This bill (S.F. No. 1641) proposes amendments to Minnesota Statutes 2024, section 142B.10, subdivision 16, to allow for variances in child care licensing related to licensed capacity and staff qualifications.

Key Provisions:

1. General Variance Authority:

   • The commissioner may grant variances to rules if health and safety are not affected.
   • Variance requests must be submitted on a designated form, state the reasons for non-compliance, and propose alternative measures to meet the intent of the rule.
   • A permanent variance may be granted if conditions remain unchanged and safety is not compromised.

2. Staff Qualification Variances:

   • The commissioner may approve variances for child care center staff qualifications as per Minnesota Rules 9503.0032 and 9503.0033.
   • The request must include a plan for the staff member to gain more experience, education, or training.
   • The commissioner will consider the staff member’s professional development progress (e.g., Minnesota Career Lattice).

3. Licensed Capacity Variances:

   • Child care centers may request a variance if their indoor space is within 100 square feet of the required space for maximum enrollment, provided they have the necessary staff and qualifications.

4. Standardized Application for Family Child Care Providers:

   • Counties must use a uniform variance application form developed by the commissioner for family child care license holders.

Impact and Purpose:

This bill provides greater flexibility for child care centers by allowing variances to staff qualifications and licensed capacity while ensuring that children's health and safety are not compromised. It also standardizes variance applications across counties for family child care providers.

Would you like any further clarifications?