SESSION OF 2024
SUPPLEMENTAL NOTE ON HOUSE SUBSTITUTE FOR
HOUSE SUBSTITUTE FOR FOR SENATE BILL NO. 96
As Recommended by House Committee on
Commerce, Labor and Economic Development
Brief*
House Sub. for House Sub. for SB 96, as amended,
would establish and update law regulating child care centers
and child care homes and would establish the Kansas Office
of Early Childhood within the Department of Commerce.
The bill would provide certain definitions, modify license
capacity and staff-to-child ratios, and establish staffing
requirements, including professional development training.
The provisions establishing and updating law regulating
child care centers and child care homes would expire on June
30, 2026 as applied to the Secretary for Children and
Families would transition to the Office of Early Childhood
beginning on July 1, 2026. References to the Secretary for
Children and Families would be replaced with references to
the Executive Director.
Updates and Establishment of Law Regulating Child
Care Centers
The bill would make various changes to law related to
the regulation of child care centers. These revisions would
generally expire on June 30, 2026 and would be replaced by
provisions under the Kansas Office of Early Childhood.
____________________
*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 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
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
2- 96 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;
●“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
The bill would require that all staff members
demonstrate an understanding of children and act with sound
judgment.
3- 96 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.
Program directors would be required to be at least 18
years of age and hold a high school diploma or equivalent.
●If a child care center is licensed for fewer than 24
children, the program director would need:
○An associate degree or higher degree in early
childhood or a related discipline from a
regionally accredited college or university;
○Technical certificate or diploma in early
childhood;
○Child development associate credential;
○Three semester hours of academic study or
equivalent training in early childhood or a
related discipline from a regionally accredited
college or university and three months
experience in early childhood education
providing direct care and supervision to
children; or
○Six months experience in early childhood
education providing direct care and
supervision to children.
●If a child care center is licensed for 24 or more
children, the program director would need:
○A bachelor’s degree or higher degree in early
childhood, child development, or a related
academic discipline from a regionally
4- 96 accredited college or university and three
months of experience in early childhood
education providing direct care and
supervision to children;
○A bachelor’s degree in a non-related
academic discipline from a regionally
accredited college or university and a child
development associate credential, technical
certificate, or diploma in early childhood; six
months experience in early childhood
education providing direct care and
supervision to children; or 12 semester hours
of academic study or equivalent training in
early childhood education, child development,
or related disciplines;
○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 an administrator, who may
also be the program director.
5- 96 The bill would allow the program director to perform the
duties of a lead teacher in a facility licensed for less than 24
children.
Lead Teacher. The bill would require a lead teacher to
be present with each unit of children in a facility. Lead
teachers would be required to be 18 years of age or older,
possess a a high school diploma or equivalent education, and
have:
●An associate degree or higher degree in early
childhood or a related discipline from a regionally
accredited college or university;
●Technical certificate or diploma in early childhood;
●An associate degree or higher degree in early
childhood or a related discipline from a regionally
accredited college or university and six months of
experience in early childhood education providing
direct care and supervision to children;
●12 semester hours of academic study or equivalent
training in early childhood, child development, or a
related academic discipline from a regionally
accredited college or university and either six
months of experience in early childhood providing
direct care and supervision to children, a child
development associate credential, or a technical
certificate or diploma in early childhood;
●A child development associate credential and one
year of experience in early childhood education
providing direct care and supervision to children
the same age they will be serving; or
●Six years experience in early childhood education
providing direct care and supervision to children
the same age they will be serving.
6- 96 Assistant Teacher. The bill would require an assistant
teacher to be 16 years of age or older.
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.
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 10 hours of
professional development training per year. The bill would
allow the Secretary to specify the training for at least 8 of the
10 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:
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
0 8 4 12
1 7 4 12
2 4 4 10
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 the license capacity if they are
8- 96 present in the child care home between 11:00 a.m. and 1:00
p.m. for the noon meal.
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 in law 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 60 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 homes; 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.
Restrictions on Use of 15-Passenger Vans
The bill would prohibit the Secretary from imposing
restrictions on the use of 15-passenger vans purchased on or
before July 1, 2024.
Fire Codes
The bill would require that day cares and child care
facilities comply with fire codes and rules and regulations of
the State Fire Marshal that govern schools, except for
facilities located at a residence.
Establishment of the Kansas Office of Early Childhood
The bill would establish the Kansas Office of Early
Childhood (Office) within the Department of Commerce. The
Office would be under the supervision of the Executive
Director, who would be appointed by the Secretary of
12- 96 Commerce (Secretary). The Executive Director would be
under the supervision of the Kansas Children’s Cabinet.
Executive Director of Early Childhood
The Executive Director would be in the unclassified
service under the Kansas Civil Service Act and would receive
an annual salary to be fixed by the Governor. All budgeting,
purchasing, and related management functions of the Office
would be under the supervision of the Executive Director. All
expenditures would be made in accordance with
appropriation acts upon warrants of the Director of Accounts
and Reports issued pursuant to vouchers approved by the
Executive Director or the Executive Director’s designee.
The Executive Director would submit an annual
appropriations request to the Legislature that must not be
included in the Department of Commerce’s request. The
Office’s request would be prepared and submitted as current
law requires.
The provisions of the Kansas Governmental Operations
Accountability Law apply to the Office and the Office shall be
subject to audit, review, and evaluation.
The Executive Director would be required to maintain an
office in Topeka, Kansas, and would be allowed to maintain
offices and facilities to carry out the function of the Office in
other locations of the state.
