Assistant
65	65	Experience: 1,560 hours within the
66	66	classroom under supervision
67	67	Education: no additional required
68	68	2.24(5) Child development associate credential
69	69	2.25(center based or family day care) for
70	70	2.26preschool or for infants and toddlers from
71	71	2.27the Council for Early Childhood
72	72	2.28Professional Recognition
73	73	Experience: 1,040 hours within the
74	74	classroom under supervision
75	75	Education: six quarter credits
76	76	2.29(6) License from the Minnesota Department
77	77	2.30of Education for Prekindergarten Associate;
78	78	2.31or a certificate or credential for a two-year
79	79	2.32program from an accredited community
80	80	2.33college or technical college in child
81	81	2.34development or early childhood education
82	82	Experience: 1,040 hours within the
83	83	classroom under supervision
84	84	2.37 Education: 18 quarter credits
85	85	2.35(7) Baccalaureate degree from an accredited
86	86	2.36college or university in any field
87	87	Experience: 520 hours within the
88	88	classroom under supervision
89	89	2.38(8) License from the Minnesota Department
90	90	2.39of Education for elementary education
91	91	2.40without kindergarten endorsement Education: six quarter credits within one
92	92	2.41 year of initial employment if teaching
93	93	2.42 children under school age
94	94	Experience: no additional required
95	95	Education: no additional required
96	96	2.43(9) License from the Minnesota Department
97	97	2.44of Education for prekindergarten or
98	98	2.45nursery, or a license from the Minnesota
99	99	2Sec. 2.
100	100	25-00129 as introduced12/18/24 REVISOR DTT/NS 3.1Department of Education for elementary
101	101	3.2education with a kindergarten endorsement
102	102	3.3 Sec. 3. [142B.672] CHILD CARE CENTER STAFF QUALIFICATIONS.
103	103	3.4 Subdivision 1.Staff person qualifications; general.A staff person must be at least 16
104	104	3.5years of age and complete the training requirements under section 142B.65.
105	105	3.6 Subd. 2.Orientation hours.All orientation and yearly training hours completed by a
106	106	3.7staff person will count toward that staff person's yearly in-service hours.
107	107	3.8 Subd. 3.Substitute and volunteer staff member qualifications.A staff person included
108	108	3.9in the ratio and who is designated as a substitute or volunteer must be at least 16 years of
109	109	3.10age and must not be left alone with children unless they have completed the training
110	110	3.11requirements under section 142B.65 and have had a background study completed.
111	111	3.12 Sec. 4. [142B.673] CHILD CARE CENTER STAFF RATIOS AND GROUP SIZE.
112	112	3.13 Subdivision 1.Staff-to-child ratios and maximum group size.The minimally acceptable
113	113	3.14staff-to-child ratios and the maximum group size within each age category are:
114	114	Maximum Group SizeMinimum Staff-to-Child Ratio3.15Age Category
115	115	81:43.16Infant
116	116	141:73.17Toddler
117	117	201:103.18Preschooler
118	118	301:153.19School-age child
119	119	3.20 Subd. 2.Age category grouping.(a) During the center's regular hours of operation,
120	120	3.21children in different age categories may be mixed within a group if the staff-to-child ratios,
121	121	3.22group size, and staff distribution applied are for the youngest child present and the group
122	122	3.24is divided when the number of children present reaches the maximum group size of the
123	123	classroom where the children are present.
124	124	3.25 (b) During regular hours of operation and for a period of time not to exceed 30 minutes,
125	125	3.26if children are unexpectedly dropped off early or a staff member is unexpectedly running
126	126	late.
127	127	3.27 Sec. 5. DIRECTION TO COMMISSIONER OF CHILDREN, YOUTH, AND
128	128	3.28FAMILIES; AMENDING CHILD CARE CENTER REQUIREMENTS.
129	129	3.29 Subdivision 1.Changes to child care center record requirements.(a) The
130	130	3.30commissioner of human services or the commissioner of children, youth, and families must
131	131	3.31amend Minnesota Rules, part 9503.0125, or its successor as a part of the transition of
132	132	3Sec. 5.
