SF 4993

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/08/2026 09:33 a.m.

A bill for an act
relating to child care and early education; establishing the Minnesota Board of
Early Care and Education; providing duties and responsibilities; authorizing
rulemaking; requiring reports; appropriating money; amending Minnesota Statutes
2024, section 142E.07, subdivision 3; proposing coding for new law in Minnesota
Statutes, chapter 142D.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [142D.40] TITLE.
new text end

new text begin Sections 142D.40 to 142D.48 shall be known as the "Minnesota Board of Early Care
and Education Act."
new text end

Sec. 2.

new text begin [142D.41] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 142D.40 to 142D.48, the following
terms have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Board. new text end

new text begin "Board" means the Minnesota Board of Early Care and Education.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of children, youth,
and families.
new text end

new text begin Subd. 4. new text end

new text begin Early care and education program. new text end

new text begin "Early care and education program"
means:
new text end

new text begin (1) a family and group family child care home licensed under Minnesota Rules, chapter
9502;
new text end

new text begin (2) a child care center licensed under Minnesota Rules, chapter 9503;
new text end

new text begin (3) a Tribally licensed child care program;
new text end

new text begin (4) a Head Start or Early Head Start organization; and
new text end

new text begin (5) a school-based early care and learning program for children in the period of life from
birth to kindergarten.
new text end

new text begin Subd. 5. new text end

new text begin Early childhood. new text end

new text begin "Early childhood" means the period of life from birth to
kindergarten.
new text end

new text begin Subd. 6. new text end

new text begin Licensed health and safety program. new text end

new text begin "Licensed health and safety program"
means an early care and education program subject to licensing requirements under chapter
142B and Minnesota Rules, chapters 9502 and 9503.
new text end

new text begin Subd. 7. new text end

new text begin Metropolitan area. new text end

new text begin "Metropolitan area" has the meaning given in section
473.121, subdivision 2.
new text end

new text begin Subd. 8. new text end

new text begin Quality recognition pathway. new text end

new text begin "Quality recognition pathway" means a
standardized process approved by the board designed to demonstrate an early care and
education program's excellence in providing early childhood cognitive, physical, social,
and emotional development.
new text end

new text begin Subd. 9. new text end

new text begin Recognized program. new text end

new text begin "Recognized program" means an early care and education
program that has completed all requirements of a quality recognition pathway and has
attained a recognized early care and education program designation from the board.
new text end

Sec. 3.

new text begin [142D.42] BOARD OF EARLY CARE AND EDUCATION;
ESTABLISHMENT.
new text end

new text begin The Board of Early Care and Education is created to support the cognitive, physical,
social, and emotional development of children attending early care and education programs
through the development of program quality standards, improved early childhood educator
qualifications, and the consolidation of existing state supports for early care and education
programs and educators.
new text end

Sec. 4.

new text begin [142D.43] BOARD STRUCTURE.
new text end

new text begin Subdivision 1. new text end

new text begin Membership; officers. new text end

new text begin (a) The board must carry out and enforce the
purposes, powers, and duties of sections 142D.40 to 142D.48. The governor must appoint
the following members in accordance with section 15.066:
new text end

new text begin (1) three employees of a child care center licensed under Minnesota Rules, chapter 9503,
at least one from greater Minnesota and at least one from the metropolitan area;
new text end

new text begin (2) three individuals who are license holders of a family or group family child care home
licensed under Minnesota Rules, chapter 9502, at least one from greater Minnesota and at
least one from the metropolitan area;
new text end

new text begin (3) two employees of an early care and education program operated by a public school
district or charter school, one from greater Minnesota and one from the metropolitan area;
new text end

new text begin (4) one representative of a federally recognized Tribe in Minnesota who has expertise
in the Tribal early care and education system;
new text end

new text begin (5) one representative of a Head Start or Early Head Start program;
new text end