Responsibilities of the Executive Director
The Executive Director would be required to:
●Collect metrics and information on services
available to children and families to better measure
the efficiency of the state’s early childhood system
and monitor benchmarks related to positive
outcomes for children and families;
13- 96 ●Prepare and implement plans for a comprehensive
service delivery system for children and families;
●Facilitate and coordinate interagency cooperation
towards the goal of serving children and families
with a variety of other state agencies, such as the:
○Kansas Department for Children and
Families;
○Kansas Department of Health and
Environment;
○Kansas Department of Corrections;
○Kansas State Board of Education;
○Kansas State Board of Regents; and
○any other state office or department providing
services to Kansas children and families;
●Provide a central contact for federal and state
agencies concerning early childhood care and
related services;
●Provide a central contact for information and
assistance for children, families, communities, and
businesses in need of early childhood care and
related services;
●Serve as the primary contact for the Kansas
Legislature on policy, administrative support, and
constituent services relating to early childhood care
and related services;
●Enter into contracts and agreements as necessary
or incidental to the performance of the powers and
duties of the Executive Director;
●Charge and collect, by order, a fee necessary for
the administration and processing of paper
documents, including but not limited to
applications, registrations, permits, licenses,
14- 96 certifications, renewals, reports, and remittances of
fees that are necessary or incidental to the
execution of the laws relating to the Office;
●Appoint and oversee directors of divisions within
the Office;
●Transition the administration of the following
programs to the office:
○Child care assistance;
○Children’s Initiative Fund grants and Early
Childhood Block Grants;
○Day care facility licensing, youth out-of-school
time programs, school-age programs, and
early youth care programs;
○Children’s Cabinet Accountability Fund;
○Child Care Quality;
○Community-based child abuse prevention;
○Child Care Capacity Accelerator Grants;
○Children's Cabinet administration;
○Early childhood infrastructure;
○Early childhood integrated data systems;
○Head Start collaboration office;
○Healthy Families America;
○Kansas Early Head Start child care
partnerships;
○Kansas Early Head Start home visitation;
○Kansas Imagination Library;
○Maternal and child health home visitation;
○Maternal, infant, and early childhood home
visitation;
○Parents as Teachers;
15- 96 ○Preschool Development Implementation
Grant for children from birth to five years of
age; and
○Preschool Development Planning Grant for
children from birth to five years of age;
●Enter into agreements with the Secretary of
Administration for the provision of shared services,
including, but not limited to, personnel and other
administrative services for the Office;
●Implement and administer rules and regulations
adopted by the Children’s Cabinet; and
●Prepare and submit an annual written report to
relevant Legislative committees and to the
Governor that contains:
○The status of programs under the jurisdiction
of the Office of the Early Childhood;
○An overview of the fiscal and administrative
structures required to oversee the programs
under the jurisdiction of the Office;
○Data and metrics on the service rates for
children and families, early childhood system
efficiency, early childhood workforce, and
public-private partnerships; and
○Recommendations and considerations to
improve delivery of early childhood care and
related services and support the healthy
development of Kansas children and families.
The Executive Director would not be authorized to
administer the preschool program of school districts, special
education programs, or the preschool-aged at-risk programs
found in statute. The Director would be prohibited from
adopting rules and regulations or policies requiring
educational outcomes or curriculum for licensed persons or
entities.
16- 96 The Executive Director would be required to organize
the Office that the Executive Director deems most efficient.
The Executive Director would be allowed to establish policies
governing the transaction of business of the Office and the
administration of each division within the Office. The director
of each division would perform duties and exercise such
powers as the Executive Director, to the extent that the
Executive Director delegates.
The Executive Director would appoint subordinate
officers and employees as necessary to exercise or perform
the functions, powers, and duties to the directors of the
divisions of child care, home visitation, and Head Start
collaboration.
The bill would require all subordinate officers and
employees to perform such duties and exercise such powers
as the Executive Director may prescribe and as prescribed by
law.
The bill would not affect the status, rights or benefits of
civil service accrued or vested in any employee of the Kansas
Children’s Cabinet, the Kansas Department for Children and
Families, the Kansas Department of Health and Environment,
and the Kansas State Department of Education.
Interagency Transition Team
The Governor would appoint an interagency transition
team to begin office operations after July 1, 2024. The
Secretary would appoint the Executive Director by July 1,
2025, and the Office would be required to begin transitioning
programs from state agencies to the Office. All identified
programs would be under the direction and supervision of the
Executive Director, including staff and other operational
functions, by July 1, 2026.
17- 96 General Policies of the Governor and the Executive
Director of Early Childhood
The Office would be responsible for carrying out the
general policies of the Governor, the Children’s Cabinet, and
Executive Director by:
●Supporting the healthy development of children
through the coordination of early childhood
programs and services in the fields of early
childhood care, child care, home visitation, and
other related issues;
●Managing and administering various programs
serving young children and families;
●Maximizing administrative efficiencies to reduce
burdens on families and improve access to early
childhood services;
●Assisting the Governor in developing and
implementing a comprehensive service delivery
system for Kansas children and families;
●Facilitating joint planning and coordination between
the public and private sector to better serve the
needs of children and families and increase access
to care;
●Ensure consistent communication with service
providers, parents, and other individuals and
organizations interested in early childhood services
to effectively respond to parental and community
need, provide assistance navigating the state’s
early childhood system, and elevate parental
options for care in the state’s mixed-delivery
system;
●Supporting child care providers, including, but not
limited to, center-based providers, family child care
18- 96 home providers, and employer-based providers,
through the licensure process, participating in the
state child care programs, and accessing funding
or grant opportunities;
●Developing metrics to evaluate efficiency and
effectiveness of the state’s early childhood system
and collecting the necessary data to measure
those metrics;
●Supporting the early childhood service providers
through the delivery of services that enhance the
profession, uplift the profession, and support the
creation of a sustainable workforce; and
●Developing a comprehensive strategy to expand
access to a greater quantity of high-quality
affordable care and services across every region of
Kansas.
Division of Child Care
The bill would establish the Division of Child Care within
the Office. The Division of Child Care would oversee day care
facility and child care resource and referral agency licensing
and child care finance quality.
The Division of Child Care would be administered by the
Director of the Division of Child Care, who would be in the
unclassified service under the Kansas Civil Service Act and
would be appointed by the Executive Director.