133	133	25-00129 as introduced12/18/24 REVISOR DTT/NS 4.1responsibilities, to remove the requirement that a child's record must contain the names,
134	134	4.2addresses, and telephone numbers of the child's source of regular medical and dental care
135	135	4.3and the source of medical and dental care to be used in case of an emergency.
136	136	4.4 (b) The commissioner of human services or the commissioner of children, youth, and
137	137	4.5families must amend Minnesota Rules, part 9503.0125, or its successor as a part of the
138	138	4.6transition of responsibilities, to change the requirement that a child's record must contain
139	139	4.7the names, addresses, and telephone numbers of two persons to be contacted if a parent
140	140	4.8cannot be reached in an emergency or when there is an injury requiring medical attention
141	141	4.9to a requirement that a child's record must only contain the name, address, and telephone
142	142	4.10number of one person to be contacted.
143	143	4.11 (c) The commissioner of human services or the commissioner of children, youth, and
144	144	4.12families must amend Minnesota Rules, part 9503.0125, or its successor as a part of the
145	145	4.13transition of responsibilities, to remove the requirement that a child's record must contain
146	146	4.14separate documentation of any individual child care program needs for the child.
147	147	4.15 Subd. 2.Changes to child care center health requirements.The commissioner of
148	148	4.16human services or the commissioner of children, youth, and families must amend Minnesota
149	149	4.17Rules, part 9503.0140, subpart 2, or its successor as a part of the transition of responsibilities,
150	150	4.18to remove the requirement that programs serving infants must have a health consultation
151	151	4.19review completed monthly.
152	152	4.20 Subd. 3.Changes to child care center facility requirements.The commissioner of
153	153	4.21human services or the commissioner of children, youth, and families must amend Minnesota
154	154	4.22Rules, part 9503.0155, subpart 13, or its successor as a part of the transition of
155	155	4.23responsibilities, to allow a minimum temperature of 65 degrees Fahrenheit.
156	156	4.24 Subd. 4.Changes to child care center staff ratios.The commissioner of human services
157	157	4.25or the commissioner of children, youth, and families must amend Minnesota Rules, part
158	158	4.269503.0040, subpart 4, or its successor as a part of the transition of responsibilities, to allow
159	159	4.27a child to be designated as a "toddler" starting at 14 months.
160	160	4.28 Subd. 5.Good cause exempt process.Notwithstanding any other requirements for good
161	161	4.29cause exempt rulemaking, the commissioner may use the procedure under Minnesota
162	162	4.30Statutes, section 14.388, subdivision 1, clause (3), for changes to Minnesota Rules pursuant
163	163	4.31to this section. Minnesota Statutes, section 14.386, does not apply to rules adopted pursuant
164	164	4.32to this section except as provided under Minnesota Statutes, section 14.388.
165	165	4Sec. 5.
166	166	25-00129 as introduced12/18/24 REVISOR DTT/NS 5.1 Sec. 6. REPEALER.
167	167	5.2 Minnesota Rules, parts 9503.0031; 9503.0032; 9503.0033; 9503.0034; and 9503.0040,
168	168	5.3are repealed.
169	169	5Sec. 6.
170	170	25-00129 as introduced12/18/24 REVISOR DTT/NS 9503.0031DIRECTORS.
171	171	Subpart 1.General requirements for a director.A director must:
172	172	A.be at least 18 years old;
173	173	B.be a graduate of a high school or hold an equivalent diploma attained through
174	174	successful completion of the commissioner of education-selected high school equivalency
175	175	test;
176	176	C.have at least 1,040 hours of paid or unpaid staff supervision experience; and
177	177	D.have at least nine quarter credits or 90 hours earned in any combination of
178	178	accredited courses in staff supervision, human relations, and child development.
179	179	Subp. 2.Additional requirements.If a director functions as a teacher or develops
180	180	or revises the child care program plan, the director must meet the qualifications of a teacher
181	181	specified in part 9503.0032.
182	182	9503.0032TEACHERS.
