Michigan Office of Administrative Hearings and Rules

Administrative Rules Division (ARD)

MOAHR-Rules@michigan.gov

AGENCY REPORT TO THE

JOINT COMMITTEE ON ADMINISTRATIVE RULES (JCAR)

AGENCY INFORMATION:

Agency name:

Lifelong Education, Advancement, and Potential

Division/Bureau/Office:

Office of Early Childhood Education

Name of person completing this form:

Chanti Cole

Phone number of person completing this form:

313-820-7634

Email of person completing this form:

ColeC5@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Monica Sturdivant

RULE SET INFORMATION:

MOAHR assigned rule set number:

2024-11 LP

Title of the proposed rule set:

Licensing Rules for Child Care Center

1. Purpose of the proposed rules and background:

These rules provide for the protection of children through the licensing of child care centers. The Child Care Licensing

Bureau (CCL) anticipates introducing additional rules, amending, or eliminating existing rules to address

inconsistencies with current state statutes and federal regulations.

Under Child Care Organizations (excerpt) Act, 1973 PA 116, the licensing rules must undergo a major review by an

advisory ad hoc committee not less than once every 5 years and be reviewed biennially by the department. The

Michigan Department of Lifelong Education, Advancement, and Potential (MiLEAP) anticipates the ad hoc committee

recommending several changes when the committee convenes. As a result of these recommendations, changes to

the rules may include or address but are not limited to, growth due to the Governor's expansion of PreK for All, the

lack of child care in the state, lack of staffing for child care, streamlining processes, and reorganizing sections to

improve the public’s understanding of the rules. MiLEAP will also address changes required by the federal Office of

Child Care to comply with Child Care and Development Fund (CCDF) requirements.

2. Summary of the proposed rules:

The proposed rules add parts and revise the structure of existing rules to properly group items by topic. In addition,

the proposed rules revise and add definitions to increase clarity, adds a part on school age child care center specific

exemptions to clearly state which rules school age only centers are exempt from, extends allowable transportation

time from 1 hour to 1.5 hours, adds requirements on anaphylactic shock policies, adds provisions related to Outdoor

nature-based centers, provides flexibility for group sizes and naptime ratios, eliminates requirements for tuberculosis

testing, provides allowances to incorporate Individual Family Services Plan, Individualized Education Plans and 504

plans for children in care, adjusted qualification requirements to include certain work experiences as a substitute for

certain credentials, and makes clarifications throughout.

3. List names of newspapers in which the notice of public hearing was published and publication

dates:

MCL 24.242 and 24.245

Agency Report to JCAR -Page 2

Flint Journal, published 11/07/2024.

Daily Press, published 11/06/2024.

Battle Creek Enquirer, published 11/08/2024.

4. Date of publication of the proposed rules and notice of public hearing in the Michigan Register:

11/15/2024

5. Date, time, and location of the public hearing:

11/19/2024 01:30 PM at Michigan Library and Historical Center, 1st Floor Forum, 702 W. Kalamazoo Street, Lansing,

MI 48915

6. Provide the link the agency used to post the regulatory impact statement and cost-benefit analysis

on its website:

https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=1518

7. List of the name and title of agency representative(s) who attended the public hearing:

Erika Bigelow, Michigan Department of Lifelong Education, Advancement, and Potential.

Monica Sturdivant, Michigan Department of Lifelong Education, Advancement, and Potential.

8. Persons submitting comments of support:

Amanda Klein

Megan (Last name not provided)

Kirsty MacIver

9. Persons submitting comments of opposition:

N/A

10. Persons submitting other comments:

Bryan McCormick

Anne Creek

Pam Bailey

Angelique Nichols -Submitted letter from Erin Skeene-Pratt

Patricia Soutas-Little

Stephanie Beckett

Crystal Forsberg

Ryan Waalkes

Marci McCoy

Jennifer Wilson

Becky Gorinac

Mike Latvis

Brian Gutman

Lee Anna Massey

Jessica Anderson

Anonymous Submission

11. Identify any changes made to the proposed rules based on comments received during the public

comment period:

Name &

Comments Made at Written Comments

Agency Rationale for Rule Rule Number &

Organization Public Hearing

Change & Description of

Change(s) Made

Citation

Changed

Angelique

Nichols,

Michigan

Currently, the Michigan The Agency agrees with the R 400.8102(c)

Youth Development suggestion to clarify the

Associate definition is definition. The definition will

MCL 24.242 and 24.245

Agency Report to JCAR -Page 3

Afterschool

Partnership

written as "Michigan

school age or youth

be as follows: ꢀMichigan

school age or youth

development associate development associate

credential” means a credential means a credential

certificate or credential issued by the Michigan

issued by the Michigan Afterschool Partnership in

Afterschool afterschool collaboration with or similar

Association partnership credential approved by the

in collaboration with or department.

similar credential

approved by the

department." ꢀ

We would like to

recommend this

ꢀ

correction: Michigan

school age or youth

development associate

credential” means a

credential issued by the

Michigan Afterschool

Association Partnership

in collaboration with or

similar credential

approved by the

department. ꢀ

ꢀ

Although there are two

pathways for a MiYDA,

only one pathway (the

credential) is what is

used to substantiate

the necessary

education requirements

for licensed positions.

To keep the definition

as written, implies that

the certificate is a

substantiated method

of rigor and training

necessary for the roles

and responsibilities of

Program and Site

Administrator and it is

not. We ask that you

consider the new

definition to distinguish

what is an appropriate

and acceptable

pathway for obtaining

employment within a

licensed facility.

Erica Willard, An area of concern is

The Agency agrees with

suggestion based on the

information provided. The

age for time out will return to

3 years.

R 400.8280(3)(a)

Michigan

around lowering the

Association for age for time out from

the Education 3 years to 2 years.

of Young

Children

Requests that it be

reconsidered and

returned to 3 years of

age.

MCL 24.242 and 24.245