# Minn. R. 9503.0040: STAFF RATIOS AND GROUP SIZE > Minnesota · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MN_ADR_9503_0040 ## Section - **Citation:** Minn. R. 9503.0040 - **Heading:** STAFF RATIOS AND GROUP SIZE - **Jurisdiction:** Minnesota - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Minnesota Administrative Rules / DEPARTMENT OF HUMAN SERVICES / Chapter 9503 / Part 9503.0040 ## Text Subpart 1. Staff-to-child ratios and maximum group size. Except as provided in subpart 2, the minimally acceptable staff-to-child ratios and the maximum group size within each age category are: Age Category Minimum Staff:Child Ratio Maximum Group Size Infant 1:4 8 Toddler 1:7 14 Preschooler 1:10 20 School-age child 1:15 30 Subp. 2. Staff distribution. The license holder must ensure that the following requirements for staff distribution are met and a written staff distribution record is kept in the administrative record. A. Only a staff person who is qualified as a teacher, assistant teacher, or aide and who works directly with children can be counted in meeting the staff-to-child ratios. B. An assistant teacher may be substituted 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. C. The maximum group size applies at all times except during meals, outdoor activities, field trips, naps and rest, and special activities such as films, guest speakers, and holiday programs. D. Except as provided in item B, staff distribution within each age category must follow the pattern in subitems (1) to (4). (1) The first staff member needed to meet the required staff-to-child ratio must be a teacher. (2) The second staff member must have at least the qualifications of a child care aide. (3) The third staff member must have at least the qualifications of an assistant teacher. (4) The fourth staff member must have at least the qualifications of a child care aide. The pattern in subitems (1) to (4) must be repeated until the number of staff needed to meet the staff-to-child ratio for each age category has been achieved. Subp. 3. Age category grouping. Children in different age categories may be grouped as follows: A ve at least the qualifications of an assistant teacher. (4) The fourth staff member must have at least the qualifications of a child care aide. The pattern in subitems (1) to (4) must be repeated until the number of staff needed to meet the staff-to-child ratio for each age category has been achieved. Subp. 3. Age category grouping. Children in different age categories may be grouped as follows: A. During morning arrival and afternoon departure times, children in different age categories may be grouped together if: (1) the total arrival and departure time does not exceed 25 percent of the daily hours of operation; (2) the staff-to-child ratio, group size, and staff distribution applied are for the age category of the youngest child present; and (3) the group is divided when the number of children present reaches the maximum group size of the youngest child present. B. During the center's regular hours of operation, children in different age categories may be mixed within a group if: (1) infants are not grouped with children of other age categories; (2) there is no more than a 36-month range in age among children in a group; (3) the staff-to-child ratios, group size, and staff distribution applied are for the youngest child present; and (4) program staff are qualified to teach the ages of all children present within the group. The restriction in subitem (2) may be waived if all children in the group are school age. Subp. 4. Age designation. A child must be designated as a member of the age category that is consistent with the child's date of birth with the following exceptions: A. A child may be designated as an "infant" up to the age of 18 months for purposes of staff ratios, group size, and child care programming, if the parent, teacher, and center director determine that such a designation is in the best interests of the child on. A child must be designated as a member of the age category that is consistent with the child's date of birth with the following exceptions: A. A child may be designated as an "infant" up to the age of 18 months for purposes of staff ratios, group size, and child care programming, if the parent, teacher, and center director determine that such a designation is in the best interests of the child. A child may be designated as a "toddler" up to the age of 35 months, or as a "preschooler" at the age of 31 months for purposes of staff ratios, group size, and child care programming, if the parent, teacher, and center director determine that the designation is in the best interests of the child. B. A child attending kindergarten must be designated a school-age child. ## Nearby sections - [Minn. R. 9503.0005 DEFINITIONS](https://www.frixlaw.com/law-library/statutes/STATE_MN_ADR_9503_0005.md) - [Minn. R. 9503.0010 APPLICABILITY](https://www.frixlaw.com/law-library/statutes/STATE_MN_ADR_9503_0010.md) - [Minn. R. 9503.0015 OPTIONS FOR CHILD CARE PROGRAMS](https://www.frixlaw.com/law-library/statutes/STATE_MN_ADR_9503_0015.md) - [Minn. R. 9503.0030 QUALIFICATIONS OF APPLICANT AND STAFF](https://www.frixlaw.com/law-library/statutes/STATE_MN_ADR_9503_0030.md) - [Minn. R. 9503.0031 DIRECTORS](https://www.frixlaw.com/law-library/statutes/STATE_MN_ADR_9503_0031.md) - [Minn. R. 9503.0032 TEACHERS](https://www.frixlaw.com/law-library/statutes/STATE_MN_ADR_9503_0032.md) - [Minn. R. 9503.0033 ASSISTANT TEACHERS](https://www.frixlaw.com/law-library/statutes/STATE_MN_ADR_9503_0033.md) - [Minn. R. 9503.0034 AIDES, VOLUNTEERS, SUBSTITUTES](https://www.frixlaw.com/law-library/statutes/STATE_MN_ADR_9503_0034.md) - [Minn. R. 9503.0040 STAFF RATIOS AND GROUP SIZE](https://www.frixlaw.com/law-library/statutes/STATE_MN_ADR_9503_0040.md) - [Minn. R. 9503.0045 CHILD CARE PROGRAM PLAN](https://www.frixlaw.com/law-library/statutes/STATE_MN_ADR_9503_0045.md) - [Minn. R. 9503.0050 NAPS AND REST](https://www.frixlaw.com/law-library/statutes/STATE_MN_ADR_9503_0050.md) - [Minn. R. 9503.0055 BEHAVIOR GUIDANCE](https://www.frixlaw.com/law-library/statutes/STATE_MN_ADR_9503_0055.md) - [Minn. R. 9503.0060 FURNISHINGS, EQUIPMENT, MATERIALS, AND SUPPLIES](https://www.frixlaw.com/law-library/statutes/STATE_MN_ADR_9503_0060.md) - [Minn. R. 9503.0065 CHILD CARE FOR CHILDREN WITH SPECIAL NEEDS](https://www.frixlaw.com/law-library/statutes/STATE_MN_ADR_9503_0065.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MN_ADR_9503_0040. Check the current official text before relying on it. Not legal advice.