HF 2106

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/06/2023 07:10pm

A bill for an act
relating to child care licensing; modifying employment qualifications for child
care centers and amending child care center staffing rules; amending Minnesota
Statutes 2022, section 245A.02, subdivision 6b; proposing coding for new law in
Minnesota Statutes, chapter 245A.

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

Section 1.

Minnesota Statutes 2022, section 245A.02, subdivision 6b, is amended to read:

Subd. 6b.

Experience.

For purposes of child care centers, "experience" deleted text begin includes deleted text end new text begin is new text end paid
or unpaid employment deleted text begin serving children as a teacher, assistant teacher, aide, or a student
intern in a licensed child care center, in a public or nonpublic school, or in a program licensed
as a family day care or group family day care provider. deleted text end new text begin :
new text end

new text begin (1) caring for children as a teacher, assistant teacher, aide, or student intern:
new text end

new text begin (i) in a licensed child care center, a licensed family day care or group family day care,
or a Tribally licensed child care program in any United States state or territory; or
new text end

new text begin (ii) in a public or nonpublic school;
new text end

new text begin (2) caring for children as a staff person or unsupervised volunteer in a certified,
license-exempt child care center under chapter 245H;
new text end

new text begin (3) providing direct contact services in a home or residential facility serving children
with disabilities that requires a background study under section 245C.03; or
new text end

new text begin (4) providing direct contact services to elderly or disabled adults that requires a
background study under section 245C.03.
new text end

Sec. 2.

new text begin [245A.42] CHILD CARE CENTER HIRING PRACTICES.
new text end

new text begin As part of the employment assessment process, a child care center license holder or staff
person may observe how a prospective employee interacts with children in the licensed
facility. The prospective employee is not considered a child care background study subject
under section 245C.02, subdivision 6a, provided the prospective employee is under
continuous direct supervision by a staff person when the prospective employee has physical
access to a child served by the center. The observation period shall not be longer than two
hours, and a prospective employee must not be counted in staff-to-child ratios.
new text end

Sec. 3. new text begin DIRECTION TO COMMISSIONER; AMENDING STAFF DISTRIBUTION
RULES FOR CHILD CARE CENTERS.
new text end

new text begin (a) The commissioner of human services must amend Minnesota Rules, part 9503.0040,
subpart 2, item B, to allow an aide who is at least 18 years old or an assistant teacher to
substitute 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.
new text end

new text begin (b) For purposes of this section, the commissioner may use the good cause exemption
process under Minnesota Statutes, section 14.388, subdivision 1, clause (3), and Minnesota
Statutes, section 14.386, does not apply.
new text end

Sec. 4. new text begin DIRECTION TO COMMISSIONER; AMENDING STAFF QUALIFICATION
RULES FOR CHILD CARE CENTERS.
new text end

new text begin (a) The commissioner of human services must amend Minnesota Rules, parts 9503.0032
and 9503.0033, to allow a child care center to hire an individual as a teacher or assistant
teacher if the individual is at least 18 years old, has been employed in a direct child-serving
role at the center for a minimum of 30 days, is enrolled in a child development associate
credential program at the time of hire or will be within 60 days of being hired, and is expected
to complete the child development associate credential from the Council for Professional
Recognition within one year of the individual's hiring date.
new text end

new text begin (b) For purposes of this section, the commissioner may use the good cause exemption
process under Minnesota Statutes, section 14.388, subdivision 1, clause (3), and Minnesota
Statutes, section 14.386, does not apply.
new text end