SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE SUBSTITUTE FOR
SENATE BILL NO. 96
As Recommended by House Committee on
Health and Human Services
Brief*
House Sub. for SB 96 would establish and update law
regulating child care centers and child care homes. The bill
would provide certain definitions, provide license capacity and
staff-to-child ratios, and establish staffing requirements,
including professional development training.
Definitions
The bill would define the following terms:
●“Assistant teacher” would mean an individual who
is 18 years of age or older and completes staff
orientation at the time of employment;
●“Child care center” would mean a facility that meets
child care center regulations and provides care and
educational activities for children who are 2 weeks
to 10 years of age for at least 3 hours but less than
24 hours per day or care before and after school
for school-age children;
●“Child care home” would mean premises where
care is provided for a maximum of 12 children
under 10 years of age by 1 provider or a maximum
of 17 children under 10 years of age by 2 or more
providers, provided all children enrolled are at least
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org 2.5 years old but under 10 years of age.
Additionally, no more than 8 children under the age
of 5 could be cared for with 1 provider and 12 with
2 or more providers;
●”Day care facility” would have the same meaning
as in current law but would not include a drop-in
program;
●”Drop-in program” would mean the same as
defined in KSA 65-527: a child care facility that is
not located in an individual’s residence, that serves
exclusively school-age children and youth where
the operator permits children and youth to arrive at
and depart from the program at the child or youth’s
own volition at unscheduled times;
●“Infant” would mean a child who is between 2
weeks and 12 months of age or a child older than
12 months of age who has not learned how to
walk;
●“Lead teacher” would mean an individual who is 18
years of age or older, has a high school diploma or
equivalent education, and meets the training
requirements in the bill;
●“Licensure year” would mean the period of time
beginning on the effective date and ending on the
expiration date of a license;
●“Program director” would mean the staff member of
a child care center who is at least 18 years of age;
meets the training requirements for the license
capacity of the child care center; and is responsible
for implementing and supervising the
comprehensive and coordinated plan of activities
that provide for the education, care, protection, and
development of children who attend a child care
center;
2- 96 ●“School-age” would mean a child who will be at
least 6 years of age on or before the first day of
September of any school year, but is under the age
of 16;
●“Toddler” would mean a child a who has learned to
walk and is at least 12 months, but less than 30
months, of age; and
●“Unit” would mean the number of children that may
be present in one group in a child care center.
Staff Training and Education Requirements
Program Director for Child Care Centers
The bill would require a child care center to have a
program director on the premises. The Secretary of Health
and Environment (Secretary) could not require a program
director to have training requirements that are more restrictive
than those outlined below. Related training would be defined
to include, but not be limited to, early childhood education,
elementary education, special education, speech pathology,
occupational therapy, social work, or family science and
human development.
●If a child care center is licensed for fewer than 18
children, the program director would need:
○Three months experience in a licensed child
care facility, preschool, or working with
children in a related field;
○Five sessions of observation for at least 2.5
consecutive hours per observation in a
licensed day care facility and 10 hours of
workshops approved by the state licensing
staff;
○At least three credit hours from a
postsecondary educational institution or
3- 96 equivalent training in childhood development,
early childhood education, or curriculum
resources and supervised observation in high
school or college and three months caring for
children in a licensed child care facility or
preschool or working with children in a related
field; or
○A child development associate credential.
●If a child care center is licensed for at least 18 but
not more than 36 children, the program director
would need:
○Five sessions of observation for at least 2.5
consecutive hours per observation in a
licensed day care facility and six months of
teaching experience or a supervised
practicum in a licensed child care facility or
preschool or a related field;
○Six credit hours from a postsecondary
educational institution or equivalent training in
childhood development, early childhood
education, or curriculum resources and three
months experience teaching in a licensed
child care facility or preschool, or working with
children in a related field or one year of
supervised practicum in a licensed child care
facility; or
○A child development associate credential.
●If a child care center is licensed for 36 or more
children, the program director would need:
○Six credit hours from a postsecondary
educational institution or equivalent training in
childhood development, early childhood
education, curriculum resources, nutrition,
child guidance, parent education, supervised
practicum or administration of early childhood
programs and six months of experience
4- 96 teaching in a licensed child care facility,
preschool, or working with children in a
related field;
○A child development associate credential, an
associate of arts degree, or a two-year
certificate in child development, and nine
months of teaching experience or supervised
practicum in a licensed child care facility or
preschool, or working with children in a
related field;
○A bachelor of arts or science degree in child
development or early childhood education,
including a supervised practicum and three
months experience teaching in a licensed
child care facility or preschool or working with
children in a related field; or
○A bachelor of arts or a bachelor of science
degree in a related academic discipline and
12 hours of academic study or equivalent
training in child development, early childhood
education, curriculum resources, nutrition,
child guidance, parent education, supervised
practicum, or administration of early childhood
programs, and six months of experience
teaching in a licensed child care facility,
preschool or working with children in a related
field;
●The bill would require a child care center that is
licensed for more than 75 children to have:
○A program director employed full-time; and
○An administrator, who may also be the
program director.
