HOUSE BILL No. 2045
AN ACT concerning child care; relating to licensure of day care facilities, child care homes
and child care centers; reducing license fees and training requirements; creating a
process for a temporary waiver of certain statutory requirements; authorizing the
secretary of health and environment and the director of early childhood to develop
and operate pilot programs to increase child care facility availability and capacity;
establishing the Kansas office of early childhood and the director of early childhood;
transferring administration of day care licensing, parent education programs and the
child care subsidy program to the Kansas office of early childhood; creating the day
care facilities and child care resource and referral agencies licensing fee fund and the
day care criminal background and fingerprinting fund; defining youth development
programs; amending K.S.A.38-1901, 38-2103, 65-501, 65-504, 65-505, 65-508, 65-
512, 65-527, 65-531, 72-4161, 72-4162, 72-4163, 72-4164 and 72-4166 and K.S.A.
2024 Supp. 48-3406, 65-503 and 65-516 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Each licensed child care center that provides
care to any number or type of child shall hire a program director or lead
teacher who:
(1) Is at least 18 years of age;
(2) has a high school diploma or equivalent; and
(3) has one of at least four educational or experience-based criteria
specific to such licensure as determined by the director, which shall
include one non-academic experience-based option for qualifications
under this paragraph.
(b) Each licensed child care center may hire assistant teachers.
Each assistant teacher shall be at least 16 years of age and have
necessary skills and abilities as determined by the director. The director
shall not require assistant teachers to meet educational requirements.
(c) Waivers to this section may be granted on a case-by-case basis
by the secretary in accordance with section 5, and amendments thereto.
(d) On and after July 1, 2026, this section shall be administered by
the director of early childhood and waivers to this section may be
granted on a case-by-case basis by the director based on a
recommendation from the deputy director of child care licensure and
finance in accordance with section 5, and amendments thereto.
(e) From July 1, 2025, through June 30, 2026, this section shall be
a part of and supplemental to article 5 of chapter 65 of the Kansas
Statutes Annotated, and amendments thereto.
New Sec. 2. (a) (1) For each licensure year beginning after July 1,
2025, each person who provides care to children in a licensed child care
home shall complete professional development training in an amount
determined by the secretary of health and environment of up to 10
clock hours per licensure year.
(2) Such training shall consist of a minimum of eight hours of
training specified by the secretary.
(3) As part of the professional development training required
under this subsection:
(A) Each person who provides care to children in a licensed child
care home shall submit to the secretary proof of completion of up to
four hours of such outside training in child care or any related subject.
The secretary shall retain records of such person's compliance with this
requirement; and
(B) a person who maintains a licensed child care home with one
provider, if such provider provides care simultaneously to four infants
at any time during the licensure year, shall submit to the secretary proof
of completion of at least three hours of such professional development
training in an infant-specific subject. The secretary shall retain records
of such person's compliance with this requirement.
(b) The secretary shall update rules and regulations to not require
licensure for an individual who provides care for less than 35 hours,
unless otherwise increased by the secretary, to four or fewer children,
not more than two of whom may be infants who are not related to the
individual by blood, marriage or legal adoption, nor to individuals who
provide care for children in such child's own home or when care is
arranged between friends and neighbors on an irregular basis.
(c) The secretary shall update rules and regulations regarding child HOUSE BILL No. 2045—page 2
ratios on or before October 1, 2025.
(d) On and after July 1, 2026, this section shall be administered by
the director of early childhood.
(e) From July 1, 2025, through June 30, 2026, this section shall be
a part of and supplemental to article 5 of chapter 65 of the Kansas
Statutes Annotated, and amendments thereto.
New Sec. 3. (a) A licensed child care center shall meet the legal
requirements of the local jurisdiction where the child care center is
located for fire protection, water supply and sewage disposal.
(b) (1) The designated area for children's activities shall contain a
minimum of 28 square feet of floor space per child, excluding kitchens,
passageways, storage areas and bathrooms.
(2) There shall be a minimum of 60 square feet of outdoor play
space on the premises for each child using the space at any given time.
(c) On and after July 1, 2026, this section shall be administered by
the director of early childhood.
(d) From July 1, 2025, to June 30, 2026, this section shall be a part
of and supplemental to article 5 of chapter 65 of the Kansas Statutes
Annotated, and amendments thereto.
New Sec. 4. (a) The secretary of health and environment shall not
require as a condition of licensure for a child care home that the
licensee live in the child care home.
(b) On and after July 1, 2026, this section shall be administered by
the director of early childhood.
(c) From July 1, 2025, through June 30, 2026, this section shall be
a part of and supplemental to article 5 of chapter 65 of the Kansas
Statutes Annotated, and amendments thereto.
New Sec. 5. (a) (1) Notwithstanding any law to the contrary, a
person granted licensure to maintain a day care facility may request
from the secretary of health and environment a waiver from the
requirements of this act for a set period of time. Waiver requests shall
be made in a form and manner approved by the secretary and shall
contain the provisions of the statute sought to be waived.
(2) Such waiver request shall be submitted to the secretary and
may be granted on a case-by-case basis.
(b) (1) On and after July 1, 2026, notwithstanding any law to the
contrary, a person granted licensure to maintain a day care facility may
request a waiver from the requirements of this act for a set period of
time. Waiver requests shall be made in a form and manner approved by
the director of early childhood and shall contain the provisions of the
statute sought to be waived.
(2) Such waiver request shall be submitted to the deputy director
of child care licensure and finance. Upon a recommendation by the
deputy director of child care licensure and finance on a case-by-case
basis, the director may grant a waiver.
(c) From July 1, 2025, through June 30, 2026, this section shall be
a part of and supplemental to article 5 of chapter 65 of the Kansas
Statutes Annotated, and amendments thereto.
New Sec. 6. (a) (1) Notwithstanding any other law to the contrary,
the secretary of health and environment may develop and operate pilot
programs designed to increase the availability or capacity of day care
facilities in the state. Such pilot programs may request state funding for
operations, subject to appropriations.
(2) The secretary may grant licensure to a person to maintain a
day care facility or youth development program in a pilot program
under this section that waives the requirements of this act or rules and
regulations related to licensure and operation of a day care facility or
youth development program, including requirements for staff at such
day care facility or youth development program. A day care facility or
youth development program granted a license under this section shall
comply with any alternative terms, conditions and requirements set by
the secretary as may be necessary to protect the health, safety and
welfare of any children who attend such day care facility or youth
development program. HOUSE BILL No. 2045—page 3
(3) The secretary shall not grant a license under this section if the
secretary determines that a day care facility or youth development
program or staff of such facility or program would endanger the health,
safety and welfare of any child.
(b) The secretary may grant licensure to a person to maintain a
day care facility or youth development program under this section for
up to five licensure years, except that the secretary may grant an
additional two years of licensure to any facility or program that
participated in a pilot program pursuant to subsection (c).
(c) If the secretary determines that a pilot program has been
successful and will increase the availability or capacity of child care
facilities in the state, the secretary shall make suggestions and
recommendations to the legislature for statutory changes relating to day
care facilities or youth development programs.
(d) On and after July 1, 2026, this section shall be administered by
the director of early childhood.
(e) From July 1, 2025, through June 30, 2026, this section shall be
a part of and supplemental to article 5 of chapter 65 of the Kansas
Statutes Annotated, and amendments thereto.
New Sec. 7. (a) The secretary of health and environment shall not
impose restrictions on the use of 15-passenger vans purchased on or
before July 1, 2025.
(b) On and after July 1, 2026, this section shall be administered by
the director of early childhood.
(c) From July 1, 2025, through June 30, 2026, this section shall be
a part of and supplemental to article 5 of chapter 65 of the Kansas
Statutes Annotated, and amendments thereto.