The bill would transfer all of the powers, duties, and
functions of the existing day care and child care resources
and referral agency licensing program from the Division of
Public Health within the Kansas Department of Health and
Environment to the Division of Child Care. The bill would
require any statute, rule and regulation, contract, or any other
document pertaining to day care and child care resource and
19- 96 referral agency licensing to apply to the Division of Child
Care.
The bill allows the Division of Child Care to enter into
agreements with the Kansas Department for Children and
Families for the administration of child care subsidy
payments. If the Division of Child Care enters into an
agreement for this purpose, the Secretary for Children and
Families would be required to determine an applicant’s
eligibility for the child care subsidy and provide information
pertaining to such eligible applicants to the Division of Child
Care for administration of such benefits.
Division of Home Visitation
The bill would establish the Division of Home Visitation
within the Office. The Division of Home Visitation would
oversee home visitation programs.
The Division of Home Visitation would be administered
by the Director of the Kansas Division of Home Visitation,
who would be in the unclassified service under the Kansas
Civil Service Act and would be appointed by the Executive
Director.
The bill would transfer all of the powers, duties, and
functions of the existing home visitation programs to the
Division of Home Visitation. The bill would require any
statute, rule and regulation, contract, or any other document
pertaining to home visitation to apply to the Division of Home
Visitation.
Division of Head Start Collaboration
The bill would establish the Division of Head Start
Collaboration within the Office. The Division of Head Start
Collaboration would oversee the early Head Start home
visitation program and Early Head Start child care
partnerships.
20- 96 The Division would be administered by the Director of
the Kansas Division of Head Start Collaboration, who would
be in the unclassified service under the Kansas Civil Service
Act and would be appointed by the Executive Director.
The bill would transfer all of the powers, duties, and
functions of the existing Head Start programs to the Division
of Head Start Collaboration. The bill would require any
statute, rule and regulation, contract, or any other document
pertaining to Head Start programs to apply to the Division of
Head Start Collaboration.
Day Care Facilities (Office of Early Childhood)
The bill would prohibit any person, firm, corporation, or
association to conduct or maintain a day care facility under 16
years of age without having a license or temporary permit
from the Executive Director. This would not apply to:
●Residential facilities or hospitals that are operated
and maintained by a state agency;
●Child care facilities that are:
○Maintained by a person who has control or
custody of one more children under 16 years
of age, unattended by parent or guardian, for
the purpose of providing the children with food
or lodging, or both, except children in the
custody of the Secretary for Children and
Families who are placed with a prospective
adoptive family;
○A children’s home, orphanage, maternity
home, day care facility, or other facility of a
type determined by the Secretary for Children
and Families to require regulation;
○A child placement agency or child care
resource and referral agency, or a facility
maintained by such an agency for the
21- 96 purpose of caring for children under 16 years
of age; or
○Any receiving or detention home for children
under 16 years of age provided or maintained
by, or receiving aid from, any city or county or
the State;
●Summer instruction camps that are:
○Operated by a Kansas educational institution
or a postsecondary educational institution as
defined in statute;
○In operation for no more than five weeks;
○Providing instruction to children who are 10
years of age or older; and
○Accredited by an agency or organization
acceptable to the Executive Director.
Child Care and Development Fund
The bill would designate the Office as the state lead
agency for Child Care and Development Fund administration.
Day Care Facilities and Child Care Resources and
Referral Licensing Fee Fund
The bill would create the Day Care Facilities and Child
Care Resources and Referral Licensing Fee Fund (Fee
Fund). The bill would require the Executive Director to remit
all moneys received from fees to the State Treasurer to
deposit the entire amount in the State Treasury to the credit
of the Fee Fund. All funds would be required to be used only
for the purposes of day care facilities and child care
resources and referral licensing. The bill would prohibit the
transfer of moneys from this fund to the State General Fund.
The bill would prohibits moneys available in this Fee Fund to
be used to substitute, reduce, or eliminate moneys available
to the Office. The bill would also prohibit a reduction or
22- 96 elimination of moneys made available by the State to local
units of government.
Definitions Pertaining to the Office of Early Childhood
The bill would define the following terms:
●“Child” would mean an individual who is enrolled or
attending kindergarten, or is less than 18 years of
age, or is 18 years of age and has an
individualized program plan, is not a volunteer or
employee, and is attending a youth out-of-school
time program;
●“Child care resource and referral agency” would
mean a business or service conducted,
maintained, or operated by a person engaged in
providing resource and referral services, including
information on specific services provided by child
care facilities, to assist parents to find child care;
●“Day care home” would mean a day care home or
a group day care home;
●“Day care facility” would mean a day care home,
preschool, child care center, school-age program,
youth out-of-school time program, or other facility
of a type determined by the Executive Director to
require regulation;
●“Individualized program plan” would mean a written
goal-oriented plan of specialized services for each
child with special needs or for each juvenile
offender attending a day reporting program;
●“Person” would mean any individual, association,
partnership, corporation, government,
governmental subdivision, or other entity;
23- 96 ●“Premises” would mean the location, including the
building and adjoining grounds, for which the
applicant has a temporary permit or license to
conduct a youth out-of-school time program;
●“Public recreation center” would mean any building
used by a political or taxing subdivision of this
state, or by an agency of such subdivision, for
recreation programs that serve children who are
less than 18 years of age;
●“School” would mean any building used for
instruction of students enrolled in kindergarten or
any of the grades 1 through 12 by a school district
or an accredited nonpublic school;
●“School-age program” would mean a facility that
serves exclusively school-age children and youth,
but does not include a drop-in program;
●“Smoking” would mean possession of a lighted
cigarette, cigar, pipe, or burning tobacco in any
form or device designed for the use of tobacco;
and
●“Youth out of school time program” means a
program that serves exclusively school-aged
children and is operated on a premises licensed by
the Executive Director.
These definitions would take effect within the Office on
and after July 1, 2026.
