SF 3314

as introduced - 89th Legislature (2015 - 2016) Posted on 03/30/2016 09:04am

A bill for an act
relating to child care; providing a temporary exemption from certain positive
support strategy rules; proposing coding for new law in Minnesota Statutes,
chapter 245A.

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

Section 1.

new text begin [245A.23] POSITIVE SUPPORT STRATEGIES.
new text end

new text begin (a) The commissioner of human services, in conjunction with licensed programs
that provide group family day care and family day care under Minnesota Rules, chapter
9502, and child care centers licensed under Minnesota Rules, chapter 9503, must review
and evaluate the applicability of Minnesota Rules, chapter 9544, the positive support
strategies and restrictive interventions rules, to child care programs. The commissioner
must consider the undue hardship, including increased cost and reduction in child care
services, experienced by child care providers and child care centers as a result of the
application of chapter 9544. The commissioner must determine which rules must apply
to each type of program, to what extent each rule must apply, and consider granting
variances to the requirements to programs that submit a request for a variance. The
commissioner must complete this review and evaluation process of the applicability of
Minnesota Rules, chapter 9544, to child care programs no later than December 31, 2016.
The commissioner must submit a written plan to modify application of rules for child care
programs to the house of representatives and senate committees with jurisdiction over
child care no later than January 15, 2017.
new text end

new text begin (b) Until the commissioner has completed the review and evaluation process and
submitted a written plan to the legislature required under paragraph (a), programs licensed
as family day care and group family day care facilities under Minnesota Rules, chapter
9502, and programs licensed as child care centers under Minnesota Rules, chapter 9503,
are exempt from the following rules:
new text end

new text begin (1) part 9544.0040, functional behavior assessment, unless the child has a case
manager under section 256B.092, subdivision 1a, paragraph (e); and
new text end

new text begin (2) part 9544.0090, staff qualifications and training.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end