New Sec. 8. (a) There is hereby established within the executive
branch the Kansas office of early childhood for the purpose of creating
greater transparency, safety and efficiency to Kansans with the
oversight of all funds, programs and policies related to early childhood
care services provided in Kansas.
(b) The Kansas office of early childhood shall be administered
under the direction and supervision of the director of early childhood.
(c) The governor shall appoint the director of early childhood,
subject to confirmation by the senate as provided in K.S.A. 75-4315b,
and amendments thereto. Except as provided in K.S.A. 46-2601, and
amendments thereto, no person appointed as director shall exercise any
power, duty or function as director until confirmed by the senate.
(d) The director shall be in the unclassified service under the
Kansas civil service act and shall receive an annual salary to be fixed
by the governor. The director shall serve at the pleasure of the
governor.
(e) Except as provided in K.S.A. 38-2103, and amendments
thereto, all budgeting, purchasing and related management functions of
the Kansas office of early childhood shall be administered under the
direction and supervision of the director of early childhood.
(f) All expenditures shall be made in accordance with
appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the director of early childhood
or the director's designee. The director shall submit to the legislature
the annual request for the Kansas office of early childhood for
appropriations, including the use of moneys subject to K.S.A. 38-2102
and 38-2103, and amendments thereto. The office's request shall be
prepared and submitted in the form and manner provided by K.S.A. 75-
3716 and 75-3717, and amendments thereto.
(g) The Kansas governmental operations accountability law
applies to the Kansas office of early childhood, and the office shall be
subject to audit, review and evaluation under such law.
(h) The director shall maintain an office in Topeka, Kansas.
(i) (1) On or before July 1, 2025, the governor shall appoint an
interagency transition team to begin office operations.
(2) On or before January 1, 2026:
(A) The governor shall appoint the director; and HOUSE BILL No. 2045—page 4
(B) the office shall begin transitioning programs identified in
section 12, and amendments thereto, from state agencies to the office.
(3) On or before July 1, 2026, all identified programs shall be
under the direction and supervision of the director, including staff and
other operational functions.
(j) Nothing in this act shall be construed to preempt, supersede or
impinge on the authority of the Kansas department for children and
families provided in K.S.A. 75-3084 through 75-3089, and
amendments thereto.
New Sec. 9. (a) The Kansas office of early childhood shall be
responsible for:
(1) The implementation of child care policies, processes,
procedures and funding with direction from the governor, the director
of early childhood and the legislature;
(2) the implementation of policies, processes and awards granted
through the children's cabinet, subject to appropriations and approval of
the legislature;
(3) the provision of mediation, support and problem-solving
resolutions through child care advocacy services;
(4) providing easily-accessible support to the public and persons
providing and receiving child care services;
(5) ensuring access to information, services, resolution of issues,
rules and regulations and funding in a user-friendly manner as
prescribed by the director;
(6) serving as a central point of contact for federal and state
agencies on child care services, funding and grants; and
(7) maximizing administrative efficiencies to reduce burdens on
families and improve access to early childhood services.
(b) The director of early childhood shall ensure efficient use of
funds for the provision of child care services and report such efficient
use through the following:
(1) Maximizing funds for child care services, support programs
and grant initiatives for efficiency and reducing administrative waste,
fraud and abuse and ensuring greatest possible benefit to eligible
families and providers;
(2) establishing clear performance metrics and accountability
measures to ensure effective use of state and federal resources,
including conducting regular audits, outcome-based evaluations and
cost-efficiency reviews; and
(3) complying with all rules and regulations adopted pursuant to
the requirements set forth in K.S.A. 39-709, and amendments thereto.
(c) On or before January 20, 2026, and each year thereafter, the
director shall submit a report to the Kansas legislature that includes:
(1) The allocation and expenditure of funds and resources;
(2) measurable outcomes of programs funded through the office,
including, but not limited to, compliance to safety regulations and
number of complaints received and resolved;
(3) identified inefficiencies within the office and system and the
corrective action taken in response;
(4) recommendations for improving fiscal stewardship, service
delivery, implementation of statutory requirement and any potential
changes;
(5) updates on changes to rules and regulations;
(6) all data and metrics related to service rates for children and
families, workforce and private actors, service delivery and fiscal
efficiency of all programs and recommendations for continuation or
termination of such programs; and
(7) any pilot program, including, but not limited to, the number of
participating day care facilities or youth development programs and
number of children attending such facilities or programs, provisions of
statutes and regulations waived by the director, recommendations for
changes to this act and a summary of findings from the pilot program
based on available information.
New Sec. 10. (a) The director of early childhood shall: HOUSE BILL No. 2045—page 5
(1) Prepare, submit to the legislature and implement plans for a
comprehensive service delivery system for children and families;
(2) facilitate and coordinate interagency cooperation toward the
goal of serving children and families with a variety of other state
agencies, such as the Kansas department for children and families, the
department of health and environment, the department of corrections,
the state board of education, the state board of regents and any other
state offices, department or board providing services to Kansas children
and families;
(3) provide a central contact for information and assistance for
children, families, communities and businesses in need of early
childhood care and related services;
(4) serve as the primary contact for the Kansas legislature on
policy, administrative support and constituent services relating to early
childhood care and related services;
(5) enter into such contracts and agreements as necessary or
incidental to the performance of the powers and duties of the executive
director;
(6) 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, certifications,
renewals, reports and remittance of fees that are necessary or incidental
to the execution of the laws relating to the Kansas office of early
childhood;
(7) appoint and oversee deputy directors within the office;
(8) transition the administration of the following programs and
state functions to the office:
(A) Child care subsidy;
(B) children's cabinet and trust fund;
(C) day care facility licensing, youth development programs,
school-age programs and early youth care programs;
(D) child care quality;
(E) head start collaboration office;
(F) healthy families America;
(G) Kansas early head start child care partnership;
(H) Kansas early head start home visitation;
(I) maternal and child health home visitation;
(J) maternal, infant and early childhood home visitation; and
(K) parents as teachers;
(9) 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;
(10) adopt, amend or revoke any rules and regulations necessary
to carry out this act and the programs and duties of the office; and
(11) ensure that all Kansas children's cabinet functions are
executed in accordance with K.S.A. 38-1901, and amendments thereto.
(b) The director shall not adopt rules and regulations or policies
requiring educational outcomes or curriculum for persons or entities
licensed pursuant to this act.
(c) Nothing in this section shall be construed to authorize the
director to administer the preschool programs in K.S.A. 72-3215 and
72-5154, and amendments thereto.
(d) Subject to this act, the director shall organize the Kansas office
of early childhood in the manner that the director deems most efficient.
The director may establish policies governing the transaction of
business of the office and the administration of each division within the
office. The deputy directors shall perform such duties and exercise such
powers as the director may prescribe and such duties and powers as are
prescribed by law. Such deputy directors shall act for and exercise the
powers of the director to the extent that authority to do so is delegated
by the director.
(e) Administration of programs transferred by this section are
subject to federal and state appropriations.
New Sec. 11. (a) Except as otherwise provided by law, and subject HOUSE BILL No. 2045—page 6
to the Kansas civil service act, the director shall appoint:
(1) Subordinate officers and employees as are necessary to enable
the director to exercise or perform the functions, powers and duties
pursuant to this act;
(2) the deputy director of child care licensure and finance;
(3) the deputy director of home visitation; and
(4) the deputy director of the Kansas children's cabinet.
(b) Nothing in this section shall be construed to 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 department for health and environment or the state
department of education.
New Sec. 12. (a) (1) There is hereby established within and as a
part of the Kansas office of early childhood the deputy director of child
care licensure and finance. The deputy director shall oversee day care
licensure, including, day care facility and child care resource and
referral agency licensing and child care finance and quality.
(2) The deputy director shall be in the unclassified service under
the Kansas civil service act and appointed by the director.