Licensing (Office of Early Childhood)
The Executive Director would have the power to grant a
license to a person to maintain a day care facility for children
under 16 years of age. A license granted to maintain a day
care facility must:
24- 96 ●State the name of the licensee;
●Describe the particular premises in or at which the
business shall be carried on;
●State whether it shall receive and care for children;
and
●State the number of children that may be cared for
at any one time.
The bill would prohibit a greater number of children than
is authorized in the license to be kept on such premises and
would prohibit business from being carried on in a building or
place not designated in the license.
The bill would require the license to be kept in a visible
location when business is conducted. The bill would also
require an expiration sticker stating the date of expiration of
the licensee to be maintained on day care facility licenses.
The bill would prohibit a license to be granted until
careful inspection of the day care facility is conducted. The
bill would allow the Executive Director to issue a temporary
permit to operate for no more than 90 days. The Executive
Director would be allowed to extend the temporary permit to
operate for an additional 90 days if an application is not in full
compliance but has made efforts toward full compliance.
The bill would require an investigation of a day care
facility under the supervision of the Secretary for Children and
Families or other designated, qualified agents, if the
Secretary for Children and Families deems it necessary to do
so. The bill would also require such agents to have the right
of entry and access to the premises of the center or facility,
and to any information necessary to the completion of the
investigation. In cases where neither approval nor
disapproval is given within a period of 30 days, the Executive
Director would be allowed to issue a temporary license,
25- 96 without a fee, pending final approval or disapproval of the
center or facility.
If the Executive Director refuses to grant a license to an
applicant, the bill would require the Executive Director to
grant a license to issue an order stating the reasons for such
denial and, within five days after the issuance of such order,
notify the applicant of the refusal. A hearing on the order
would be required within 15 days after the date of issuance,
in accordance with the provisions of the Kansas
Administrative Procedure Act
The bill would allow the Executive Director to revoke a
license after giving notice and conducting a hearing if the
Office, upon investigation, or as advised by the Secretary for
Children and Families, finds a day care facility to be in
violation of statute, the provisions of this bill, or if the day care
facility is maintained without due regard to the health, safety,
or welfare of any child.
If the Executive Director revokes or refuses to a renew a
license, the bill would prohibit a licensee from being eligible to
apply for a license for a period of one year subsequent to the
date such revocation or refusal to renew becomes final.
If the Executive Director revokes or refuses to renew a
license of a licensee who is a repeat violator for three or more
times of statutory requirements, rules and regulations, or is
found to have contributed to the death or serious bodily harm
of a child under the licensee’s care, such licensee would be
permanently prohibited from applying for a new license to
provide child care or from seeking employment under another
licensee.
The bill would permit any applicant or licensee
aggrieved by a final order of the Executive Director denying
or revoking a license to appeal the order in accordance with
the Kansas Judicial Review Act.
26- 96 The bill would prohibit any day care facility to receive or
care for any adult except as authorized by rules and
regulations adopted by the Secretary of Health and
Environment and the Executive Director.
Any license, certification, of registration or temporary
permit which was issued prior to the effective date of the bill
would be in effect until the expiration thereof, unless
suspended or revoked prior to such time.
Licensing under the Office would take effect on and after
July 1, 2026.
Notification of License Status (Office of Early Childhood)
The bill would require the Executive Director to serve
notice of issuance, limitation, modification, suspension, or
revocation of a license to conduct a day care facility to the:
●Secretary for Children and Families;
●Juvenile Justice Authority;
●State Department of Education;
●Office of the State Fire Marshal;
●County, city-county, or multi-county department of
health; and
●Any licensed child placement agency or licensed
child care resource and referral agency serving the
area where the center or facility is located.
The bill would require a day care facility or child care
resource and referral agency that has had a license limited,
modified, suspended, revoked, or denied by the Executive
Director to notify parents or guardians of the enrollees in
writing.
27- 96 The bill would prohibit the Secretary for Children and
Families from placing a child under 16 years of age in any
day care facility or child care resource and referral agency not
licensed by the Executive Director.
Notification of licensure status under the Executive
Director would take effect on and after July 1, 2026.
Fees
The annual fee for a license to conduct a day care
facility or a child care resource and referral agency would be
fixed by the Executive Director by rules and regulations in an
amount not exceeding the following:
●For a child care resource and referral agency,
$150; and
●For any day care facility, $75 plus $1 multiplied by
the maximum number of children authorized under
the license to be on the premises at any one time.
The licensee fee would be paid to the Executive Director
when the license is applied for and annually thereafter. The
fee would not be refundable. Fees in effect immediately prior
to July 1, 2026, would continue in effect on and after July 1,
2026, until a different fee is established by the Executive
Director by rules and regulations.
The bill would also require any licensee who fails to
renew such license within 30 days after the expiration of the
license to pay the renewal fee plus a late fee in the amount
equal to the fee for the renewal of a license. Any licensee
applying for an amended license would be required to pay a
fee established by rules and regulations of the Executive
Director not to exceed $35.
28- 96 Recordkeeping (Office of Early Childhood)
The bill would require each day care facility to keep a
record upon forms provided by the Executive Director. The
record would include the name and age of each child
received and cared for in the facility together with the names
and addresses of the parents or guardians of such children,
as well as any additional information that the Executive
Director would require.
The bill would also allow day care facility licensees to
apply to receive, without charge, a temporary permit or
license from the Executive Director.
The bill would require such records to be confidential
and to not be made public in a manner that would identify an
individual.
Records in possession of the Executive Director or the
Director’s agents regarding day care facilities would be
prohibited from being released publicly in a manner that
would identify individuals, except individual names of
licensees, applicants, facilities, and day care facilities may be
released. This bill would not prohibit the release of any
information as required by law. Records in the possession of
the Executive Director or the Director’s agents regarding day
care facilities would be authorized to be released to:
●The Secretary for Children and Families;
●The Juvenile Justice Authority;
●The State Department of Education;
●The Office of the State Fire Marshal;
●A County, city-county, or multi-county department
of health;
29- 96 ●Any licensed child placement agency or licensed
child care resource and referral agency serving the
area where the center or facility is located.
