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Variances for licensed child care centers
A variance may be granted by the Commissioner for requirements in licensing rules that do not affect the health or safety of children in a licensed program if certain conditions are met.
All variance requests must be submitted in the Provider Hub. General variance requests are submitted on the Variance tab. Staff variance requests are submitted on the Personnel tab.
Variance requests are submitted to licensors for approval. If further action is required by the provider, the licensor will send the provider an email notification. The variance review and approval can be seen by the provider within the Provider Hub.
General variance requests are submitted on the Variance tab within the Provider Hub.
In licensed child care centers, variance requests can be submitted for requirements to Rule 3 (Chapter 9503).
Examples of general variances that have been requested by child care centers:
- A child who is developmentally ready to transition to the next age group but does not quite meet the age requirement as defined in Rule 3. For example, a variance may be granted for an infant who is 15 months old and developmentally ready to move into the toddler classroom, as agreed upon by the center and the child’s parent(s).
- Hand sink in the diaper changing area is more than three feet from the diaper changing surface. A variance may be granted if the hand sink is slightly farther than three feet away from the diaper changing table.
Resources:
Staff qualification variances are submitted on the Personnel tab within the Provider Hub. After the personnel record is created for the staff person and the required information is entered, the Hub will give the provider the option to request a variance. The option to request a variance will only show if the staff person does not qualify for the position entered.
There are two types of staff qualification variance requests:
Track 1 variances:
This type of variance is for staff who are working toward meeting one of the qualification options for director, teacher, or assistant teacher in Rule 3. Variances are granted for the staff person's experience and/or post-secondary education for a time period in which the staff person gains the experience and/or post-secondary education needed to qualify for the position.
For a Track 1 variance, the provider will be required to request the variance and upload education and experience information on the staff person’s personnel record within the Provider Hub.
Track 2 variances:
This type of variance is for staff 18 years of age or older who are not directly working toward the full qualification requirements for one of the options for director, teacher, or assistant teacher in Rule 3. For this variance type, the staff person is required to have experience working in a licensed child care center, completed a minimum number of training hours (education) from a list of approved training organizations, and commit to completing additional training each calendar year.
Eligibility for Track 2 variances
The eligibility requirements for Track 2 variances are based on the position for which the variance is being requested:
- Director: 1040 experience hours with 100 education hours.
- Teacher: 1040 experience hours (640 at the current center) with 100 education hours or 4160 experience hours (640 at the current center) with 50 education hours.
- Assistant teacher: 640 hours of experience at the current center with 50 education hours.
The education hours a staff person must complete for Track 2 variances must be from the list of approved training organizations or the list of accepted college courses to qualify classroom staff. The education must be completed within the last five years. Training in first aid, CPR, SUID, and AHT are not counted toward education hours for Track 2 variances.
When requesting a Track 2 variance, the provider will be required to request the variance and upload education and experience information on the staff person’s personnel record within the Provider Hub. Additionally, the provider will need to submit short and long term career goals for the staff person and attest that the staff person will complete additional training while the variance is in effect.
For help finding training and creating your short and long-term career goals, contact your local Child Care Aware Office for support from a Professional Development Advisor.
If the Track 2 variance is approved
Track 2 variances are granted until the end of the current calendar year and require that the staff person completes ongoing training (education) requirements from the list of approved training organizations or the list of accepted college courses to qualify classroom staff. The amount of training required is based on the position for which the Track 2 variance was granted:
- Director: 20 hours of approved trainings each calendar year
- Teacher: 14 hours of approved trainings each calendar year
- Assistant Teacher: 10 hours of approved trainings each calendar year
Licensors review the individual’s progress for ongoing training. If the individual does not complete the training as required, the variance approval may be rescinded, additional variances will not be granted, and ultimately, the individual would no longer be able to work in the position approved through the variance.
Resource:
Variances not subject to appeal: The commissioner's decision to grant or deny a variance request is final and is not subject to appeal.
The commissioner may grant a continuous variance when conditions under which the variance is requested do not affect the health or safety of persons being served by the licensed program, nor compromise the qualifications of staff to provide services.
A variance expires upon the specified date on the approved variance or when the conditions that warranted the variance are modified in any way. A continuous variance expires as soon as the conditions that warranted the variance are modified in any way.
An applicant or license holder must inform the commissioner of any changes or modifications that have occurred in the conditions that warranted the continuous variance. Failure to advise the commissioner shall result in revocation of the continuous variance and may be cause for other sanctions under MN Statutes, sections 142B.16 and 142B.18.