new text begin (6) two parents of children who are currently attending or have attended any type of
early care and education program in the past three years, one from greater Minnesota and
one from the metropolitan area;
new text end

new text begin (7) one pediatrician with expertise in developmental and behavioral pediatrics or early
childhood mental health or a licensed mental health professional with expertise in early
childhood development;
new text end

new text begin (8) one faculty member or researcher of a higher education or research institution with
expertise in early childhood education or development; and
new text end

new text begin (9) the commissioner or the commissioner's designee.
new text end

new text begin (b) In making appointments under this subdivision, the governor must, to the extent
practicable, reflect the racial, ethnic, cultural, and linguistic diversity of children, families,
and early childhood educators in Minnesota and include representation from individuals
with experience serving children with disabilities.
new text end

new text begin (c) Initial appointments must be made by August 1, 2027.
new text end

new text begin (d) The board must elect a member to serve as the chairperson at the first meeting.
new text end

new text begin Subd. 2. new text end

new text begin Terms; compensation; removal; vacancies. new text end

new text begin The membership terms,
compensation, removal of members, and filling of vacancies on the board are governed by
section 15.0575.
new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin (a) The commissioner or the commissioner's designee must convene
the first meeting within 60 days after appointments to the board are completed.
new text end

new text begin (b) The board must meet at least quarterly.
new text end

new text begin (c) Meetings of the board are subject to chapter 13D.
new text end

new text begin Subd. 4. new text end

new text begin Department support. new text end

new text begin The commissioner must provide support staff, office
space, and administrative services to the board.
new text end

Sec. 5.

new text begin [142D.44] DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Quality recognition pathways. new text end

new text begin The board must identify and approve
multiple quality recognition pathways in accordance with section 142D.45.
new text end

new text begin Subd. 2. new text end

new text begin Educator standards. new text end

new text begin The board must establish standards for early childhood
educator qualifications in accordance with section 142D.46.
new text end

new text begin Subd. 3. new text end

new text begin Supports. new text end

new text begin The board must review and consolidate existing state policies for
supporting an early care and education program in accordance with section 142D.47.
new text end

new text begin Subd. 4. new text end

new text begin Reports. new text end

new text begin The board must provide reports in accordance with section 142D.48,
subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Variances. new text end

new text begin (a) The board may grant variances to requirements established
under sections 142D.40 to 142D.48 that do not affect the health or safety of individuals in
an early care and education program if the following conditions are met:
new text end

new text begin (1) the variance must be requested by an applicant on a form and in a manner prescribed
by the board;
new text end

new text begin (2) the request for a variance must include the reasons the applicant cannot comply with
a requirement as stated and the alternative equivalent measures the applicant will follow to
comply with the intent of the standard; and
new text end

new text begin (3) the request must state the period of time for which the variance is requested.
new text end

new text begin (b) The board's decision to grant or deny a variance request is final and not subject to
appeal under the provisions of chapter 14.
new text end

new text begin Subd. 6. new text end

new text begin Review of standards. new text end

new text begin The board must review and update approved quality
recognition pathways, educator requirements, and supports at least every two years.
new text end

new text begin Subd. 7. new text end

new text begin Considerations. new text end

new text begin In exercising the board's duties under this section, the board
must:
new text end

new text begin (1) consider data on child development and learning, early care and education program
supply, and the early care and education workforce, including data disaggregated by race,
ethnicity, geography, income, and disability status;
new text end

new text begin (2) review current research on child development and effective early care and education
practices;
new text end

new text begin (3) solicit and consider information from families, early childhood educators, program
leaders, experts in early care and education, and community organizations, including those
representing racially, culturally, and linguistically diverse communities;
new text end

new text begin (4) consider information from Tribal governments and state and local government entities
with responsibilities related to early care and education; and
new text end

new text begin (5) assess the estimated impacts and costs of proposed board actions for early care and
education programs.
new text end

Sec. 6.