183	183	Subpart 1.Teacher qualifications, general.A teacher must be at least 18 years old
184	184	and meet the qualifications in subpart 2 with the following exceptions:
185	185	A.A registered nurse or licensed practical nurse is qualified as a teacher for infants
186	186	only.
187	187	B.A registered nurse may be used to meet the staff-to-child ratios for a teacher
188	188	for sick care in a center licensed to operate a sick care program.
189	189	Subp. 2.Teacher education and experience requirements.A teacher with the
190	190	credential listed in column A must have the education and experience listed in column B.
191	191	Column BColumn A
192	192	Experience: 4,160 hours as
193	193	assistant teacher
194	194	(1) A high school diploma or commissioner of
195	195	education-selected high school equivalency certification
196	196	Education: 24 quarter credits
197	197	-----------------------------------------------------------------------------------------------------------
198	198	Experience: 2,080 hours as
199	199	assistant teacher, aide, or student
200	200	(2) Diploma from Association Montessori
201	201	Internationale; preprimary credential, primary diploma,
202	202	internor provisional certificate from the American Montessori
203	203	Society, without a baccalaureate degree
204	204	Education: 12 quarter credits
205	205	-----------------------------------------------------------------------------------------------------------
206	206	Experience: 1,040 hours as
207	207	assistant teacher, aide, or student
208	208	(3) Preprimary credential, primary diploma, or
209	209	provisional certificate from the American Montessori
210	210	internSociety; or diploma from the Association Montessori
211	211	Internationale with a baccalaureate degree
212	212	Education: no additional required
213	213	-----------------------------------------------------------------------------------------------------------
214	214	Experience: 2,080 hours as an
215	215	assistant teacher
216	216	(4) Minnesota technical institute certificate as a Child
217	217	Development Assistant
218	218	Education: six quarter credits
219	219	-----------------------------------------------------------------------------------------------------------
220	220	1R
221	221	APPENDIX
222	222	Repealed Minnesota Rules: 25-00129 Experience: 1,560 hours as
223	223	assistant teacher, aide, or student
224	224	(5) Child Development Associate credential (center
225	225	based or family day care) for preschool or for infants
226	226	internand toddlers from the Council for Early Childhood
227	227	Professional Recognition
228	228	Education: no additional required
229	229	-----------------------------------------------------------------------------------------------------------
230	230	Experience: 1,040 hours as
231	231	assistant teacher, aide, or student
232	232	(6) License from the Minnesota Department of
233	233	Education for Prekindergarten Associate; or a certificate
234	234	internor credential for a two-year program from an accredited
235	235	Education: six quarter credits
236	236	community college or technical college in child
237	237	development or early childhood education
238	238	-----------------------------------------------------------------------------------------------------------
239	239	Experience: 1,040 hours as
240	240	assistant teacher, aide, or student
241	241	(7) Baccalaureate degree from an accredited college or
242	242	university in any field
243	243	intern
244	244	Education: 18 quarter credits
245	245	-----------------------------------------------------------------------------------------------------------
246	246	Experience: 520 hours as assistant
247	247	teacher, aide, or student intern if
248	248	(8) License from the Minnesota Department of
249	249	Education for elementary education without
250	250	kindergarten endorsement teaching children under school age
251	251	Education: six quarter credits
252	252	within one year of initial
253	253	employment if teaching children
254	254	under school age
255	255	-----------------------------------------------------------------------------------------------------------
256	256	Experience: no additional required
257	257	Education: no additional required
258	258	(9) License from the Minnesota Department of
259	259	Education for prekindergarten/nursery, or a license from
260	260	the Minnesota Department of Education for elementary
261	261	education with a kindergarten endorsement
262	262	9503.0033ASSISTANT TEACHERS.
263	263	Subpart 1.Assistant teacher qualifications, general.An assistant teacher must work
264	264	under the supervision of a teacher. An assistant teacher must be at least 18 years old and
265	265	meet the qualifications in subpart 2 with the following exceptions:
266	266	A.A registered nurse or licensed practical nurse is qualified as an assistant teacher
267	267	for infants only.
268	268	B.A registered nurse may be used to meet the staff-to-child ratios for an assistant
269	269	teacher for sick care in a center licensed to operate a sick care program.
