Variances & Exceptions

A variance is official permission from DESE to operate your child care program under different conditions than what the standard regulations require. Think of it as an approved exception to a specific rule. Variances are not automatic — you have to apply for them, explain why you need one, and DESE decides whether to grant it.

Common situations where providers apply for variances include: • Square footage — your space doesn't quite meet the per-child square footage requirement, but is close • Ratios — unusual circumstances that make standard ratios difficult to meet at specific times • Facility requirements — an older building that can't easily be modified to meet a specific physical requirement • Outdoor space — limited outdoor area in an urban setting Variances are not meant to bypass safety rules. DESE will only approve them if they believe children will still be safe.

• Talk to your licensing specialist first — they can tell you if a variance is realistic for your situation • Submit a written variance request explaining what rule you can't meet, why, and what alternative measures you'll put in place • DESE reviews the request and may conduct an additional inspection • If approved, the variance has specific conditions and may have an expiration date Variances must always be approved in advance — you cannot operate outside the regulations and apply for a variance after the fact.