●Any local, state, or federal government entity or
subdivision;
●Any Child and Adult Care Food Program
sponsoring agency; or
●Any disaster or emergency entity.
The Executive Director would be required to prohibit the
release of the name, address, and telephone number of a day
care facility if the Executive Director determines that
prohibition of the release of information is necessary to
protect the health, safety, or welfare of the public or the
children enrolled in the day care facility.
The bill would require any records to be made available
to members of the House Committee on Appropriations or the
Senate Committee on Ways and Means carrying out such
member’s or committee’s official functions in a closed or
executive meeting. Records would not be further disclosed
except in limited conditions established by two-thirds of the
members of such Committee. Unauthorized disclosure could
subject such member to discipline or censure from the House
of Representatives or the Senate. Such records would not
identify individuals but would include data and contact
information concerning specific facilities.
The bill would allow a presiding officer of hearings
conducted under the licensing and regulation provisions of
the bill to close the hearing to the public to prevent public
disclosure of matters relating to persons restricted by other
laws. Such records would be confidential and would not be
subject to the Kansas Open Records Act.
30- 96 Immunization Records (Office of Early Childhood)
Information and records pertaining to the immunization
status of persons against childhood diseases could be
disclosed and exchanged without a parent or guardian’s
written release authorizing such disclosure to the following
individuals and groups who need to know such information in
order to assure compliance with state statutes or to achieve
age-appropriate immunization status for children:
●Employees of public agencies or departments;
●Health records staff of day care facilities, including,
but not limited to, facilities licensed by the
Executive Director;
●Persons other than public employees who are
entrusted with the regular care of those under the
care and custody of a state agency including, but
not limited to, operators of day care facilities, group
homes, residential care facilities and adoptive or
foster homes; and
●Health care professionals.
Information and records that pertain to the immunization
status against childhood disease of persons whose parent or
guardian has submitted a written statement of religious
objection to immunization would be prohibited from being
disclosed or exchanged without a parent or guardian’s written
release authorizing such disclosure.
Record-keeping under the Executive Director would take
effect on and after July 1, 2026.
31- 96 Online Information Dissemination System (Office of Early
Childhood)
The Executive Director would be required to establish an
online information dissemination system that is accessible to
the public, including names of licensees, applicants, and
history of citations and substantiated findings. The Executive
Director would also be required to adopt rules and regulations
that are consistent with the requirements for the receipt of
child care American Recovery and Reinvestment Act funds
and that provide for the establishment of an online
information dissemination system.
The requirements of the online information
dissemination system would take effect on and after July 1,
2026.
Sanitary and Safety Conditions (Office of Early
Childhood)
The bill would require each day care facility to:
●Be properly heated, plumbed, lit, and ventilated;
●Have plumbing, water, and sewage systems that
conform to all applicable state and local laws; and
●Be operated with strict regard to the health, safety,
and welfare of each child.
The bill would require each day care facility to furnish
each employee with an individual towel, wash cloth, comb,
and individual drinking cup or sanitary bubbling foundation,
and toothbrushes for all children other than infants, and keep
or require such articles to be kept at all times in a clean and
sanitary condition. Each day care facility or child care
resource referral agency would be required to comply with all
applicable fire codes and rules and regulations of the State
Fire Marshal, except in licensed youth out-of-school time
32- 96 programs and school-age programs that operate on or within
the premise of a public or private school licensed by the State
of Kansas.
The bill would require each child cared for in a day care
facility, including children of the person maintaining the
facility, to have current immunizations as the Secretary of
Health and Environment considers necessary. The person
maintaining a day care facility would be required to maintain a
record of each child’s immunizations and provide them to the
Secretary of Health and Environment and Executive Director;
however, failure to do so would not cause a person’s license
to be revoked.
The immunization requirement would not apply if
certification from a licensed physician is provided stating that
the physical condition of the child is such that immunization
would endanger the child’s life or health or a written
statement signed by a parent or guardian is provided stating
that the person or guardian is an adherent of a religious
denomination whose teachings are opposed to
immunizations.
Sanitary and safety conditions under the Office would
take effect on July 1, 2026.
Smoking and Fire Safety (Office of Early Childhood)
The bill would prohibit smoking within any room,
enclosed area, or other enclosed space of a facility or
facilities of a day care home during a time when children who
are not related by blood, marriage, or legal adoption to the
person who maintains the home are being care for as part of
the operation of the day care home within the facility or
facilities. This bill does not prohibit smoking on the premises
of the day care home outside the facility or facilities of a day
care home; including, but not limited to porches, yards, or
garages.
33- 96 The bill would require each day care license to contain a
statement in bold print that smoking is prohibited within a
room, enclosed area, or enclosed space of the facility or
facilities of the day care home. The license would be required
to be posted in a conspicuous place in the facility or facilities.
The bill would require each day care home to be
equipped with a fire extinguisher that would be maintained in
an operable condition in a readily accessible location.
The bill would also allow the Executive Director to levy a
civil fine against any day care home for a first or second
violation of smoking and fire safety provisions. The bill would
require a third or subsequent violation to be subject to limits,
modifications, or suspensions of any license or temporary
permit.
Smoking and fire safety conditions under the Office
would take effect on and after July 1, 2026.
Safe Sleep Practices (Office of Early Childhood)
A day care facility would be required to ensure that all of
the following requirements are met:
●For children under 12 months of age:
○A child would be required to be placed to
sleep on a surface and in an area that has
been approved for use such as by the
Executive Director;
○The sleep surface would be required to be
free from soft or loose bedding, including, but
not limited to, blankets, bumpers, and pillows;
and
○The sleep surface would be required to be
free from toys, including mobiles and other
types of play equipment or devices.
34- 96 ●For children over 12 months of age, a day care
facility would be required to place children on a
surface and in an area that has been approved for
use such as by the Executive Director.
The bill would also provide the Executive Director with
discretion to make exceptions to safe sleep practices
where special health needs exist.
