1.1 A bill for an act
1.2 relating to child care; modifying licensing standards for child care staff
1.3 qualifications, staff ratios, and group sizes; amending Minnesota Statutes 2024,
1.4 section 142B.65, subdivision 2; proposing coding for new law in Minnesota
1.5 Statutes, chapter 142B; repealing Minnesota Rules, parts 9503.0031; 9503.0032;
1.6 9503.0033; 9503.0034; 9503.0040.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2024, section 142B.65, subdivision 2, is amended to read:
1.9 Subd. 2.Definitions.(a) For the purposes of this section sections 142B.65 to 142B.673,
1.10the following terms have the meanings given.
1.11 (b) "Substitute" means an adult a person who:
1.12 (1) is at least 16 years of age;
1.13 (2) is temporarily filling a position as a director, teacher, assistant teacher, or aide staff
1.14person in a licensed child care center for less than 240 hours total in a calendar year; and
1.15 (3) does not work a set or consistent schedule due to the absence of a regularly employed
1.16staff person.
1.17 (c) "Staff person" means an employee of a child care center who provides direct contact
1.18services to children carries out child care program activities under the supervision of a
1.19director.
1.20 (d) "Unsupervised volunteer" means an individual who:
1.21 (1) assists in the care of a child in care;
1.22 (2) is not under the continuous direct supervision of a staff person; and
1Section 1.
25-00129 as introduced12/18/24 REVISOR DTT/NS
SENATE
STATE OF MINNESOTA
S.F. No. 1657NINETY-FOURTH SESSION
(SENATE AUTHORS: DAHMS, Weber, Hoffman, Utke and Abeler)
OFFICIAL STATUSD-PGDATE
Introduction and first reading02/20/2025
Referred to Health and Human Services 2.1 (3) is not employed by the child care center.
2.2 Sec. 2. [142B.671] CHILD CARE CENTER DIRECTOR QUALIFICATIONS.
2.3 Subdivision 1.Director qualifications; general.A director must be at least 18 years
2.4of age and meet the qualifications in subdivision 2.
2.5 Subd. 2.Director education and experience requirements.A director with the
2.6credential listed in column A must have the education and experience listed in column B.
Column B2.7Column A
Experience: 4,160 hours within the
classroom under supervision
Education: 24 quarter credits
2.8(1) A high school diploma or commissioner
2.9of education-selected high school
2.10equivalency certification
Experience: 2,080 hours within the
classroom under supervision
Education: 12 quarter credits
2.11(2) Diploma from Association Montessori
2.12Internationale; preprimary credential,
2.13primary diploma, or provisional certificate
2.14from the American Montessori Society,
2.15without a baccalaureate degree
Experience: 1,040 hours within the
classroom under supervision
Education: no additional required
2.16(3) Preprimary credential, primary diploma,
2.17or provisional certificate from the American
2.18Montessori Society or diploma from the
2.19Association Montessori Internationale with
2.20a baccalaureate degree
Experience: 2,080 hours within the
classroom under supervision
2.23 Education: six quarter credits
2.21(4) Minnesota technical institute certificate
2.22as a Child Development Assistant
Experience: 1,560 hours within the
classroom under supervision
Education: no additional required
2.24(5) Child development associate credential
2.25(center based or family day care) for
2.26preschool or for infants and toddlers from
2.27the Council for Early Childhood
2.28Professional Recognition
Experience: 1,040 hours within the
classroom under supervision
Education: six quarter credits
2.29(6) License from the Minnesota Department
2.30of Education for Prekindergarten Associate;
2.31or a certificate or credential for a two-year
2.32program from an accredited community
2.33college or technical college in child
2.34development or early childhood education
Experience: 1,040 hours within the
classroom under supervision
2.37 Education: 18 quarter credits
2.35(7) Baccalaureate degree from an accredited
2.36college or university in any field
Experience: 520 hours within the
classroom under supervision
2.38(8) License from the Minnesota Department
2.39of Education for elementary education
2.40without kindergarten endorsement Education: six quarter credits within one
2.41 year of initial employment if teaching
2.42 children under school age
Experience: no additional required
Education: no additional required
2.43(9) License from the Minnesota Department
2.44of Education for prekindergarten or
2.45nursery, or a license from the Minnesota
2Sec. 2.