new text begin [142D.45] DUTIES; QUALITY RECOGNITION PATHWAYS.
new text end

new text begin Subdivision 1. new text end

new text begin Pathway approval. new text end

new text begin (a) The board must:
new text end

new text begin (1) identify and approve multiple quality recognition pathways;
new text end

new text begin (2) approve a sufficient number of quality recognition pathways to accommodate different
early care and education program types and sizes; and
new text end

new text begin (3) provide quality recognition pathways for licensed health and safety programs and
early care and education programs not subject to licensing requirements under chapter 142B
and Minnesota Rules, chapters 9502 and 9503.
new text end

new text begin (b) The board may approve a national accreditation or certification as a quality recognition
pathway or an alternative quality recognition pathway designed to provide more flexibility
and reflect differences in early care and education program methodology and settings. The
board must establish clear parameters and measures for each alternative pathway option.
new text end

new text begin (c) All quality recognition pathways approved by the board must:
new text end

new text begin (1) be based on current early childhood development and learning research;
new text end

new text begin (2) rely on industry-led quality standards and measures of child care excellence;
new text end

new text begin (3) align with the commissioner's early childhood indicators of progress;
new text end

new text begin (4) use comparable evidence of practice and child development; and
new text end

new text begin (5) include third-party verification methods.
new text end

new text begin (d) The board must approve each third-party verification entity that has the authority to
verify whether an early care and education program has met the requirements of a quality
recognition pathway. Third-party verification entities include but are not limited to a
professional membership organization, a postsecondary institution, a research organization,
or a Tribal or cultural organization. The board must publicly post a list of approved third-party
verification entities.
new text end

new text begin Subd. 2. new text end

new text begin Interaction with licensing. new text end

new text begin (a) Nothing in this section alters the health and
safety licensing requirements under chapter 142B and Minnesota Rules, chapters 9502 and
9503. A licensed health and safety program must comply with all health and safety
requirements in addition to all requirements established by the board for the program's
selected quality recognition pathway.
new text end

new text begin (b) The board must provide a clear process for the transition from a licensed health and
safety program to a recognized early care and education program.
new text end

new text begin (c) The board must not duplicate statutory and administrative rule requirements when
approving quality recognition pathways and adopting rules under section 142D.48.
new text end

new text begin Subd. 3. new text end

new text begin Mandatory participation. new text end

new text begin Participation in a quality recognition pathway is
mandatory. An early care and education program must become a recognized program to
receive state and federal money under sections 142A.44, 142D.21, and 142D.25, and chapter
142E.
new text end

Sec. 7.

new text begin [142D.46] DUTIES; EDUCATOR STANDARDS.
new text end

new text begin (a) The board must identify and approve standards for different levels of qualifications.
In developing standards, the board must consult with early childhood educators across
different types of early care and education programs, postsecondary institutions, Tribal
governments, and relevant state agencies.
new text end

new text begin (b) Standards for all levels of qualification established by the board must:
new text end

new text begin (1) be based on current early childhood development and learning research;
new text end

new text begin (2) rely on industry-led quality standards and measures of early childhood professional
excellence;
new text end

new text begin (3) align with nationally recognized knowledge and competencies frameworks for early
childhood professionals; and
new text end

new text begin (4) reflect multiple methods of demonstrating competency beyond a postsecondary
degree.
new text end

new text begin (c) The board must work with the commissioner to ensure board standards are reflected
in rules and policies promulgated by the commissioner.
new text end

Sec. 8.

new text begin [142D.47] DUTIES; SUPPORTS.
new text end

new text begin (a) The board must review state policies to improve program access to state support.
The board must focus its review on aligning existing state supports with quality recognition
pathways approved under section 142D.45 and educator qualifications established under
section 142D.46.
new text end

new text begin (b) The board may recommend rule, statutory, or budgetary changes to existing state
policies. Recommendations must be submitted in writing to the commissioner and the chairs
and ranking minority members of the legislative committees with jurisdiction over early
childhood care and education.
new text end