(3) All of the powers, duties and functions of the existing day care
and child care resource and referral agency licensing programs pursuant
to this act within the division of public health of the department of
health and environment are hereby transferred to the deputy director.
(4) The deputy director shall manage all components of licensure,
including, but not limited to, inspections, waiver approvals and
revocation of licenses.
(5) Whenever day care and child care resource and referral agency
licensing, or words of like effect, are referred to or designated by any
statute, rule and regulation, contract or any other document, including
any statute, rule and regulation, contract or any document created
pursuant to the authorities transferred by this section, such reference or
designation shall apply to the deputy director.
(6) The deputy director may enter into agreements with the
Kansas department for children and families for the administration of
child care subsidy payments. If executed, such agreements shall require
that the secretary for children and families determine an applicant's
eligibility for the child care subsidy according to K.S.A. 39-709, and
amendments thereto, and provide information pertaining to such
eligible applicants to the deputy director for the administration of such
benefits.
(7) There is hereby established the child care ombudsman to be
overseen by the deputy director of child care licensing and finance.
Such ombudsman shall:
(A) Serve as a central point of contact for concerns regarding the
delivery and system of child care services and receive, investigate and
address complaints, concerns and inquiries in a timely manner from the
public regarding child care services, providers and related programs;
(B) act as an advocate for parents, families and child care
providers by facilitating communication between stakeholders and
ensuring that concerns are resolved efficiently and fairly;
(C) work collaboratively with state agencies, the director of early
childhood, service providers and advocacy organizations to improve the
quality, accessibility and affordability of child care services in Kansas;
(D) provide clear guidance and information, in conjunction with
and direction from the director, to the public about child care
regulations, available support programs and how to access services
when concerns arise;
(E) submit an annual report to the director, to be shared with the
legislature, detailing the number and nature of concerns addressed,
actions taken and recommendations for improvements in child care
services and policies;
(F) review all revocations of licensure upon a complaint and make
appeal to director. If an unsatisfactory determination is made, the
provider may appeal through the administrative procedure act; and HOUSE BILL No. 2045—page 7
(G) recommend changes in policies, rules and regulations or
procedures to improve the functioning of child care services in Kansas
to the director, the governor and the legislature.
(b) (1) There is hereby established within and as a part of the
Kansas office of early childhood the deputy director of home visitation.
The deputy director shall oversee home visitation programs.
(2) The deputy director shall be in the unclassified service under
the Kansas civil services act and appointed by the director.
(3) All the powers, duties and functions of existing home
visitation programs are hereby transferred to the deputy director of
home visitation.
(4) Whenever the existing home visitation programs or word of
like effect, are referred to or designated by any statute, rule and
regulation, contract or any other document, including any statute, rule
and regulation, contract or any document created pursuant to the
authorities transferred by this section, such reference or designation
shall apply to the deputy director.
(c) (1) There is hereby established within and as a part of the
Kansas office of early childhood the deputy director of the Kansas
children's cabinet established under K.S.A. 38-1901, and amendments
thereto.
(2) The Kansas children's cabinet shall be administered by the
deputy director of the Kansas children's cabinet, who shall be in the
unclassified service under the Kansas civil service act and appointed by
the director.
(3) All of the powers, duties, functions and cabinet-approved
programs of the existing Kansas children's cabinet and the Kansas
children's cabinet director are hereby transferred to the Kansas office of
early childhood.
(4) The children's cabinet established in K.S.A 38-1901, and
amendments thereto, is subject to appropriations of the legislature.
New Sec. 13. (a) On or before July 1, 2026, except as otherwise
provided by this act, all rules and regulations, orders and directives of
state agencies related to the programs transferred by this act that are in
effect on the effective date of this act shall continue to be effective and
shall be deemed to be rules and regulations, orders and directives of the
Kansas office of early childhood until revised, amended, revoked or
nullified pursuant to law.
(b) (1) On or before July 1, 2026, the balances of all funds and
accounts appropriated or reappropriated that were used for or pertain to
the powers, duties and functions of programs transferred to the Kansas
office of early childhood pursuant to this act are hereby transferred
within the state treasury to the Kansas office of early childhood and
shall be used for the purpose for which the appropriation was originally
made. The director of Kansas office of early childhood shall determine
and certify to the director of accounts and reports the amount in each
account of the state general fund or special revenue fund of state
agencies that have been determined by the director of the Kansas office
of early childhood to be transferred. Upon receipt of a certification
pursuant to this paragraph, the director of accounts and reports shall
transfer the amount certified pursuant to this paragraph from each
account of the state general fund or special revenue fund of a state
agency that has been determined by the director of the Kansas office of
early childhood to be transferred.
(2) On or before July 1, 2026, the Kansas office of early childhood
shall succeed to all property, property rights and records of state
agencies that were used for or pertain to the powers, duties and
functions of the programs transferred to the Kansas office of early
childhood pursuant to this act.
(3) On or before July 1, 2026, any conflict as to the proper
disposition of the unexpended balance of any appropriation, property,
property rights, personnel or records as a result of the transfer of
programs to the Kansas office of early childhood pursuant to this act
arising under this subsection shall be determined by the governor. HOUSE BILL No. 2045—page 8
(c) (1) On or after July 1, 2026, no suit, action or other
proceeding, judicial or administrative, lawfully commenced or that
could have been commenced by or against any state agency or program
mentioned in this act or by or against any officer of the state in such
officer's official duties shall abate by reason of this act. The court may
allow any such suit, action or other proceeding to be maintained by or
against the successor of any such state agency or any officer affected.
(2) On or after July 1, 2026, no criminal action commenced or that
could have been commenced by the state shall abate by the taking
effect of this act.
(d) (1) On or before July 1, 2026, all officers and employees of the
state agencies related to the programs transferred in this act who,
immediately prior to the effective date of this act, are engaged in the
exercise and performance of the powers, duties and functions
transferred by this act, as well as all officers and employees of the state
agencies related to the programs transferred in this act who are
determined by the director of the Kansas office of early childhood to be
engaged in providing administrative, technical or other support services
that are essential to the exercise and performance of the powers, duties
and functions transferred by this act, are hereby transferred to the
Kansas office of early childhood. All classified officers and employees
so transferred shall retain their status as classified employees.
(2) On or before July 1, 2026, officers and employees transferred
by this act shall retain all retirement benefits and leave balances and
rights that had accrued or vested prior to the date of transfer. The
service of each such officer or employee so transferred shall be deemed
to have been continuous. Any subsequent transfers, layoffs or abolition
of classified service positions under the Kansas civil service act shall be
made in accordance with the civil service laws and any rules and
regulations adopted thereunder. Nothing in this act shall affect the
classified status of any transferred person employed prior to the date of
this transfer.
(3) On or before July 1, 2026, notwithstanding the effective date
of this act, the provisions of this act prescribing the transfer of officers
and employees to the Kansas office of early childhood established by
this act, the date of transfer of each such officer or employee shall
commence at the start of a payroll period.
New Sec. 14. (a) To the extent that funds expended for child care
services are subject to federal requirements and appropriation acts of
the legislature, such funds shall not be expended by any agency or
office to reimburse providers for unfilled child care slots, not including
reimbursement for a child who is temporarily absent due to illness or
other reason and intend to resume receiving child care services.
(b) On and after July 1, 2026, this section shall be administered by
the director of early childhood.
(c) From July 1, 2025, through June 30, 2026, this section shall be
a part of and supplemental to article 5 of chapter 65 of the Kansas
Statutes Annotated, and amendments thereto.