The bill would allow the program director or
administrator to perform the duties of a lead teacher or
assistant teacher for up to half of total hours worked during
each month.
5- 96 Lead Teacher
The bill would require a lead teacher to be 18 years of
age or older, possess a a high school diploma or equivalent
education, and have:
●Three months of experience caring for children in a
licensed child care facility or preschool, or working
with children in a related field;
●Thirty days’ teaching experience in a licensed child
care facility, preschool, or a related field;
●Five sessions of observation for at least 2.5
consecutive hours per observation in a licensed
day care facility and 10 clock hours of workshops
approved by the state licensing staff; or
●At least three credit hours or equivalent training in
childhood development, early childhood education,
or curriculum resources, and supervised
observation in high school or college.
Assistant Teacher
The bill would require an assistant teacher to be 16
years of age or older and complete staff orientation at the
time of employment.
Child Care Units
The bill would require a unit with at least one infant to
have at least one lead teacher. A unit where all children are at
least 12 months old would be required to have at least 1 lead
teacher or assistant teacher present. All staff members would
be required to be at least three years older than the oldest
child in the unit.
6- 96 Professional Development
The bill would require any staff member who provides
care to children in a child care center or a child care home to
complete at least 12 hours of professional development
training per year. The bill would allow the Secretary to specify
the training for at least 8 of the 12 hours. The bill would also
require an individual who provides care to children in a child
care center or a child care home to provide proof of
completion for up to four hours of training to the Secretary
and require the Secretary to retain records of an individual’s
professional development.
The bill would require a person who maintains a child
care home with one provider, if caring for four infants at once
at any time during the licensure year, to submit proof of
completion of at least three hours of professional
development training in an infant-specific subject to the
Secretary and require the Secretary to retain records of such
compliance.
License Capacity
The bill would allow a child care home with 1 provider to
have a license capacity of 12 if the children enrolled are all at
least 2.5 years of age, but under the age of 10.
If all enrolled children are not between the ages of 2.5
and 10 years of age, the bill would set maximum number of
children for a child care home with 1 provider as follows:
Under 12
months of age
At least 12
months of
age, but under
5 years of age
At least 5
years of age,
but under 10
years of age
License
Capacity
0 8 4 12
1 7 4 12
2 4 4 10
7- 96 Under 12
months of age
At least 12
months of
age, but under
5 years of age
At least 5
years of age,
but under 10
years of age
License
Capacity
3 3 3 9
4 2 2 8
The bill would allow a child care home with 2 providers
to have a license capacity of 17 if the children enrolled are all
at least 2.5 years of age, but under the age of 10.
If all enrolled children are not between the ages of 2.5
and 10 years of age, the bill would set maximum numbers of
children for a child care home with 2 providers as follows:
Under 12
months of age
At least 12
months of
age, but under
15 years of
age
At least 5
years of age,
but under 10
years of age
License
Capacity
0 12 5 17
1 11 5 17
2 10 4 16
3 9 4 16
4 8 3 15
The bill would require a second provider if the number of
children present exceeds the maximum number allowed for
one provider.
The bill would allow children five years of age and older
to be substituted for younger children in the license capacity
for child care homes with one or two providers. The bill would
also allow one or two children who are 2.5 years of age or
older to not be counted toward license if they are present in
the child care home between 11:00 a.m. and 1:00 p.m. for the
noon meal.
8- 96 The bill would also allow one or two children who are at
least 5 years of age, but under the age of 10 to not be
counted toward the license capacity of the child care home if
they are present:
●During the academic school year before and after
school, in-service days, school holidays, scheduled
or emergency closures, and school breaks not to
exceed two consecutive weeks;
●During the two consecutive weeks before the
opening of the academic school year in August or
September; or
●During the two consecutive weeks following the
end of the academic school year in May or June.
The bill would also allow no more than 2 children who
are at least 10 years of age and unrelated to the applicant or
licensee to be present for up to 2 hours each day during child
care hours if the additional children are:
●Not on the premises for the purposes of receiving
child care in the facility;
●Visiting the applicant’s or licensee’s own child or
children; or
●Supervised by a provider if they have access to the
children in care.