270	270	Subp. 2.Assistant teacher education and experience requirements.An assistant
271	271	teacher with the credential listed in column A must have the education and experience listed
272	272	in column B.
273	273	Column BColumn A
274	274	Experience: 2,080 hours as an aide
275	275	or student intern
276	276	(1) High school diploma or commissioner of
277	277	education-selected high school equivalency certification
278	278	Education: 12 quarter credits
279	279	2R
280	280	APPENDIX
281	281	Repealed Minnesota Rules: 25-00129 -----------------------------------------------------------------------------------------------------------
282	282	Experience: 2,080 hours as a
283	283	licensed family day care or group
284	284	(2) Minnesota license as a family day care or group
285	285	family day care provider
286	286	family day care provider
287	287	Education: 12 quarter credits
288	288	-----------------------------------------------------------------------------------------------------------
289	289	Experience: 520 hours as an aide
290	290	or student intern
291	291	(3) Diploma from Association Montessori Internationale
292	292	or preprimary credential, primary diploma, or
293	293	Education: three quarter credits
294	294	provisional certificate from the American Montessori
295	295	Society
296	296	-----------------------------------------------------------------------------------------------------------
297	297	Experience: 520 hours as an aide
298	298	or student intern
299	299	(4) Minnesota technical institute certificate as a Child
300	300	Development Assistant
301	301	Education: no additional required
302	302	-----------------------------------------------------------------------------------------------------------
303	303	Experience: 1,040 hours as an aide
304	304	or student intern
305	305	(5) Two years full-time postsecondary education from
306	306	a college or university
307	307	Education: nine quarter credits
308	308	-----------------------------------------------------------------------------------------------------------
309	309	Experience: no additional required
310	310	Education: no additional required
311	311	(6) Child Development Associate credential, center
312	312	based or for family day care, from the Council for Early
313	313	Childhood Professional Recognition
314	314	-----------------------------------------------------------------------------------------------------------
315	315	Experience: no additional required
316	316	Education: nine quarter credits
317	317	(7) Baccalaureate degree in any field from an accredited
318	318	college or university
319	319	-----------------------------------------------------------------------------------------------------------
320	320	Experience: no additional required
321	321	Education: no additional required
322	322	(8) Certificate or credential for a two year program in
323	323	child development or early childhood education at a
324	324	Minnesota community college or technical college
325	325	-----------------------------------------------------------------------------------------------------------
326	326	Experience: no additional required
327	327	Education: no additional required
328	328	(9) License from the Minnesota Department of Children,
329	329	Families, and Learning for Prekindergarten Associate
330	330	9503.0034AIDES, VOLUNTEERS, SUBSTITUTES.
331	331	Subpart 1.Aide qualifications.In this part, "aide" means a staff person who carries
332	332	out child care program activities under the supervision of a teacher or assistant teacher. An
333	333	aide who is under 18 years old must be directly supervised by a teacher or assistant teacher
334	334	at all times except when the aide is assisting with the supervision of sleeping children or
335	335	assisting children with washing, toileting, and diapering. An aide must be at least 16 years
336	336	old.
337	337	Subp. 2.Volunteers used as staff.A volunteer who is included in the staff-to-child
338	338	ratio must meet the requirements for the assigned staff position as specified in parts
339	339	3R
340	340	APPENDIX
341	341	Repealed Minnesota Rules: 25-00129 9503.0030 to 9503.0034. Volunteers who have direct contact with or access to children
342	342	must be supervised by a staff person who meets the qualifications for director, teacher, or
343	343	assistant teacher.
344	344	Subp. 3.Substitute staff.A person designated as a substitute must meet the
345	345	qualifications for the assigned staff position as specified in parts 9503.0030 to 9503.0034,
346	346	except that the license holder may use substitutes who do not meet the qualifications for
347	347	teacher in part 9503.0032, subpart 2, or assistant teacher in part 9503.0033, subpart 2, only
348	348	if:
349	349	A.the amount of unqualified substitute hours per center per calendar year does
350	350	not exceed 40 hours multiplied by the number of the center's full-time teacher and assistant
351	351	teacher positions;
352	352	B.unqualified substitutes are not used as teachers or assistant teachers for more
353	353	than ten consecutive working days for the same group of children per calendar year; and
354	354	C.there is always a person qualified as a teacher present within the center except
355	355	as qualified in part 9503.0040, subpart 2, item B.