25-00129 as introduced12/18/24 REVISOR DTT/NS 3.1Department of Education for elementary
3.2education with a kindergarten endorsement
3.3 Sec. 3. [142B.672] CHILD CARE CENTER STAFF QUALIFICATIONS.
3.4 Subdivision 1.Staff person qualifications; general.A staff person must be at least 16
3.5years of age and complete the training requirements under section 142B.65.
3.6 Subd. 2.Orientation hours.All orientation and yearly training hours completed by a
3.7staff person will count toward that staff person's yearly in-service hours.
3.8 Subd. 3.Substitute and volunteer staff member qualifications.A staff person included
3.9in the ratio and who is designated as a substitute or volunteer must be at least 16 years of
3.10age and must not be left alone with children unless they have completed the training
3.11requirements under section 142B.65 and have had a background study completed.
3.12 Sec. 4. [142B.673] CHILD CARE CENTER STAFF RATIOS AND GROUP SIZE.
3.13 Subdivision 1.Staff-to-child ratios and maximum group size.The minimally acceptable
3.14staff-to-child ratios and the maximum group size within each age category are:
Maximum Group SizeMinimum Staff-to-Child Ratio3.15Age Category
81:43.16Infant
141:73.17Toddler
201:103.18Preschooler
301:153.19School-age child
3.20 Subd. 2.Age category grouping.(a) During the center's regular hours of operation,
3.21children in different age categories may be mixed within a group if the staff-to-child ratios,
3.22group size, and staff distribution applied are for the youngest child present and the group
3.24is divided when the number of children present reaches the maximum group size of the
classroom where the children are present.
3.25 (b) During regular hours of operation and for a period of time not to exceed 30 minutes,
3.26if children are unexpectedly dropped off early or a staff member is unexpectedly running
late.
3.27 Sec. 5. DIRECTION TO COMMISSIONER OF CHILDREN, YOUTH, AND
3.28FAMILIES; AMENDING CHILD CARE CENTER REQUIREMENTS.
3.29 Subdivision 1.Changes to child care center record requirements.(a) The
3.30commissioner of human services or the commissioner of children, youth, and families must
3.31amend Minnesota Rules, part 9503.0125, or its successor as a part of the transition of
3Sec. 5.
25-00129 as introduced12/18/24 REVISOR DTT/NS 4.1responsibilities, to remove the requirement that a child's record must contain the names,
4.2addresses, and telephone numbers of the child's source of regular medical and dental care
4.3and the source of medical and dental care to be used in case of an emergency.
4.4 (b) The commissioner of human services or the commissioner of children, youth, and
4.5families must amend Minnesota Rules, part 9503.0125, or its successor as a part of the
4.6transition of responsibilities, to change the requirement that a child's record must contain
4.7the names, addresses, and telephone numbers of two persons to be contacted if a parent
4.8cannot be reached in an emergency or when there is an injury requiring medical attention
4.9to a requirement that a child's record must only contain the name, address, and telephone
4.10number of one person to be contacted.
4.11 (c) The commissioner of human services or the commissioner of children, youth, and
4.12families must amend Minnesota Rules, part 9503.0125, or its successor as a part of the
4.13transition of responsibilities, to remove the requirement that a child's record must contain
4.14separate documentation of any individual child care program needs for the child.
4.15 Subd. 2.Changes to child care center health requirements.The commissioner of
4.16human services or the commissioner of children, youth, and families must amend Minnesota
4.17Rules, part 9503.0140, subpart 2, or its successor as a part of the transition of responsibilities,
4.18to remove the requirement that programs serving infants must have a health consultation
4.19review completed monthly.