Staff-to-Child Ratio in Child Care Centers
The bill would set the ratio of staff members to children
in a child care center based the ages of the children as
follows and require that no child be left unsupervised:
9- 96 Age of Children
Minimum per Unit Maximum
Infants 1 to 4 12
Infants and other
children under age 6
1 to 6 (including 3 or
fewer infants)
12 (including 6 or
fewer infants)
Toddlers 1 to 6 12
Children at least 2
but under 3 years of
age
8 16
Children at least 2.5
years of age but
under school age
12 24
Children at least 3
years of age or
under
15 30
Kindergarten
enrollees
18 36
School age 20 40
Local Ordinances
The bill would prohibit local governments from adopting
any ordinance, resolution, or regulation that is more restrictive
than defined for license capacity for child care homes or staff-
to-child ratios for child care centers.
The bill would require child care centers to meet fire
protection, water supply, and sewage disposal requirements
of the local jurisdiction. The bill also would require a
designated area for children’s activities to contain a minimum
of 28 square feet of floor space per child, excluding kitchens,
passageways, storage areas, and bathrooms, and a minimum
of 75 square feet of outdoor play space for each child using
the space at a given time.
10- 96 Licensing
The bill would clarify conditions on expedited
occupational credentialing to include any licensing of
individuals by the Secretary. The bill would also remove the
annual fee for child care centers, day care homes, and group
day care home; however, the bill would require these facilities
to pay a $75 fee if they fail to renew their license in the
appropriate time frame.
The bill would prohibit the Secretary from requiring the
the licensee to live in the child care home.
The bill would allow a licensee to request and would
allow the Secretary to waive any requirements for a day care
facility for a set period of time.
Pilot Programs
The bill would allow the Secretary to develop and
operate a pilot program designed to increase the availability
or capacity of child care facilities or drop-in programs. The
Secretary would be authorized to waive the requirements
related to licensure and operation of the child care facility,
including staff requirements. The Secretary would be
prohibited from granting a license for a pilot if the Secretary
determines that a day care facility or drop-in program or staff
of such facility or program would endanger the health, safety,
and welfare of any child.
The bill would allow a pilot program to be in operation for
up to five years and would allow the Secretary to extend the
pilot program for an additional two years.
If the Secretary determines a pilot program has been
successful and would increase the availability or capacity of
child care facilities in the state, the Secretary would be
required to make suggestions and recommendations for
statutory changes related to day care facilities and drop-in
11- 96 programs and adopt any rules and regulations consistent with
the findings of such pilot program, including additional
licensure categories and requirements for such categories.
The Secretary would be required to prepare and submit
a report on or before the first day of each regular session of
the Legislature regarding any pilot program. The content of
the report would be as outlined in the bill.
Use of Hygiene Products
The bill would provide child care facilities with the option
to use toothbrushes after meals or as appropriate.
The bill would also clarify that maternity centers and
child care facilities would be required to provide each resident
and employee with an individual towel, washcloth, or
disposable products.
Background
SB 96 was introduced by the Senate Committee on
Assessment and Taxation at the request of Senator Tyson.
The bill would have created the Pregnancy Resource Act,
which would have provided for a tax credit for contributors to
nonprofit pregnancy centers or residential maternity centers
exempt from federal income tax pursuant to section 501(c)(3)
of the federal Internal Revenue Code, provided that such
centers comply with the provisions of the bill.
The House Committee on Health and Human Services
removed the contents of SB 96, inserted the contents of SB
282 as amended by the Senate Committee on Commerce,
and recommended a substitute bill.
12- 96 SB 282
SB 282 was introduced in the Senate Committee on
Federal and State Affairs at the request of Senator Blasi. The
bill was amended by the Senate Committee on Commerce.
Senate Committee on Commerce
In the Senate Committee hearing, proponent testimony
was provided by Senator Blasi and representatives of the
Alliance of Boys and Girls Clubs, Americans for Prosperity
Kansas, Bright Minds Academy, Kansas Chamber of
Commerce, Miss Marty’s Nursery School - Day Care Home,
Opportunity Solutions Project, Stormont Vail Health, and the
Wichita Regional Chamber of Commerce. The proponents
generally stated the bill would expand childcare availability,
modify child to staff ratios, and reduce the financial
investment necessary to operate a center. Written-only
proponent testimony was provided by representatives of the
Dodge City/Ford County Development Corporation, Grandma
B’s Daycare, Kansas Bankers Association, Kansas Hospital
Association, Kimbers Kinders, and Little Steps Child Care
Center.