New Sec. 15. (a) It shall be unlawful for any person, firm,
corporation or association to conduct or maintain a day care facility for
children under 16 years of age without having a license or temporary
permit therefor from the executive director of the Kansas office of early
childhood. Nothing in this act shall apply to:
(1) A residential facility or hospital that is operated and
maintained by a state agency as defined in K.S.A. 75-3701, and
amendments thereto;
(2) child care facilities as defined in K.S.A. 65-503, and
amendments thereto;
(3) a summer instructional camp that is provided by a not-for-
profit, school, verifiable nonpublic school or an employee of such
school; or
(4) a person or group of persons providing educational activities
for children ages pre-K through high school to such persons' children.
(b) Organizations or persons providing services defined as a day HOUSE BILL No. 2045—page 9
care under this act and not included in this section may apply for and be
granted a waiver as provided for under the act.
(c) This section shall take effect on and after July 1, 2026.
New Sec. 16. (a) As used in this act:
(1) "Act" means sections 8 through 36, and amendments thereto.
(2) "Assistant teacher" means a staff member of a child care center
who is responsible for assisting the lead teacher in the care of children.
(3) "Child care center" means a facility that meets child care
center regulations and provides care and educational activities for
children.
(4) "Child care home" means the premises where care is provided
for children at a residence.
(5) "Child care resource and referral agency" means 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.
(6) "Day care facility" means a day care home, preschool, child
care center, school-age program, youth development program or other
facility of a type determined by the director to require regulation under
this act.
(7) "Employee" means a person working, regularly volunteering
or residing in a day care facility.
(8) "Infant" means a child who is between two weeks and 12
months of age or a child older than 12 months who has not yet learned
to walk.
(9) "Lead teacher" means an individual who can independently
staff any unit in a child care center.
(10) "Licensure year" means the period of time beginning on the
effective date and ending on the expiration date of a license.
(11) "Person" means any individual, association, partnership,
corporation, government, governmental subdivision or other entity.
(12) "Program director" means the staff member of a child care
center 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.
(13) "Religious beliefs" means the same as defined in K.S.A. 44-
663, and amendments thereto.
(14) "School-age" means a child who will be at least six years of
age on or before the first day of September of any school year but is
under 16 years of age.
(15) "Unit" means the number of children who may be present in
one group in a child care center.
(16) "Youth development program" means the same as defined in
section 32, and amendments thereto.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 17. (a) The director of the Kansas office of early
childhood shall 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 shall state the name of
the licensee, describe the particular premises in or at which the business
shall be carried on, whether it shall receive and care for children, and
the number of children that may be cared for at any one time. No
greater number of children than is authorized in the license shall be
kept on such premises, and the business shall not be carried on in a
building or place not designated in the license. The license shall be kept
posted in a conspicuous place on such premises, where the business is
conducted. A license granted to maintain a day care facility shall have
on its face an expiration sticker stating the date of expiration of the
license.
(b) The director of the Kansas office of early childhood shall not
grant a license in any case until careful inspection of the day care
facility has been made according to the terms of this act and until such HOUSE BILL No. 2045—page 10
day care facility has complied with all the requirements of this act. The
director of the Kansas office of early childhood may issue a temporary
permit to operate for a period of not to exceed 90 days upon receipt of
an initial application for license. The director of the Kansas office of
early childhood may extend the temporary permit to operate for an
additional period of not to exceed 90 days if an applicant is not in full
compliance with this act but has made efforts toward full compliance.
(c) (1) In all cases where the secretary for children and families
deems it necessary, an investigation of the day care facility shall be
made under the supervision of the secretary for children and families or
other designated qualified agents. For that purpose and for any
subsequent investigations, such agents shall have the right of entry and
access to the premises of the facility and to any information deemed
necessary for the completion of the investigation. In all cases where an
investigation is made, a report of the investigation of such facility shall
be filed with the director of the Kansas office of early childhood.
(2) In cases where neither approval nor disapproval can be given
within a period of 30 days following a formal request for such a study,
the director of the Kansas office of early childhood may issue a
temporary license without a fee, pending final approval or disapproval
of the center or facility.
(d) Whenever the director of the Kansas office of early childhood
refuses to grant a license to an applicant, the director of the Kansas
office of early childhood shall issue an order to that effect, stating the
reasons for such denial and, within five days after the issuance of such
order, notify the applicant of the refusal. Upon application and not
more than 15 days after the date of issuance of such order, a hearing on
the order shall be held in accordance with the Kansas administrative
procedure act.
(e) When the director of the Kansas office of early childhood
finds, upon investigation or is advised by the secretary for children and
families, that K.S.A. 59-2123, and amendments thereto, or this act are
being violated or the day care facility is maintained without due regard
to the health, safety or welfare of any child, the director of the Kansas
office of early childhood may issue an order revoking such license after
giving notice and the opportunity for a hearing in accordance with the
Kansas administrative procedure act. Such order shall clearly state the
reason for the revocation.
(f) If the director revokes or refuses to renew a license, the
licensee who had a license revoked or not renewed shall not be 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 director
revokes or refuses to renew a license of a licensee who is a repeat
violator for three or more times of statutory requirements or rules and
regulations or is found to have contributed to the death or serious
bodily harm of a child under such licensee's care, such licensee shall be
permanently prohibited from applying for a new license to provide
child care or from seeking employment under another licensee.
(g) Any applicant or licensee aggrieved by a final order of the
director of the Kansas office of early childhood denying or revoking a
license under this act may appeal the order in accordance with the
Kansas judicial review act.
(h) This section shall take effect on and after July 1, 2026.
New Sec. 18. (a) The annual fee for a license to conduct a day care
facility or child care resource and referral agency shall be fixed by the
director of the Kansas office of early childhood by rules and regulations
in an amount not to exceed the following:
(1) For a child care resource and referral agency, $150; and
(2) for any day care facility subject to this act, there shall be no
annual fee for a license to conduct a day care facility.
(b) The license fee shall be paid to the director of the Kansas
office of early childhood when the license is applied for and annually
thereafter. The fee shall not be refundable. Fees in effect under
subsection (a) immediately prior to July 1, 2026, shall continue in HOUSE BILL No. 2045—page 11
effect on and after July 1, 2026, until a different fee is established by
the director of the Kansas office of early childhood by rules and
regulations.
(c) Any licensee who fails to renew such license within 30 days
after the expiration of the license shall pay to the director the renewal
fee plus a late fee in an amount of $75 or an amount equal to the fee for
the renewal of a license, whichever is greater.
(d) Any licensee applying for an amended license shall pay to the
director of the Kansas office of early childhood a fee established by
rules and regulations of the director in an amount of not to exceed $35.
(e) There is hereby created the day care facilities and child care
resource and referral agencies licensing fee fund. The director of the
Kansas office of early childhood shall remit all moneys received by the
director from fees under this section to the state treasurer in accordance
with K.S.A. 75-4215, and amendments thereto. Upon receipt of each
such remittance, the state treasurer, notwithstanding any other law to
the contrary, shall deposit the entire amount in the state treasury to the
credit of the day care facilities and child care resource and referral
agencies licensing fee fund. All expenditures from the day care
facilities and child care resource and referral agencies licensing fee
fund shall be made only for the purposes of this act in accordance with
appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the director of the Kansas
office of early childhood or by the director's designee. Notwithstanding
any other law to the contrary, no moneys shall be transferred or
otherwise revert from this fund to the state general fund by
appropriation act or other act of the legislature. Moneys available under
this section by the creation of the day care facilities or child care
resource and referral agencies licensing fee fund shall not be
substituted for or used to reduce or eliminate moneys available to the
Kansas office of early childhood to administer this act. Nothing in this
act shall be construed to authorize a reduction or elimination of moneys
made available by the state to local units of government for the
purposes of this act.
(f) This section shall take effect on and after July 1, 2026.