4.20 Subd. 3.Changes to child care center facility requirements.The commissioner of
4.21human services or the commissioner of children, youth, and families must amend Minnesota
4.22Rules, part 9503.0155, subpart 13, or its successor as a part of the transition of
4.23responsibilities, to allow a minimum temperature of 65 degrees Fahrenheit.
4.24 Subd. 4.Changes to child care center staff ratios.The commissioner of human services
4.25or the commissioner of children, youth, and families must amend Minnesota Rules, part
4.269503.0040, subpart 4, or its successor as a part of the transition of responsibilities, to allow
4.27a child to be designated as a "toddler" starting at 14 months.
4.28 Subd. 5.Good cause exempt process.Notwithstanding any other requirements for good
4.29cause exempt rulemaking, the commissioner may use the procedure under Minnesota
4.30Statutes, section 14.388, subdivision 1, clause (3), for changes to Minnesota Rules pursuant
4.31to this section. Minnesota Statutes, section 14.386, does not apply to rules adopted pursuant
4.32to this section except as provided under Minnesota Statutes, section 14.388.
4Sec. 5.
25-00129 as introduced12/18/24 REVISOR DTT/NS 5.1 Sec. 6. REPEALER.
5.2 Minnesota Rules, parts 9503.0031; 9503.0032; 9503.0033; 9503.0034; and 9503.0040,
5.3are repealed.
5Sec. 6.
25-00129 as introduced12/18/24 REVISOR DTT/NS 9503.0031DIRECTORS.
Subpart 1.General requirements for a director.A director must:
A.be at least 18 years old;
B.be a graduate of a high school or hold an equivalent diploma attained through
successful completion of the commissioner of education-selected high school equivalency
test;
C.have at least 1,040 hours of paid or unpaid staff supervision experience; and
D.have at least nine quarter credits or 90 hours earned in any combination of
accredited courses in staff supervision, human relations, and child development.
Subp. 2.Additional requirements.If a director functions as a teacher or develops
or revises the child care program plan, the director must meet the qualifications of a teacher
specified in part 9503.0032.
9503.0032TEACHERS.
Subpart 1.Teacher qualifications, general.A teacher must be at least 18 years old
and meet the qualifications in subpart 2 with the following exceptions:
A.A registered nurse or licensed practical nurse is qualified as a teacher for infants
only.
B.A registered nurse may be used to meet the staff-to-child ratios for a teacher
for sick care in a center licensed to operate a sick care program.
Subp. 2.Teacher education and experience requirements.A teacher with the
credential listed in column A must have the education and experience listed in column B.
Column BColumn A
Experience: 4,160 hours as
assistant teacher
(1) A high school diploma or commissioner of
education-selected high school equivalency certification
Education: 24 quarter credits
-----------------------------------------------------------------------------------------------------------
Experience: 2,080 hours as
assistant teacher, aide, or student
(2) Diploma from Association Montessori
Internationale; preprimary credential, primary diploma,
internor provisional certificate from the American Montessori
Society, without a baccalaureate degree
Education: 12 quarter credits
-----------------------------------------------------------------------------------------------------------
Experience: 1,040 hours as
assistant teacher, aide, or student
(3) Preprimary credential, primary diploma, or
provisional certificate from the American Montessori
internSociety; or diploma from the Association Montessori
Internationale with a baccalaureate degree
Education: no additional required
-----------------------------------------------------------------------------------------------------------
Experience: 2,080 hours as an
assistant teacher
(4) Minnesota technical institute certificate as a Child
Development Assistant
Education: six quarter credits
-----------------------------------------------------------------------------------------------------------
1R
APPENDIX
Repealed Minnesota Rules: 25-00129 Experience: 1,560 hours as
assistant teacher, aide, or student
(5) Child Development Associate credential (center
based or family day care) for preschool or for infants
internand toddlers from the Council for Early Childhood
Professional Recognition
Education: no additional required
-----------------------------------------------------------------------------------------------------------
Experience: 1,040 hours as
assistant teacher, aide, or student
(6) License from the Minnesota Department of
Education for Prekindergarten Associate; or a certificate
internor credential for a two-year program from an accredited
Education: six quarter credits
community college or technical college in child
development or early childhood education
-----------------------------------------------------------------------------------------------------------
Experience: 1,040 hours as
assistant teacher, aide, or student
(7) Baccalaureate degree from an accredited college or
university in any field
intern
Education: 18 quarter credits
-----------------------------------------------------------------------------------------------------------
Experience: 520 hours as assistant
teacher, aide, or student intern if
(8) License from the Minnesota Department of
Education for elementary education without
kindergarten endorsement teaching children under school age
Education: six quarter credits
within one year of initial
employment if teaching children
under school age
-----------------------------------------------------------------------------------------------------------
Experience: no additional required
Education: no additional required
(9) License from the Minnesota Department of
Education for prekindergarten/nursery, or a license from
the Minnesota Department of Education for elementary
education with a kindergarten endorsement
9503.0033ASSISTANT TEACHERS.