Representatives of the At Home Play School, Kansas
Action for Children, Child Care Aware of Kansas, Child Care
Providers Coalition of Kansas, Kansas Department of Health
and Environment, and Thrive Allen County and Zero to Thrive
provided opponent testimony on the bill. The opponents
generally stated the bill proposed changes that would
negatively impact the safety and quality of Kansas children
and child care programs, decrease the level of competency
by lowering education requirements, and did not meet best
practice standards. Written-only opponent testimony was
provided by representatives of the Butler County Health
Department, ERC Resource and Referral (dba ChildCare
Aware of Eastern Kansas), Family Conservancy, Family
Resource Center, Harmon and Harmon Family Child Care,
Johnson County Department of Health and Environment,
13- 96 Kansas Association for the Education of Young Children,
Kansas Child Care Training Opportunities, Kansas Head Start
Association, the Salina County Health Department, and
United Methodist Health Ministry Fund, and by four private
citizens.
A representative of the Kansas Children’s Cabinet and
Trust Fund provided neutral testimony on the bill. The
representative stated a review of the child care licensing rules
and regulations is underway and allowing time for a working
group to study the issue would lead to recommendations and
prevent unintended consequences. Written-only neutral
testimony was provided by representatives of Christ Lutheran
Early Education Center, Goodwill Industries of Kansas,
Kansas Association of Local Health Departments, Olathe
Chamber of Commerce, and the Unified Government of
Wyandotte County Public Health Department.
The Senate Committee amended the provisions of the
bill to:
●Change titles for the following:
○“Group leader” is changed to “lead teacher”;
○“Assistant group leader” is changed to
“assistant teacher”; and
○“Day care home” is combined with “group day
care home” and changed to “child care
home”;
●Clarify the child care center staff requirements;
●Adjust the age for categorizing children from under
16 years of age to under 10 years of age and some
of the maximum numbers of children allowed, and
the total license capacity with 1 or 2 providers;
●Adjust staff-to-child ratios for toddlers;
14- 96 ●Add language restricting the Secretary from
adopting more restrictive ratios or children per unit;
Remove language regarding volunteers;
●Add professional development training
requirements for child care homes, in alignment
with child care center training requirements;
●Add a definition of drop-in program;
●Add requirements for program directors for child
care centers licensed for more than 75 children;
and
●Delete a section on the inspection of child care
facilities.
The Senate Committee on Commerce removed the
contents of HB 2344 (regarding the Council on Travel and
Tourism and related grants), inserted the amended contents
of SB 282, and recommended a substitute bill.
House Committee on Health and Human Services
In the House Committee, an informational briefing was
held on SB 282. Comment on the bill was provided by
Senator O’Shea; representatives of Americans for Prosperity
Kansas, Kansas Chamber, Opportunity Solutions Project, and
Stormont Vail Health; and two private citizens, who generally
spoke to an ongoing shortage of child care in the state and its
effect on the workforce. Kansas Action for Children provided
comment expressing concern that the bill does not address
compensation for child care workers, reduces required
training hours, and increases the number of children allowed
to be cared for per staff member. Written neutral comment
was provided by a representative of Kansas Hospital
Association.
The House Committee removed the contents of SB 96,
inserted the contents of SB 282 as amended by the Senate
15- 96 Committee on Commerce, and recommending a substitute
bill.
Fiscal Information
According to the revised fiscal note prepared by the
Division of the Budget on SB 282, as introduced, the Kansas
Department of Health and Environment (KDHE) would require
$1.1 million from the State General Fund (SGF) in FY 2024
and up to $9.2 million SGF and up to 93.0 FTE positions
beginning in FY 2027. KDHE indicates that the elimination of
annual fees would require the agency to replace this funding
stream, which is currently used for local health departments,
salaries and wages, the purchase of vehicles, and vehicle
repairs. KDHE is also contracted with the Department for
Children and Families for an obligation to match
approximately $1.0 million from the Child Care and
Development Fund, currently used to match funds local
health departments put toward the program.
Currently, KDHE uses a hybrid model for surveyors, with
43 of the 105 counties covered by a KDHE surveyor, while
the other 62 are covered by a contracted local agency
surveyor. Based on the recommended ratio for surveyors of
1:50 surveyors to facilities, an additional 93.0 FTE positions
would be recommended at a cost of $6.2 million. Additionally,
$1.9 million for the purchase of vehicles for added surveyors
would be requested. If 78.0 FTE positions would be
recommended, at a ratio of 1:60, the estimated cost for
salaries and wages would be $5.2 million and $1.6 million for
vehicles.
Any fiscal effect associated with enactment of SB 282 is
not reflected in The FY 2024 Governor’s Budget Report.
The Kansas Association of Counties indicated that the
bill could have a fiscal effect for counties, but notes that
counties are restricted in their ability to regulate child care
centers. The League of Kansas Municipalities noted that the
16- 96 bill would result in increased costs to local governments to
develop and implement new procedures regarding child care
facilities and licensure. The added duties would also require
additional time and training for city appointed officials. A total
fiscal effect could not be estimated.
Child care center; child care facility; child placement agency; child care home;
licensure
17- 96