356	356	9503.0040STAFF RATIOS AND GROUP SIZE.
357	357	Subpart 1.Staff-to-child ratios and maximum group size.Except as provided in
358	358	subpart 2, the minimally acceptable staff-to-child ratios and the maximum group size within
359	359	each age category are:
360	360	Maximum Group SizeMinimum Staff:Child RatioAge Category
361	361	81:4Infant
362	362	141:7Toddler
363	363	201:10Preschooler
364	364	301:15School-age child
365	365	Subp. 2.Staff distribution.The license holder must ensure that the following
366	366	requirements for staff distribution are met and a written staff distribution record is kept in
367	367	the administrative record.
368	368	A.Only a staff person who is qualified as a teacher, assistant teacher, or aide and
369	369	who works directly with children can be counted in meeting the staff-to-child ratios.
370	370	B.An assistant teacher may be substituted for a teacher during morning arrival
371	371	and afternoon departure times if the total arrival and departure time does not exceed 25
372	372	percent of the center's daily hours of operation.
373	373	C.The maximum group size applies at all times except during meals, outdoor
374	374	activities, field trips, naps and rest, and special activities such as films, guest speakers, and
375	375	holiday programs.
376	376	D.Except as provided in item B, staff distribution within each age category must
377	377	follow the pattern in subitems (1) to (4).
378	378	(1)The first staff member needed to meet the required staff-to-child ratio
379	379	must be a teacher.
380	380	(2)The second staff member must have at least the qualifications of a child
381	381	care aide.
382	382	(3)The third staff member must have at least the qualifications of an assistant
383	383	teacher.
384	384	(4)The fourth staff member must have at least the qualifications of a child
385	385	care aide.
386	386	4R
387	387	APPENDIX
388	388	Repealed Minnesota Rules: 25-00129 The pattern in subitems (1) to (4) must be repeated until the number of staff needed to
389	389	meet the staff-to-child ratio for each age category has been achieved.
390	390	Subp. 3.Age category grouping.Children in different age categories may be grouped
391	391	as follows:
392	392	A.During morning arrival and afternoon departure times, children in different
393	393	age categories may be grouped together if:
394	394	(1)the total arrival and departure time does not exceed 25 percent of the daily
395	395	hours of operation;
396	396	(2)the staff-to-child ratio, group size, and staff distribution applied are for
397	397	the age category of the youngest child present; and
398	398	(3)the group is divided when the number of children present reaches the
399	399	maximum group size of the youngest child present.
400	400	B.During the center's regular hours of operation, children in different age
401	401	categories may be mixed within a group if:
402	402	(1)infants are not grouped with children of other age categories;
403	403	(2)there is no more than a 36-month range in age among children in a group;
404	404	(3)the staff-to-child ratios, group size, and staff distribution applied are for
405	405	the youngest child present; and
406	406	(4)program staff are qualified to teach the ages of all children present within
407	407	the group.
408	408	The restriction in subitem (2) may be waived if all children in the group are school age.
409	409	Subp. 4.Age designation.A child must be designated as a member of the age category
410	410	that is consistent with the child's date of birth with the following exceptions:
411	411	A.A child may be designated as an "infant" up to the age of 18 months for purposes
412	412	of staff ratios, group size, and child care programming, if the parent, teacher, and center
413	413	director determine that such a designation is in the best interests of the child. A child may
414	414	be designated as a "toddler" up to the age of 35 months, or as a "preschooler" at the age of
415	415	31 months for purposes of staff ratios, group size, and child care programming, if the parent,
416	416	teacher, and center director determine that the designation is in the best interests of the child.
417	417	B.A child attending kindergarten must be designated a school-age child.
418	418	5R
419	419	APPENDIX
420	420	Repealed Minnesota Rules: 25-00129