Subpart 1.Assistant teacher qualifications, general.An assistant teacher must work
under the supervision of a teacher. An assistant teacher must be at least 18 years old and
meet the qualifications in subpart 2 with the following exceptions:
A.A registered nurse or licensed practical nurse is qualified as an assistant teacher
for infants only.
B.A registered nurse may be used to meet the staff-to-child ratios for an assistant
teacher for sick care in a center licensed to operate a sick care program.
Subp. 2.Assistant teacher education and experience requirements.An assistant
teacher with the credential listed in column A must have the education and experience listed
in column B.
Column BColumn A
Experience: 2,080 hours as an aide
or student intern
(1) High school diploma or commissioner of
education-selected high school equivalency certification
Education: 12 quarter credits
2R
APPENDIX
Repealed Minnesota Rules: 25-00129 -----------------------------------------------------------------------------------------------------------
Experience: 2,080 hours as a
licensed family day care or group
(2) Minnesota license as a family day care or group
family day care provider
family day care provider
Education: 12 quarter credits
-----------------------------------------------------------------------------------------------------------
Experience: 520 hours as an aide
or student intern
(3) Diploma from Association Montessori Internationale
or preprimary credential, primary diploma, or
Education: three quarter credits
provisional certificate from the American Montessori
Society
-----------------------------------------------------------------------------------------------------------
Experience: 520 hours as an aide
or student intern
(4) Minnesota technical institute certificate as a Child
Development Assistant
Education: no additional required
-----------------------------------------------------------------------------------------------------------
Experience: 1,040 hours as an aide
or student intern
(5) Two years full-time postsecondary education from
a college or university
Education: nine quarter credits
-----------------------------------------------------------------------------------------------------------
Experience: no additional required
Education: no additional required
(6) Child Development Associate credential, center
based or for family day care, from the Council for Early
Childhood Professional Recognition
-----------------------------------------------------------------------------------------------------------
Experience: no additional required
Education: nine quarter credits
(7) Baccalaureate degree in any field from an accredited
college or university
-----------------------------------------------------------------------------------------------------------
Experience: no additional required
Education: no additional required
(8) Certificate or credential for a two year program in
child development or early childhood education at a
Minnesota community college or technical college
-----------------------------------------------------------------------------------------------------------
Experience: no additional required
Education: no additional required
(9) License from the Minnesota Department of Children,
Families, and Learning for Prekindergarten Associate
9503.0034AIDES, VOLUNTEERS, SUBSTITUTES.
Subpart 1.Aide qualifications.In this part, "aide" means a staff person who carries
out child care program activities under the supervision of a teacher or assistant teacher. An
aide who is under 18 years old must be directly supervised by a teacher or assistant teacher
at all times except when the aide is assisting with the supervision of sleeping children or
assisting children with washing, toileting, and diapering. An aide must be at least 16 years
old.
Subp. 2.Volunteers used as staff.A volunteer who is included in the staff-to-child
ratio must meet the requirements for the assigned staff position as specified in parts
3R
APPENDIX
Repealed Minnesota Rules: 25-00129 9503.0030 to 9503.0034. Volunteers who have direct contact with or access to children
must be supervised by a staff person who meets the qualifications for director, teacher, or
assistant teacher.