Rules and Regulations (Office of Early Childhood)
The Executive Director would be required to develop
and adopt rules and regulations for the operation and
maintenance of day care facilities. The rules and regulations
for operating and maintaining day care facilities would be
required to be designed to promote the health, safety, and
welfare of any child served in such facilities by ensuring:
●Safe and adequate physical surroundings;
●Healthful food;
●Adequate handwashing;
●Safe storage of toxic substances and hazardous
chemicals;
●Sanitary diapering and toileting;
●Home sanitation;
●Supervision and care of the residents by capable,
qualified persons of sufficient number;
●After-hour care;
●An adequate program of activities and services;
35- 96 ●Sudden infant death syndrome and safe sleep
training practices;
●Prohibition on corporal punishment;
●Crib safety;
●Protection from electrical hazards;
●Protection from swimming pools and other water
sources;
●Fire drills;
●Emergency plans;
●Safety of outdoor playground surfaces;
●Door locks;
●Safety gates;
●Transportation; and
● Appropriate parental participation.
Rules and regulations would be required to include
provisions for the competent supervision and care of children
in day care facilities. Competent supervision relating to
children less than five years of age includes, but is not limited
to: direction of activities; adequate oversight, including sight
or sound monitoring, or both; physical proximity to children;
diapering; and toileting practices. Competent supervision,
relating to all children, includes, but is not limited to, planning
and supervision of daily activities, and safe sleep practices,
including, but not limited to: visual or sound monitoring,
periodic checking, emergency response procedures and
drills, illness and injury response procedures, food service
preparation and sanitation, playground supervision, and pool
and water safety practices.
36- 96 Inspections (Office of Early Childhood)
The duty of inspecting day care facilities on and after
July 1, 2026, and once every 12 months thereafter, would be
under the purview of the Executive Director. The bill would
authorize the Executive Director or the Executive Director’s
agent entry and access in every department and to every
place in the premises, to call for and examine the records that
are required to be kept, and to make and preserve a record
for every inspection. The licensee would be required to give
all reasonable information to the authorized agent of the
Executive Director and afford every reasonable facility for
viewing the premises and seeing children. The bill prohibits
children from being interviewed without consent of the child
unless the agent is an authorized person.
The bill would require the Executive Director to conduct
an inspection of any day care facility upon receiving a
complaint. Any new day care would be inspected prior to
issuance of a license. The Executive Director would be
allowed to conduct an inspection of any day care facility that
has a record of repeated complaints or serious violations at
any time. The Executive Director would be required to inspect
any day care facility that provides services to military families
receiving military assistance for child care every 12 months.
The bill would also require an authorized agent of the
Executive Director to notify the licensee in writing of such
changes or alterations as the agent determines necessary to
comply with the requirements of the law if the agent finds a
day care facility that is not being conducted according to the
law. The agent would also be required to file a copy of such
notice with the Executive Director. The bill would require the
licensee to make such changes or alterations within five days.
Notice would be required in accordance with the provisions of
the Kansas Administrative Procedure Act.
Inspections under the Office would take effect on July 1,
2026.
37- 96 Infractions for Violation of Provisions
The bill would find any person, firm, corporation, or
association who violates the provisions of the bill to be guilty
of a misdemeanor. Upon conviction, the bill authorizes fines
not less than $5 but not more than $50. Each and every day
that the person fails or refuses to comply would be
considered a separate offense. If, for 30 days after any final
conviction for such violation or revocation of license, the
person still fails or refuses to comply with the orders in the
notice provided, a building or premises where such home is
conducted may be closed until such person has complied
with all provisions.
These violations for provisions under the Office would
take effect on and after July 1, 2026.
The bill would authorize and require the county attorney
of each county in the State to file a complaint and prosecute
to the final determination all actions or proceedings against
any person upon complaint of any authorized agent of the
Executive Director. This takes effect on or after July 1, 2026.
The bill would allow the Executive Director to limit,
modify, or suspend any license or temporary permit issued
under the provisions of this bill upon the following grounds:
●Violation by the licensee or holder of a temporary
permit of provisions of this bill;
●Aiding, abetting, or permitting the violation of a
provision of this bill;
●Conduct in the operation or maintenance, or both
the operation and maintenance, of a day care
facility that is hostile to the health, safety, or welfare
of any child receiving services from such day care
facility or to the public;
38- 96 ●The conviction of a licensee or holder of a
temporary permit, at any time during licensure or
during the time the temporary permit is in effect;
and
●A third or subsequent violation by licensee or
holder.
The bill would authorize the Executive Director to limit,
modify, or suspend any license or temporary permit issued
prior to any hearing when, in the opinion of the Director, the
action is necessary to protect any child in the day care facility
from physical or mental abuse, abandonment or any other
substantial threat to health, safety, or welfare. Administrative
proceedings would be conducted in accordance with the
emergency adjudicative proceedings and other relevant
provisions of the Kansas Administrative Procedures Act. This
section would take effect on July 1, 2026.
The bill would allow the Executive Director to assess a
civil fine, after proper notice and an opportunity to be heard in
accordance with the Kansas Administrative Procedures Act,
against a licensee for each violation of such provisions or
rules and regulations adopted pursuant thereto that
significantly and adversely affect the health, safety, or
sanitation of children in a day care facility. Each civil fine
would be assessed in an amount not to exceed $500. Every
day such violation continues would be deemed a separate
violation. All fines assessed and collected would be deposited
into the State General Fund.