Sec. 9.

new text begin [142D.48] AUTHORITY OF THE BOARD; REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Rulemaking authority. new text end

new text begin (a) The board may adopt rules subject to the
provisions of chapter 14 necessary to carry out the powers, duties, and responsibilities given
to the board under sections 142D.40 to 142D.48.
new text end

new text begin (b) In the event of a conflict between a rule adopted by the board and a rule adopted by
another state agency, the rule adopted by the board applies.
new text end

new text begin (c) Notwithstanding paragraph (b), if the commissioner determines a rule adopted by
the board conflicts with a licensing provision under chapter 142B or Minnesota Rules,
chapter 9502 or 9503, the board rule does not apply.
new text end

new text begin (d) The commissioner may, upon receipt of a board proposal, accept, adopt, and issue
the board proposal by rule with any modifications or amendments the commissioner deems
appropriate. The commissioner may refer a proposal back to the board with recommendations
for further study, consideration, or revision. If the commissioner refuses to adopt a board
proposal or issue a board proposal by rule or other appropriate action, the commissioner
must provide a written explanation of the reason for the refusal to the board within 30 days
after the board submitted the proposal to the commissioner. Any amendments to a board
proposal made by the commissioner must be shared in writing with the board.
new text end

new text begin Subd. 2. new text end

new text begin Advisory task force. new text end

new text begin The board may create an advisory task force under section
15.014 with a majority of members who have a working knowledge of early care and
education.
new text end

new text begin Subd. 3. new text end

new text begin Reports. new text end

new text begin (a) On or before December 1 of each year, the board must submit a
report to the governor and the chairs and ranking minority members of the legislative
committees with jurisdiction over child care licensing summarizing the work of the board.
The report must include, at a minimum, any recommended statutory changes or administrative
rule proposals and the funding necessary to implement the recommendations.
new text end

new text begin (b) On or before December 1 of each year, the board must publicly report on the impacts
of state policies on child development and learning, early care and education program supply,
and early care and education workforce qualifications and stability.
new text end

new text begin (c) The board may request data and information from state agencies to carry out the
board's duties under sections 142D.40 to 142D.48. To the extent permitted by law, state
agencies must provide the requested data or information or a written explanation of any
limitations on providing the data or information.
new text end

Sec. 10.

Minnesota Statutes 2024, section 142E.07, subdivision 3, is amended to read:

Subd. 3.

Child care development fund plan development; review.

new text begin (a) new text end In an effort to
improve state legislative involvement in the development of the Minnesota child care and
development fund plan, the commissioner must present a draft copy of the plan to the
legislative finance committees that oversee child care assistance funding no less than 30
days prior to the required deadline for submission of the plan to the federal government.
The legislature must submit any adjustments to the plan to the commissioner for consideration
within ten business days of receiving the draft plan. The commissioner must present a copy
of the final plan to the chairs of the legislative finance committees that oversee child care
assistance funding no less than four days prior to the deadline for submission of the plan to
the federal government.

new text begin (b) The commissioner must present a draft copy of the plan and money reserved for
activities to improve the quality of child care services under the child care and development
block grant to the Board of Early Care and Education no less than 30 days prior to the
required deadline for submission of the plan to the federal government. The Board of Early
Care and Education must submit any adjustments to the plan to the commissioner for
consideration within ten business days of receiving the draft plan. The commissioner must
present a copy of the final plan to the Board of Early Care and Education no less than four
days before the deadline for submission of the plan to the federal government. The
commissioner must include with the submission of the final plan a written explanation of
the Board of Early Care and Education adjustments pertaining to the use of quality set-aside
money that was rejected.
new text end

Sec. 11. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2027 is appropriated from the general fund to the Board of Early
Care and Education for the purposes of carrying out the board's duties under Minnesota
Statutes, sections 142D.40 to 142D.48.
new text end

Sec. 12. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 11 are effective the day following final enactment.
new text end