SF4324

Purpose

This bill would modernize and codify Minnesota’s licensing rules for licensed child care centers and family child care programs. It sets new requirements for how centers operate, who works there, how care is supervised, and how programs are administered to protect children’s health, safety, and development. It also reorganizes and updates related statutes and rules to align with the new framework.

Scope and applicability

• Applies to licensed child care centers and family child care programs in Minnesota.
• Requires licensing compliance under the new chapter and related statutes; allows variances when certain conditions are met.
• Replaces or updates some older statutory sections and related rules to fit the new structure.

Key program types and licensing categories

• Centers may run one or more program types: day programs, drop-in programs, night care, sick care, or combinations of these.
• New definitions and categories cover who is served (infants, toddlers, preschoolers, school-age children) and how care is delivered (e.g., drop-in, overnight care).

Staffing and supervision requirements

• Each center must have a director responsible for program oversight, health and safety, staff supervision, and daily operations.
• There are explicit qualifications for directors, teachers, assistant teachers, aides, volunteers, and substitutes.
• On-site presence: the director or a designee must be on site during operation; designees may include qualified staff who are not full directors.
• Training and ongoing development are required for staff, volunteers, and substitutes, with specified timelines and content.

Directors and teaching staff

• Directors: minimum age and education requirements; significant experience in staff supervision and leadership; may also fill teaching roles in a classroom as needed.
• Teachers: must meet age and education requirements, plus specific postsecondary credits and practical experience; Montessori credentials or related diplomas can satisfy some requirements.
• Assistant teachers: must meet lower-but-building credentials (with credits and hours) and progress toward higher qualifications.
• Aides, volunteers, and substitutes: defined roles, supervision expectations, and training requirements; procedures for tracking and using unqualified substitutes.

Training and professional development

• New employee orientation must occur before direct contact with children; new hires after July 1, 2027 must complete basic licensing training within 90 days.
• Orientation content includes child abuse prevention, medication policies, allergy prevention, behavior guidance, transportation safety, program plans, health and safety policies, emergency procedures, infectious disease prevention, and maltreatment recognition.
• Child care basics training and ongoing in-service training are required; certain degrees or credentials can exempt individuals from some in-service training requirements.
• Pediatric first aid and pediatric CPR are required for program staff, with timelines for initial completion and ongoing renewal every two years.
• Some trainings may be completed online if approved by the commissioner; trainings must be documented and kept on site.

Policies, safety, and administration

• Centers must maintain and enforce comprehensive program policies and procedures, and ensure staff and volunteers are trained and able to implement them.
• Policies must be accessible to staff and volunteers and organized with a clear index.
• Programs must include a written child care program plan focused on children’s development and safety.

Health, safety, and compliance

• Rules cover health policies, cleaning and disinfection, emergency preparedness, accident policies, risk reduction plans, infant care safety, and transportation/safety for field trips.
• There are specific definitions related to health and safety terms (e.g., direct contact, supervision, access and supervision of children, arrival/departure times).
• The bill introduces explicit limits on how arrival and departure times are scheduled within a center’s licensed hours.

Notable changes to existing law

• Codifies a new licensing framework under chapters 142H and 142I, and makes amendments to related statutes and rules, while repealing or consolidating certain older sections.
• Introduces formal qualifications and on-site presence requirements for directors and for teaching staff, including Montessori-related credentials as acceptable qualifications.
• Establishes detailed staff ratios and roles (director, teachers, assistants, aides, volunteers, substitutes) with defined training and documentation requirements.
• Adds comprehensive orientation and ongoing training requirements, including pediatric first aid and CPR, with specified timeframes and possible online delivery.
• Creates new requirements for program policies, parent access, record keeping, and safety-related program plans.
• Allows variances under defined conditions, expanding flexibility for license holders to meet safety and program needs.

Relevant Terms - license, license holder, center, family child care - 142H, 142I, 142B (statutory references) - day program, drop-in, night care, sick care - infant, toddler, preschooler, school age - program staff, director, teacher, assistant teacher, aide - volunteer, substitute - on site, designee, supervision, direct contact - program policies and procedures, child care program plan - health and safety, cleaning, disinfecting, emergency preparedness - arrival and departure times - pediatric first aid, pediatric CPR - Montessori credentials, American Montessori Society, Montessori International - training, orientation, in-service, professional development - maltreatment recognition, risk reduction plan, emergency policies - transportation and field trips - log, records, documentation, compliance, variances - capacity, staffing requirements, staff ratios - ongoing development, child development and learning training