Persons Prohibited From Day Care Facilities (Office of
Early Childhood)
The bill would prohibit the maintenance of a day care
facility at a location where an individual resides, works, or
regularly volunteers if such individual has:
●Been convicted of a person felony;
39- 96 ●Been convicted of a felony related to controlled
substances;
●Been convicted of any act, attempt, or conspiracy
related to crimes against persons, sex offense, or
crimes against family relationships and children;
●Been convicted of promoting obscenity;
●Been convicted of arson;
●Been adjudicated a juvenile offender for any of the
above listed crimes;
●Been convicted or adjudicated of a crime that
requires registration as a sex offender;
●Committed an act of abuse or neglect and is listed
in the child abuse and neglect registry maintained
by the Department for Children and Families and
has failed to successfully complete a corrective
action plan or has not had their record expunged;
●Had a child removed from home based on a finding
that finds the child to be a child in need of care and
the child has not been returned to the home or the
person has failed to complete a corrective action
plan;
●Had parental rights terminated pursuant to the
Kansas Juvenile Code;
●Has signed a diversion agreement involving a
charge of child abuse or sexual abuse; or
●Has an infectious or contagious disease.
Additionally, for such requirements related to convictions
or adjudications, the same restrictions would apply for
convictions or adjudications from other states or the federal
government.
40- 96 Persons residing in a day car facility who have been
found to be in need of a guardian or conservator would count
toward the total number of children allowed in care.
The Executive Director would be granted access to court
records and authorized to conduct criminal background
checks necessary to enforce these provisions, including fixing
fees for fingerprinting such persons and depositing money in
the Day Care Criminal Background and Fingerprinting Fund.
Day care facilities and employees thereof who act in
good faith to comply with these requirements would not be
liable for civil damages to any person refused employment or
discharged pursuant to these provisions.
Youth Out-of-School Programs (Office of Early
Childhood)
Licensed youth out-of-school time programs and school-
age programs that operate on or within the premises of a
public or private school licensed by the State of Kansas
would be exempted from sanitation safety condition
requirements. Such premises would be governed by the
provisions of a memorandum of understanding between the
State Fire Marshal and local, political, or taxing subdivisions
to provide school inspections.
The bill would prohibit licenses for a youth out-of-school
program or school-age program from being denied,
suspended, or revoked on the basis that the building does not
meet requirements for licensure if the building:
●Is a public recreating center or school and is used
by school-age children and youth the same age as
children and youth cared for in the youth out-of-
school program or school-age program;
●Complies, during all hours of operation of the
youth-out-of school program or school-age
41- 96 program, with the Kansas Fire Prevention Code or
a building code that is by law deemed to comply
with the Kansas Fire Prevention Code; and
●Complies during all hours of operation of the youth
out-of-school program or school-age program, with
all local building code provisions that apply to
recreation centers, if the building is a public
recreation center, or schools, if the building is a
school.
The bill prohibits a license from being denied,
suspended, or revoked based on an environmental deficiency
if:
●The environmental deficiency does not pose an
imminent risk to children and youth;
●The environmental deficient is outside the
applicant’s or licensee’s immediate authority to
correct; and
●The applicant or licensee has notified the public
recreation center or school of the environmental
deficiency.
Youth out-of-school programs under the Office would
take effect on and after July 1, 2026.
The Secretary of Health and Environment would be
prohibited from imposing restrictions on the use or purchase
of 15 passenger vans purchased by the program prior to July
1, 2024. The prohibition on 15 passenger vans would expire
on June 30, 2026.
42- 96 Child Care Slots
The bill would prohibit expenditures by any agency to be
used for the purpose of providing reimbursements for unfilled
child care slots.
Kansas Children’s Cabinet and Office of Early Childhood
The bill would establish the Kansas Children’s Cabinet
(Cabinet) within the Department of Commerce and oversee
the Executive Director of the Kansas Office of Early
Childhood.
The bill would expand the Cabinet membership from 15
to 16 by adding the Executive Director of the Office to the
Cabinet. The bill would replace the Commissioner of Juvenile
Justice with the Secretary of Corrections or the Secretary’s
designee. The bill would reduce members of the public who
are interested in and knowledgeable about the needs of
children and families appointed by the Governor from five to
three. The bill would add one person each (two total)
appointed by the Speaker Pro Tem of the House of
Representatives and the Vice President of the Senate. The
bill would also require that no more than two members
appointed by the Governor to the Cabinet be members of the
same political party.
The bill would require the Cabinet to review applications
for any grant funding opportunities and allocate such grants
administered by the Office and adopt rules and regulations as
necessary.
The bill would require payments for subsistence
allowances, mileage, and other expenses to be paid from
available appropriations to the Kansas Office of Early
Childhood. Current law has such costs paid from available
appropriation for the Kansas Department of Children and
Families.
43- 96 Current law requires the Cabinet to advise the Governor
and Legislature regarding the uses of the moneys credited to
the Children’s Initiatives Fund. The bill would subject such
money to appropriations made by the legislature and add the
Executive Director to the list of those advised by the Cabinet.
Child Care Facilities
The bill would clarify that a child care facility does not
include a:
●Day care facility;
●Day care home;
●Child care center;
●Preschool;
●School-age program;
●Youth out-of-school time program; or
●Child care resources and referral agency.
The bill would modify the day care facility definition to
include other facility types as determined by the Executive
Director.
The bill would remove the requirement that a day care
facility’s license have an expiration sticker stating the
license’s expiration date on the face of the license.
Rules and Regulations
The bill would remove the requirement that rules and
regulations include provisions for the competent supervision
and care of children in day care facilities and defining
“competent supervision.”
The bill would also preclude the Executive Director from
adopting rules and regulations requiring educational
outcomes or curriculum for licensed persons or entities.
44- 96 Surveyors and Certification
The bill would require inspectors to be an employee of
the Secretary of Commerce or have a contract with the
Secretary to provide inspection services.
The bill would require the Secretary to create a surveyor
certification and provide a minimum of yearly continuing
education for qualifications of such certification. If a surveyor
fails to comply with certification requirements, the bill would
require such surveyor to complete an improvement plan. The
Secretary would be authorized to terminate a surveyor’s
certification if the surveyor does not satisfactorily complete
the improvement plan.
Staffing, Training, and Education Requirements
The bill would remove the requirement that a person
maintaining a day care facility have a high school diploma, or
equivalent, except where extraordinary circumstances exist.
