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Michigan’s proposed rules. Pennsylvania staffing requirements are stricter than the proposed rules.
Training Requirements: Training requirements for Pennsylvania is similar to Michigan, while those of Minnesota and
Ohio are less extensive, and Wisconsin and Indiana have more requirements.
Discipline: The regulation for discipline in Illinois is less strict than the proposed rules, while Minnesota, Indiana, Ohio,
Pennsylvania, and Wisconsin are similar to the proposed rules.
A. If the rules exceed standards in those states, please explain why and specify the costs and benefits
arising out of the deviation.
The proposed rules exceed standards of other states in the areas of group size, training, and discipline.
Regarding group size, Michigan allows for larger group sizes. This allowance supports the staffing needs for
facilities, especially for preschool and school-age groups. The proposed rules require more clock hours of
ongoing training for professional development. The training hours might create an added cost to the licensee for
training; however, it also provides an opportunity for continued professional development and growth of staff.
The discipline requirements in the proposed rules provide more prohibited methods of discipline. This supports
positive methods of discipline used with children to guide their behavior and complies with Michigan statute.
3. Identify any laws, rules, and other legal requirements that may duplicate, overlap, or conflict with the
proposed rules.
To the best of the bureau’s knowledge, the proposed rules do not duplicate, overlap, or conflict with any laws, rules, or
other legal requirements.
A. Explain how the rules have been coordinated, to the extent practicable, with other federal, state, and
local laws applicable to the same activity or subject matter. This section should include a discussion of
the efforts undertaken by the agency to avoid or minimize duplication.
The process of revising the proposed rules involved gathering extensive feedback from many stakeholder
groups in effort to avoid or minimize duplication. Feedback was received from various agency representatives
including, Licensing and Regulatory Affairs Bureau of Fire Services, Michigan Department of Environment,
Great Lakes, and Energy, Michigan Department of Health and Human Services, Michigan Department of
Agriculture and Rural Development, Michigan Department of Lifelong Education, Advancement, and Potential,
and local health departments.
Substantive portions of the rules are federally required to access Child Development and Care funding. These
rules have been aligned with those requirements. There is no federal regulatory agency for child care center
licensing, so beyond alignment there is no overlap of regulatory functions.
PURPOSE AND OBJECTIVES OF THE RULE(S)
4. Identify the behavior and frequency of behavior that the proposed rules are designed to alter.
The licensing rules for child care centers were evaluated and revised in 2019, effective December 18, 2019. The
current rule set is complex due to federal and state requirements. Licensees and applicants struggle with the licensing
requirements, which leads to difficulty in recruiting and retaining staff, understanding the rules themselves, and
meeting the cost to comply with the rules. Also, families have difficulty finding affordable child care, which negatively
affects Michigan's economy. The proposed rule revisions are necessary to address the challenges faced by licensees,
clarify requirements of the federal Child Care and Development Block Grant, and provide for the health, welfare and
safety of children in affordable, quality licensed child care settings.
A. Estimate the change in the frequency of the targeted behavior expected from the proposed rules.
The proposed rule revision would assist in licensees finding and retaining qualified staff and understanding the
requirements of the rule, support growth due to the Governor's expansion of PreK for All, streamline processes,
and reorganize sections to improve the public’s understanding of the rules. The proposed rules will also address
changes required by the federal Office of Child Care to comply with Child Care and Development Fund (CCDF)
requirements.
B. Describe the difference between current behavior/practice and desired behavior/practice.
The current rules do not provide for flexibility of staffing, are cumbersome to comprehend, and are difficult to
implement. The proposed rules would provide flexibility, organization, and clarification of requirements.
MCL 24.245(3)