New Sec. 19. (a) The director of the Kansas office of early
childhood shall serve notice of the issuance, limitation, modification,
suspension or revocation of a license to conduct a day care facility to
the secretary for children and families, the secretary of corrections,
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 facility is located. A day care facility or child
care resource and referral agency that has had a license limited,
modified, suspended, revoked or denied by the director of the Kansas
office of early childhood shall notify in writing the parents or guardians
of the enrollees of the limitation, modification, suspension, revocation
or denial. Neither the secretary for children and families nor any other
person shall place or cause to be placed any child under 16 years of age
in any day care facility or child care resource and referral agency that is
not licensed by the director of the Kansas office of early childhood.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 20. (a) Each day care facility licensee shall keep a
record upon forms prescribed and provided by the director of the
Kansas office of early childhood. Such record shall 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
and such other information as the director of the Kansas office of early
childhood may require. Each day care facility licensee shall apply to
and shall receive without charge from the director of the Kansas office
of early childhood forms for such records as may be required. Such
forms shall contain a copy of this act.
(b) (1) Information obtained under this section shall be
confidential and shall not be made public in a manner that would HOUSE BILL No. 2045—page 12
identify an individual.
(2) Such records shall be confidential and shall not be subject to
the open records act, K.S.A. 45-215 et seq., and amendments thereto.
This subsection shall expire on July 1, 2031, unless the legislature
reviews and reenacts this provision pursuant to K.S.A. 45-229, and
amendments thereto, prior to July 1, 2031.
(c) This section shall take effect on and after July 1, 2026.
New Sec. 21. (a) Each day care facility subject to this act shall:
(1) Be properly heated, plumbed, lighted and ventilated;
(2) have plumbing, water and sewerage systems that conform to
all applicable state and local laws; and
(3) be operated with strict regard to the health, safety and welfare
of each child.
(b) (1) Every day care facility shall furnish or cause to be
furnished for the use of each child and employee an individual towel,
washcloth or disposable towel, comb, individual drinking cup or
sanitary bubbling fountain 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.
(2) Toothbrushes in a day care facility may be used after meals or
as appropriate.
(3) Every day care facility or child care resource and referral
agency shall comply with all applicable fire codes and rules and
regulations of the state fire marshal.
(c) The director of the Kansas office of early childhood shall
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 shall 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, sudden infant death syndrome and safe sleep
practices training, 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 and transportation and
such appropriate parental participation as may be feasible under the
circumstances.
(d) In addition to any rules and regulations adopted under this
section for safe sleep practices, a day care facility shall ensure that all
of the following requirements are met for children under 12 months of
age:
(1) A child shall only be placed to sleep on a surface and in an
area that has been approved for use as such by the director of the
Kansas office of early childhood;
(2) the sleep surface shall be free from soft or loose bedding,
including, but not limited to, blankets, bumpers and pillows; and
(3) the sleep surface shall be free from toys, including mobiles and
other types of play equipment or devices.
(e) A day care facility shall ensure that children over 12 months of
age only be placed to sleep on a surface and in an area that has been
approved for use as such by the director of the Kansas office of early
childhood.
(f) The director of the Kansas office of early childhood may
exercise discretion to make exceptions to requirements in subsections
(d) and (e) where special health needs exist.
(g) Each child cared for in a day care facility, including children of
the person maintaining the facility, shall be required to have current
immunizations as the secretary of health and environment considers
necessary. The person maintaining a day care facility shall maintain a
record of each child's immunizations and provide to the secretary of HOUSE BILL No. 2045—page 13
health and environment and the director of the Kansas office of early
childhood such information relating thereto, in accordance with rules
and regulations of the secretary of health and environment and director,
except that the person maintaining a day care facility shall not have
such person's license revoked solely for the failure to have or maintain
the immunization records required by this subsection.
(h) The immunization requirement of subsection (g) shall not
apply if one of the following is obtained:
(1) Certification from a licensed physician stating that the physical
condition of the child is such that immunization would endanger the
child's life or health; or
(2) a written statement signed by the child's parent or guardian
that such immunization violates sincerely held religious beliefs of the
parent or guardian.
(i) This section shall take effect on and after July 1, 2026.
New Sec. 22. (a) It shall be unlawful for any day care facility to
receive or care for any adult except as authorized by rules and
regulations adopted by the director of the Kansas office of early
childhood.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 23. (a) It is hereby made the duty of the director of the
Kansas office of early childhood to inspect or cause to be inspected on
or after July 1, 2026, and once every 12 months thereafter, every day
care facility, unless otherwise provided in subsection (b). For the
purpose of inspection, the director or the director's authorized agent, as
an employee of the director or who has a contract with the director to
provide inspections pursuant to this act and who holds a certificate
issued pursuant to subsection (c), shall have the right of entry and
access to every department and every place in the premises, to call for
and examine the records that are required to be kept according to this
act and to make and preserve a record of every inspection. The licensee
shall give all reasonable information to the authorized agent of the
director of the Kansas office of early childhood and afford every
reasonable facility for viewing the premises and seeing the children
therein. No such child, without the consent of the child's parent, shall
be required to be interviewed by any agent.
(b) The director of the Kansas office of early childhood shall
conduct an inspection of any day care facility upon receiving a
complaint. Any new day care facility shall be inspected prior to
issuance of a license. The director may conduct an inspection of any
day care facility that has a record of repeated complaints or serious
violations at any time. Every 12 months, the director or authorized
agent of the director shall inspect any day care facility that provides
services to military families receiving military assistance for child care.
(c) (1) The director shall create a surveyor certification and
provide a minimum of yearly continuing education to qualify for such
certification.
(2) If a surveyor fails to comply with the certification
requirements established by the director pursuant to paragraph (1), the
director may require such surveyor to complete an improvement plan.
(3) If such surveyor does not satisfactorily complete the
improvement plan, the director may terminate such surveyor's current
certification.
(d) Persons conducting inspections and surveys pursuant to this
act shall hold a certification issued by the director.
(e) This section shall take effect on and after July 1, 2026.