Parent Education Programs
The bill would replace the Kansas State Board of
Education with the Office regarding the administration of
grants of state money for the development and operation of a
parent education program.
The bill would also replace the Board with the Office for
adopting rules and regulations for the administration of the
Act.
Tax Credit for Household and Dependent Care Expenses
The bill would increase the tax credit for household and
dependent care expenses from 25 percent to 50 percent of
the federally allowed amount, effective tax year 2024.
45- 96 Technical Changes
The bill would make technical amendments to remove
outdated language, make language consistent with other
statutes, and update effective dates.
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.
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 on February 8, 2023,
proponent testimony was provided by Senator Blasi and
representatives of the Kansas 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
46- 96 bill would expand childcare availability, modify staff to child
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), The Family Conservancy, Family Resource Center,
Harmon and Harmon Family Child Care, Johnson County
Department of Health and Environment, 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. 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,
47- 96 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” to “lead teacher”;
○“Assistant group leader” to “assistant
teacher”; and
○“Day care home” 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;
●Add language restricting the Secretary from
adopting more restrictive ratios or children per unit,
and remove language regarding volunteers;
●Add professional development training
requirements for child care homes, in alignment
with child care center training requirements;
●Define “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.
48- 96 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. The speakers
generally spoke to an ongoing shortage of child care in the
state and its effect on the workforce. The representative of
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-only 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
Committee on Commerce, and recommend ed a substitute
bill.
On February 15, 2024, SB 96 was withdrawn from the
House of Representatives’ calendar and referred to the
House Committee on Commerce, Labor and Economic
Development.
House Committee on Commerce, Labor and Economic
Development
The House Committee on Commerce, Labor and
Economic Development inserted the contents of HB 2785 into
49- 96 House Sub. for SB 96 while retaining the contents of HB
2785. Background information for each bill is provided below.
House Sub. for SB 96 (Updating Law Regulating Child Care
Centers and Child Care Homes)
In the House Committee hearing on March 14, 2024,
proponent testimony was provided by Representative Titus
and representatives of the Kansas Chamber, Modern
Government, Opportunity Solutions Project, and the Wizard
of Coz Daycare. The proponents generally said the bill would
help open needed child care slots in the state by reducing the
time and costs associated with regulatory compliance.
Opponent testimony was provided representatives of
the Kansas Department of Health and Environment and
ChildCare Aware Kansas. The opponents generally stated the
bill would provide rigid state statutes that do not allow for
flexibility, while adding ambiguity of who has ultimate
authority in enforcing the law.
Neutral testimony was provided by a representative of
the Kansas Alliance of the Boys and Girls Club, who generally
stated the bill would be better if drop in programs were
renamed youth out-of-school time program and if language
providing clarity regarding youth out-of-school time were
included in the bill.
The House Committee amended House Sub. for SB 96
to move the effective date to July 1, 2026.
HB 2785 (Transferring Certain Child Care Programs)
The bill was introduced by the House Committee on
Child Welfare and Foster Care at the request of
Representative Concannon on behalf of the Office of the
Governor.
50- 96 House Committee on Commerce, Labor and Economic
Development
In the House Committee hearing, proponent testimony
was provided by representatives of the Kansas Association of
Local Health Departments, Kansas Children’s Cabinet and
Trust Fund, the Kansas Department for Children and
Families, Kansas State Alliance of YMCAs, Childcare Aware
of Kansas, Kansas Action for Children, Kansas Department of
Health and Environment, Kansas Children’s Service League,
and Thrive Kansas, and a private citizen. The proponents
generally stated the bill would streamline funding and
operations.
Neutral testimony was provided by a representative of
the Kansas Alliance of the Boys and Girls Club, who generally
stated the bill doesn’t address child care for school-aged
children who need out-of-school care.
No other testimony was provided.
The House Committee amended the bill to:
●Move the Early Childhood Center and Childrens
Cabinet under the Secretary of Commerce;
●Require the Executive Director to submit to the
Legislature the annual request for the Office for
appropriations;
●Authorize the Executive Director to implement and
administer rules and regulations adopted by the
Cabinet;
●Increase the Cabinet’s membership and modify
membership allocations;
●Replace drop-in programs with youth out-of-school
time programs;
51- 96 ●Modify inspection requirements for licensed youth
out-of-school time programs and school -age
programs that operate on or within the premises of
a public or private school;
●Disallow reimbursement funds for unfilled child
slots;
●Require a surveyor certificate and continuing
education program established by the Secretary of
Commerce; and
●Provide a dependent care tax credit for tax years
2023 and tax years thereafter;
Fiscal Information
SB 282 and House Sub. for SB 96
According to the revised fiscal note prepared by the
Division of the Budget, 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
52- 96 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
enactment of 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 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.
An updated fiscal note for House Sub. for House Sub for
SB 96 was unavailable at the time the House Committee took
action on the bill.
HB 2785
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Department for
Children and Families indicates enactment of the bill would
result in a reduction of agency expenditures totaling $127.6
million, including $14.6 million SGF, beginning in FY 2026.
The corresponding revenue sources for these expenditures
would also be reduced from the agency budget. A total of
15.0 FTE positions are currently associated with these
programs.
KDHE estimates that enactment of the bill would reduce
total expenditures by $16.2 million for FY 2026. The agency
estimates a reduction of revenue totaling $16.7 million for FY
53- 96 2026 associated with the transfer of programs pursuant to HB
2785 and the related funding streams.
The Kansas State Department of Education indicates
that enactment of the bill would have no fiscal effect on the
agency.
The Division of the Budget assumes the reported
agency savings related to the enactment of HB 2785 would
not result in statewide savings as most program duties and
responsibilities would be transferred to the Office of Early
Childhood, in addition to the salary and benefits for a new
Executive Director.
Any fiscal effect associated with enactment of HB 2785
is not reflected in The FY 2025 Governor’s Budget Report.
Child care center; child care facility; child placement agency; child care home;
licensure; department of commerce; office of early childhood
54- 96