Subp. 3.Substitute staff.A person designated as a substitute must meet the
qualifications for the assigned staff position as specified in parts 9503.0030 to 9503.0034,
except that the license holder may use substitutes who do not meet the qualifications for
teacher in part 9503.0032, subpart 2, or assistant teacher in part 9503.0033, subpart 2, only
if:
A.the amount of unqualified substitute hours per center per calendar year does
not exceed 40 hours multiplied by the number of the center's full-time teacher and assistant
teacher positions;
B.unqualified substitutes are not used as teachers or assistant teachers for more
than ten consecutive working days for the same group of children per calendar year; and
C.there is always a person qualified as a teacher present within the center except
as qualified in part 9503.0040, subpart 2, item B.
9503.0040STAFF RATIOS AND GROUP SIZE.
Subpart 1.Staff-to-child ratios and maximum group size.Except as provided in
subpart 2, the minimally acceptable staff-to-child ratios and the maximum group size within
each age category are:
Maximum Group SizeMinimum Staff:Child RatioAge Category
81:4Infant
141:7Toddler
201:10Preschooler
301:15School-age child
Subp. 2.Staff distribution.The license holder must ensure that the following
requirements for staff distribution are met and a written staff distribution record is kept in
the administrative record.
A.Only a staff person who is qualified as a teacher, assistant teacher, or aide and
who works directly with children can be counted in meeting the staff-to-child ratios.
B.An assistant teacher may be substituted for a teacher during morning arrival
and afternoon departure times if the total arrival and departure time does not exceed 25
percent of the center's daily hours of operation.
C.The maximum group size applies at all times except during meals, outdoor
activities, field trips, naps and rest, and special activities such as films, guest speakers, and
holiday programs.
D.Except as provided in item B, staff distribution within each age category must
follow the pattern in subitems (1) to (4).
(1)The first staff member needed to meet the required staff-to-child ratio
must be a teacher.
(2)The second staff member must have at least the qualifications of a child
care aide.
(3)The third staff member must have at least the qualifications of an assistant
teacher.
(4)The fourth staff member must have at least the qualifications of a child
care aide.
4R
APPENDIX
Repealed Minnesota Rules: 25-00129 The pattern in subitems (1) to (4) must be repeated until the number of staff needed to
meet the staff-to-child ratio for each age category has been achieved.
Subp. 3.Age category grouping.Children in different age categories may be grouped
as follows:
A.During morning arrival and afternoon departure times, children in different
age categories may be grouped together if:
(1)the total arrival and departure time does not exceed 25 percent of the daily
hours of operation;
(2)the staff-to-child ratio, group size, and staff distribution applied are for
the age category of the youngest child present; and
(3)the group is divided when the number of children present reaches the
maximum group size of the youngest child present.
B.During the center's regular hours of operation, children in different age
categories may be mixed within a group if:
(1)infants are not grouped with children of other age categories;
(2)there is no more than a 36-month range in age among children in a group;
(3)the staff-to-child ratios, group size, and staff distribution applied are for
the youngest child present; and
(4)program staff are qualified to teach the ages of all children present within
the group.
The restriction in subitem (2) may be waived if all children in the group are school age.
Subp. 4.Age designation.A child must be designated as a member of the age category
that is consistent with the child's date of birth with the following exceptions:
A.A child may be designated as an "infant" up to the age of 18 months for purposes
of staff ratios, group size, and child care programming, if the parent, teacher, and center
director determine that such a designation is in the best interests of the child. A child may
be designated as a "toddler" up to the age of 35 months, or as a "preschooler" at the age of
31 months for purposes of staff ratios, group size, and child care programming, if the parent,
teacher, and center director determine that the designation is in the best interests of the child.
B.A child attending kindergarten must be designated a school-age child.
5R
APPENDIX
Repealed Minnesota Rules: 25-00129