New Sec. 24. (a) Whenever an authorized agent of the director of
the Kansas office of early childhood or the secretary for children and
families finds a day care facility that is not being conducted according
to law, it shall be the duty of such agent to notify the licensee in writing
of changes or alterations as such agent determines is necessary in order
to comply with the requirements of the law, and such agent shall file a
copy of such notice with the director of the Kansas office of early
childhood. It shall thereupon be the duty of the licensee to make such HOUSE BILL No. 2045—page 14
changes or alterations as are contained in the written notice within five
days from the receipt of such notice. Notice shall be given in
accordance with the Kansas administrative procedure act.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 25. (a) Any person, firm, corporation or association that
violates this act shall be guilty of a misdemeanor and, upon conviction,
shall be fined not less than $5 but not more than $50. Each and every
day that the person fails or refuses to comply with such provisions shall
be deemed a separate offense under this act. 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 under
section 24, and amendments thereto, upon notice and opportunity for a
hearing in accordance with the Kansas administrative procedure act, the
building or premises where such day care facility is conducted may be
closed until such person has complied with this act.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 26. (a) Upon complaint of any authorized agent of the
director of the Kansas office of early childhood, the county or district
attorney in the appropriate jurisdiction is hereby authorized and
required to file a complaint and prosecute to the final determination all
actions or proceedings against any person under this act.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 27. (a) No person shall knowingly maintain a day care
facility if an employee in this state or in other states or the federal
government:
(1) (A) Has been convicted of a crime that is classified as a person
felony under the Kansas criminal code;
(B) has been convicted of a felony under K.S.A. 2010 Supp. 21-
36a01 through 21-36a17, prior to their transfer, or article 57 of chapter
21 of the Kansas Statutes Annotated, and amendments thereto, or any
felony violation of any provision of the uniform controlled substances
act prior to July 1, 2009;
(C) has been convicted of any act that is described in articles 34,
35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their
repeal, or article 54, 55 or 56 of chapter 21 of the Kansas Statutes
Annotated, and amendments thereto, or K.S.A. 21-6104, 21-6325, 21-
6326, 21-6418 through 21-6422 or 21-6424, and amendments thereto,
or been convicted of an attempt under K.S.A. 21-3301, prior to its
repeal, or K.S.A. 21-5301, and amendments thereto, to commit any
such act or been convicted of conspiracy under K.S.A. 21-3302, prior
to its repeal, or K.S.A. 21-5302, and amendments thereto, to commit
such act, or similar statutes of any other state or the federal
government;
(D) has been convicted of any act that is described in K.S.A. 21-
4301 or 21-4301a, prior to their repeal, or K.S.A. 21-6401, and
amendments thereto, or similar statutes of any other state or the federal
government; or
(E) has been convicted of any act that is described in K.S.A. 21-
3718 or 21-3719, prior to their repeal, or K.S.A. 21-5812, and
amendments thereto, or similar statutes of any other state or the federal
government;
(2) except as provided in subsection (b), has been adjudicated a
juvenile offender because of having committed an act which, if
committed by an adult, would constitute the commission of a felony
and that is a crime against persons, is any act described in articles 34,
35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their
repeal, or article 54, 55 or 56 of chapter 21 of the Kansas Statutes
Annotated, and amendments thereto, or K.S.A. 21-6104, 21-6325, 21-
6326, 21-6418 through 21-6422 or 21-6424, and amendments thereto,
or similar statutes of any other state or the federal government, or is
any act described in K.S.A. 21-4301 or 21-4301a, prior to their repeal,
or K.S.A. 21-6401, and amendments thereto, or similar statutes of any
other state or the federal government;
(3) has been convicted or adjudicated of a crime that requires HOUSE BILL No. 2045—page 15
registration as a sex offender under the Kansas offender registration act,
K.S.A. 22-4901 et seq., and amendments thereto, as a sex offender in
any other state or on the national sex offender registry;
(4) has committed an act of physical, mental or emotional abuse or
neglect or sexual abuse and is listed in the child abuse and neglect
registry maintained by the Kansas department for children and families
pursuant to K.S.A. 38-2226, and amendments thereto, or any similar
child abuse and neglect registries maintained by any other state or the
federal government and:
(A) Has failed to successfully complete a corrective action plan
that has been deemed appropriate and approved by the Kansas
department for children and families or requirements of similar entities
in any other state or the federal government; or
(B) such person's record has not been expunged;
(5) has had a child removed from the home based on a court order
pursuant to K.S.A. 38-2251, and amendments thereto, in this state, or a
court order from any other state based upon a similar statute that finds
the child to be deprived or a child in need of care based on a finding of
physical, mental or emotional abuse or neglect or sexual abuse and the
child has not been returned to the home or the child has reached the age
of majority before being returned to the home and such person has
failed to satisfactorily complete a corrective action plan approved by
the department of health and environment;
(6) has had parental rights terminated pursuant to the revised
Kansas code for care of children, or a similar statute of other states;
(7) has signed a diversion agreement pursuant to K.S.A. 22-2906
et seq., and amendments thereto, or an immediate intervention
agreement pursuant to K.S.A. 38-2346, and amendments thereto,
involving a charge of child abuse or a sexual offense; or
(8) has an infectious or contagious disease.
(b) Notwithstanding the provisions in subsection (a), no person
shall maintain a day care facility if such person has been found to be a
person in need of a guardian or a conservator, or both, as provided in
K.S.A. 59-3050 through 59-3095, and amendments thereto.
(c) Any person who resides in a day care facility and who has
been found to be in need of a guardian or a conservator, or both, shall
be counted in the total number of children allowed in care.
(d) In accordance with this subsection, the director of the Kansas
office of early childhood shall have access to any court orders or
adjudications of any court of record, any records of such orders or
adjudications, criminal history record information, including, but not
limited to, diversion agreements in the possession of the Kansas bureau
of investigation and any report of investigations as authorized by
K.S.A. 38-2226, and amendments thereto, or the Kansas department for
children and families or court of this state concerning employees in a
day care facility. The director shall have access to these records for the
purpose of determining whether or not the home meets the
requirements of this section, K.S.A. 59-2132, and amendments thereto,
and sections 16 and 21, and amendments thereto.
(e) In accordance with this subsection, the director is authorized to
conduct national criminal history record checks to determine criminal
history on employees in a day care facility. In order to conduct a
national criminal history check, the director shall require fingerprinting
for identification and determination of criminal history in accordance
with K.S.A. 22-4714, and amendments thereto.
(f) (1) The director of the Kansas office of early childhood shall
adopt rules and regulations to fix a fee for fingerprinting employees in
a day care facility, as may be required by the Kansas office of early
childhood to reimburse the Kansas office of early childhood for the cost
of the fingerprinting.
(2) The director shall remit all moneys received from the fees
established under this section to the state treasurer in accordance with
K.S.A. 72-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the HOUSE BILL No. 2045—page 16
state treasury to the credit of the day care criminal background and
fingerprinting fund.
(g) The day care criminal background and fingerprinting fund is
hereby created in the state treasury to be administered by the director of
the Kansas office of early childhood. All moneys credited to the day
care criminal background and fingerprinting fund shall be used to pay
local and state law enforcement officers and agencies for the processing
of fingerprints and criminal history background checks for the Kansas
office of early childhood. All expenditures from the day care criminal
background and fingerprinting fund shall be made in accordance with
appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the director or the director's
designee.
(h) The director shall notify the day care applicant or licensee
within seven days by certified mail, with return receipt requested, when
the result of the national criminal history record check or other
appropriate review reveals unfitness specified in subsection (a)(1)
through (a)(8) of the person who is the subject of the review.
(i) No day care facility or the employees thereof shall be liable for
civil damages to any person who is refused employment or discharged
from employment by reason of such facility's compliance with this
section, if such facility acts in good faith to comply with this section.
(j) For the purpose of subsection (a)(3), a person listed in the child
abuse and neglect central registry shall not be prohibited from being an
employee in a day care facility unless such person has:
(1) Had an opportunity to be interviewed and present information
during the investigation of the alleged act of abuse or neglect; and
(2) been given notice of the agency decision and an opportunity to
appeal such decision to the director and to the courts pursuant to the
Kansas judicial review act.
(k) No person shall maintain a day care facility unless such person
is a high school graduate or the equivalent thereof, except that, if
extraordinary circumstances exist, the director of the Kansas office of
early childhood may exercise discretion to make exceptions from this
requirement. This subsection shall not apply to any person who was
maintaining a day care facility on the day immediately prior to July 1,
2010.
(l) This section shall take effect on and after July 1, 2026.
New Sec. 28. (a) The director may limit, modify or suspend any
license or temporary permit issued under sections 15 through 27, and
amendments thereto, upon any of the following grounds and in the
manner provided in this act:
(1) Violation by the licensee or holder of a temporary permit of
any provision of this act, or of the rules and regulations promulgated
under this act;
(2) aiding, abetting or permitting the violation of any provision of
this act or of the rules and regulations promulgated under this act;
(3) conduct in the operation or maintenance, or both the operation
and maintenance, of a day care facility that is inimical to the health,
safety or welfare of any child receiving services from such day care
facility or to the public;
(4) the conviction of a licensee or holder of a temporary permit, at
any time during licensure or during the time that the temporary permit
is in effect, of crimes as defined in section 27, and amendments thereto;
and
(5) a third or subsequent violation by the licensee or holder of a
temporary permit of section 34(b), and amendments thereto.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 29. (a) The director may limit, modify or suspend any
license or temporary permit issued under sections 15 through 27, and
amendments thereto, 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 HOUSE BILL No. 2045—page 17
proceedings under this section shall be conducted in accordance with
the emergency adjudicative proceedings of the Kansas administrative
procedure act and in accordance with other relevant provisions of the
Kansas administrative procedure act.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 30. (a) Records in the possession of the director of early
childhood or such director's agents regarding day care facilities shall
not be released publicly in a manner that would identify individuals,
except that individual names of licensees, applicants, facilities and day
care facilities may be released. Nothing in this section prohibits the
release of any information as required by law.
(b) Records in the possession of the director of early childhood or
such director's agents regarding day care facilities may be released to:
(1) An agency or organization authorized to receive notice under
section 19, and amendments thereto;
(2) any local, state or federal governmental entity or subdivision
thereof;
(3) any child and adult care food program sponsoring agency; or
(4) any disaster or emergency entity.
(c) The director of the Kansas office of early childhood shall
prohibit the release of the name, address and telephone number of a day
care facility if the director determines that prohibition of the release of
the information is necessary to protect the health, safety or welfare of
the public or the children enrolled in the day care facility.
(d) Any records under subsection (a), (b) or (c) shall be available
to any member of the standing committee on appropriations of the
house of representatives or the standing committee on ways and means
of the senate carrying out such member's or committee's official
functions in accordance with K.S.A. 75-4319, and amendments thereto,
in a closed or executive meeting. Except in limited conditions
established by ⅔ of the members of such committee, records received
by the committee shall not be further disclosed. Unauthorized
disclosure may subject such member to discipline or censure from the
house of representatives or senate. Such records shall not identify
individuals but shall include data and contact information concerning
specific facilities.
(e) In any hearings conducted under the licensing or regulation
provisions of this act, the presiding officer may close the hearing to the
public to prevent public disclosure of matters relating to persons
restricted by other laws.
(f) Such records shall be confidential and shall not be subject to
the open records act, K.S.A. 45-215 et seq., and amendments thereto.
This subsection shall expire on July 1, 2031, unless the legislature
reviews and reenacts this provision pursuant to K.S.A. 45-229, and
amendments thereto, prior to July 1, 2031.
(g) This section shall take effect on and after July 1, 2026.
New Sec. 31. (a) The director of the Kansas office of early
childhood, in addition to any other penalty prescribed under this act,
may assess a civil fine, after proper notice and an opportunity to be
heard in accordance with the Kansas administrative procedure act,
against a licensee for each violation of such provisions or rules and
regulations adopted pursuant thereto that affect significantly and
adversely the health, safety or sanitation of children in a day care
facility. Each civil fine assessed under this section shall not exceed
$500. In the case of a continuing violation, every day such violation
continues shall be deemed a separate violation.
(b) All fines assessed and collected under this section shall be
remitted to the state treasurer in accordance with K.S.A. 75-4215, and
amendments thereto. Upon receipt of each such remittance, the state
treasurer shall deposit the entire amount in the state treasury to the
credit of the state general fund.
(c) This section shall take effect on and after July 1, 2026.
New Sec. 32. (a) As used in this section:
(1) "Child" means an individual who is enrolled or attending HOUSE BILL No. 2045—page 18
kindergarten, is less than 18 years of age, is not a volunteer or
employee and is attending a youth development program.
(2) "Premises" means the location, including the building and
adjoining grounds, for which the applicant has a temporary permit or
license to conduct a youth development program.
(3) "Public recreation center" means 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.
(4) "School" means any building used for instruction of students
enrolled in kindergarten or any of the grades one through 12 by a
school district or an accredited nonpublic school.
(5) "School-age program" means a child care facility that serves
exclusively school-age children and youth but does not include a youth
development program.
(6) "Youth development program" means a child care facility
where youth activities are conducted that is not located in an
individual's residence and that serves children who are enrolled in
kindergarten to less than 18 years of age.
(b) No license for a youth development program or school-age
program shall be denied, suspended or revoked on the basis that the
building does not meet the requirements for licensure if the building:
(1) Is a public recreation center or school and is used by school-
age children and youth that are of the same age as children and who are
cared for in a youth development program or school-age program;
(2) complies, during all hours of operation of a youth development
program or school-age 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
(3) except as provided in subsection (c), complies during all hours
of operation of a youth development 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 to schools if the building is
a school.
(c) If the standards that a building is required to comply with
under subsections (b)(2) and (b)(3) are in conflict or are otherwise
inconsistent, then the building standards shall be subject to subsection
(b)(2).
(d) No license for a youth development program or school-age
program that operates in accordance with subsection (b)(1) shall be
denied, suspended or revoked based on an environmental deficiency
and shall be approved or renewed if:
(1) The environmental deficiency does not pose an imminent risk
to children and youth;
(2) the environmental deficiency is outside the applicant's or
licensee's immediate authority to correct; and
(3) the applicant or licensee has notified the public recreation
center or school of the environmental deficiency.
(e) The director is authorized to adopt rules and regulations
applicable to the services provided by youth development programs,
regarding health, safety, supervisory qualifications or training and
premises safety, including modifications of occupancy capacity limits
or group gathering restrictions, consistent with the local or state
building or fire codes.
(f) The director shall consult with youth development programs to
identify and resolve barriers to such programs qualifying as eligible
providers of child care services for which participating families may
receive state or federal child care financial assistance.
(g) The director shall develop and implement pilot programs and
is authorized to adopt modifications to licenses issued pursuant to this
section to provide flexibility to youth development programs to address
the needs of families served.
(h) Whenever drop-in program or words of like effect, are
referred to or designated by any statute, rule or regulation, contract or HOUSE BILL No. 2045—page 19
any other document, such reference or designation shall apply to a
youth development program.
(i) If a licensed youth development program or school age
program operates on or within the premises of a public or private
school that is required to pass a fire safety inspection each school year
pursuant to K.S.A. 31-144(b), and amendments thereto, no additional
fire safety inspection of the licensed youth development program or
school age program shall be required by the director, the state fire
marshal, the fire chief or any local political or taxing subdivision.
(j) This section shall take effect on July 1, 2026.
New Sec. 33. (a) Any license, certificate of registration or
temporary permit that was issued prior to the effective date of this act
and is in effect on the effective date of this act shall continue in effect
until the expiration thereof, unless suspended or revoked prior to such
time.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 34. (a) As used in this section:
(1) "Day care home" means a child care home as defined in
section 16, and amendments thereto, or a group day care home.
(2) "Smoking" means possession of a lighted cigarette, cigar, pipe
or burning tobacco in any other form or device designed for the use of
tobacco.
(b) Smoking is hereby prohibited 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 cared
for as part of the operation of the day care home within the facility or
facilities. Nothing in this subsection shall be construed to prohibit
smoking on the premises of the day care home or outside the facility or
facilities of a day care home, including, but not limited to, porches,
yards or garages.
(c) Each day care license shall contain a statement in bold print
that smoking is prohibited within a room, enclosed area or other
enclosed space of the facility or facilities of the day care home under
the conditions specified in subsection (b). The statement shall be
phrased in substantially the same language as subsection (b). The
license shall be posted in a conspicuous place in the facility or
facilities.
(d) Each day care home shall be equipped with a fire extinguisher
that shall be maintained in an operable condition in a readily accessible
location.
(e) The director of the Kansas office of early childhood may levy a
civil fine against any day care home for a first or second violation of
this section. A third or subsequent violation shall be subject to this act.
(f) In addition to any civil fine that may be levied pursuant to
subsection (e), any day care home that violates any provision of this
section may also be subject to criminal punishment pursuant to K.S.A.
21-6112, and amendments thereto.
(g) This section shall take effect on and after July 1, 2026.
New Sec. 35. (a) Except as otherwise provided, information and
records pertaining to the immunization status of persons against
childhood diseases as required by section 21, and amendments thereto,
may 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:
(1) Employees of public agencies or departments;
(2) health records staff of day care facilities, including, but not
limited to, facilities licensed by the director of the Kansas office of
early childhood;
(3) 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 HOUSE BILL No. 2045—page 20
homes, residential care facilities and adoptive or foster homes; and
(4) healthcare professionals.
(b) Information and records that pertain to the immunization status
of persons against childhood diseases as required by section 21, and
amendments thereto, whose parent or guardian has submitted a written
statement of sincerely held religious beliefs regarding immunization as
provided in section 21, and amendments thereto, shall not be disclosed
or exchanged without a parent's or guardian's written release
authorizing such disclosure.
(c) This section shall take effect on and after July 1, 2026.
New Sec. 36. (a) The director of the Kansas office of early
childhood shall establish or cause to be established an online
information dissemination system that is accessible to the public,
including names of licensees, applicants and history of citations and
substantiated findings. The director shall adopt rules and regulations
that are consistent with the requirements for the receipt of child care
ARRA funds and provide for the establishment of an online
information dissemination system in accordance with this subsection.
(b) This section shall take effect on and after July 1, 2026.
Sec. 37. K.S.A. 38-1901 is hereby amended to read as follows: 38-
1901. On and after the effective date of this act July 1, 2025:
(a) (1) The advisory committee on children and families is hereby
redesignated and shall be known and referred to as the Kansas
children's cabinet.
(2) The Kansas children's cabinet shall be within the Kansas
office of early childhood.
(b) (1) The Kansas children's cabinet shall consist of 15 18
members as follows:
(1)(A) The director of the Kansas office of early childhood;
(B) The secretary of health and environment, or the secretary's
designee;
(2)(C) the secretary for children and families, or the secretary's
designee;
(3)(D) a member of the state board of regents selected by the state
board of regents, or such member's designee;
(4)(E) the commissioner of education, or the commissioner's
designee;
(5)(F) the commissioner of juvenile justice secretary of
corrections, or the commissioner's secretary's designee;
(6)(G) a member of the Kansas supreme court selected by the
Kansas supreme court, or such member's designee;
(7)(H) five members of the public appointed by the governor who
are interested in and knowledgeable about the needs of children and
families shall be appointed by the governor, which and who, subject to
the provisions of subsection (e), may include persons who are
children's advocates, members of organizations with experience in
programs that benefit children or other individuals who have
experience with children's programs and services;
(8)(I) one person legislative member appointed by the speaker of
the house of representatives;
(9)(J) one legislative member appointed by the majority leader of
the house of representatives;
(K) one person legislative member appointed by the minority
leader of the house of representatives;
(10)(L) one person legislative member appointed by the president
of the senate; and
(11)(M) one legislative member appointed by the majority leader
of the senate; and
(N) one person legislative member appointed by the minority
leader of the senate.
(2) The members designated by clauses (1), (2), (3), (4), (5) and
(6) of this subsection subparagraphs (1)(A) through (1)(G) shall be
nonvoting members of the Kansas children's cabinet. All other
members shall be voting members. HOUSE BILL No. 2045—page 21
(c) (1) Except as provided in paragraph (2) of this subsection, the
members of the Kansas children's cabinet appointed by the governor,
speaker, president and minority leaders shall serve for terms of four
years and until their successors are appointed and qualified. The
governor voting members shall appoint a chairperson of the committee
cabinet from among the voting members appointed by the governor.
The chairperson shall serve in such office throughout such member's
current term of office and until a successor is appointed and qualified.
The members of the Kansas children's cabinet may elect any additional
officers from among its members necessary to carry out the duties and
functions of the Kansas children's cabinet.
(2) Of the members first appointed by the governor, two shall be
appointed for terms of two years, two shall be appointed for terms of
three years and the member selected by the governor to be the
chairperson shall be appointed for a term of four years. The member
first appointed by the speaker of the house of representatives shall be
appointed for a term of one year, the member first appointed by the
minority leader of the house of representatives shall be appointed for a
term of two years, the member first appointed by the president of the
senate shall be appointed for a term of three years and the member first
appointed by the minority leader of the senate shall be appointed for a
term of four years. The governor shall designate the term for which
each of the members first appointed by the governor shall serveEach
voting member shall serve at the pleasure of such voting member's
appointing authority.
(3) All members appointed to fill vacancies in the membership of
the Kansas children's cabinet and all members appointed to succeed
members appointed to membership on the Kansas children's cabinet
shall be appointed in like manner as that provided for the original
appointment of the member succeeded. All members appointed to fill
vacancies of a member of the Kansas children's cabinet appointed by
the governor, the speaker of the house of representatives, the minority
leader of the house of representatives, the president of the senate or the
minority leader of the senate shall be appointed to fill the unexpired
term of such member.
(d) Not more than three members of the Kansas children's cabinet
appointed by the governor under subsection (b)(7) (b)(1)(H) shall be
members of the same political party.
(e) (1) No person shall serve on the Kansas children's cabinet if
such person has knowingly acquired a substantial interest in any
business. Any such person who knowingly acquires such an interest
shall vacate such member's position on the Kansas children's cabinet.
(2) For purposes ofAs used in this subsection,:
(A) "Substantial interest" means any of the following:
(A)(i) If an individual or an individual's spouse, either individually
or collectively, has owned within the preceding 12 months a legal or
equitable interest exceeding $5,000 or 5% of any business, whichever
is less, the individual has a substantial interest in that business.
(B)(ii) If an individual or an individual's spouse, either
individually or collectively, has received during the preceding calendar
year compensation which that is or will be required to be included as
taxable income on federal income tax returns of the individual and
spouse in an aggregate amount of $2,000 from any business or
combination of businesses, the individual has a substantial interest in
that business or combination of businesses.
(C)(iii) If an individual or an individual's spouse holds the position
of officer, director, associate, partner or proprietor of any business, the
individual has a substantial interest in that the business, irrespective of
that amount of compensation received by the individual or the
individual's spouse.
(D)(iv) If an individual or an individual's spouse receives
compensation which that is a portion or percentage of each separate fee
or commission paid to a business or combination of businesses, the
individual has a substantial interest in any client or customer who pays HOUSE BILL No. 2045—page 22
fees or commissions to the business or combination of businesses from
which fees or commissions the individual or the individual's spouse,
either individually or collectively, received an aggregate of $2,000 or
more in the preceding calendar year.
(3) As used in this subsection, (B) "Client or customer" means a
business or combination of businesses.
(4) As used in this subsection, (C) "Business" means any entity
which that is eligible to receive funds from the children's initiatives
fund, as provided in K.S.A. 38-2102, and amendments thereto, from the
children's initiatives accountability fund, established by K.S.A. 38-
2103, and amendments thereto, or from the family and children trust
account of the family and children investment fund, as provided in
K.S.A. 38-1808, and amendments thereto.
(f) The Kansas children's cabinet shall meet upon the call of the
chairperson as necessary to carry out the duties and functions of the
Kansas children's cabinet. A quorum of the Kansas children's cabinet
shall be five voting members.
(g) The Kansas children's cabinet shall have and perform the
following functions:
(1) Assist the governor and the director of the Kansas office of
early childhood in developing and implementing a coordinated,
comprehensive service delivery system to serve the children and
families of Kansas;
(2) identify barriers to service and gaps in service due to strict
definitions of boundaries between departments and agencies;
(3) facilitate interagency and interdepartmental cooperation
toward the common goal of serving children and families;
(4) investigate and identify methodologies for the combining of
funds across departmental boundaries to better serve children and
families;
(5) propose actions needed to achieve coordination of funding and
services across departmental lines;
(6) encourage and facilitate joint planning and coordination
between the public and private sectors to better serve the needs of
children and families; and
(7) perform the duties and functions prescribed by K.S.A. 38-
2103, and amendments thereto; and
(8) review each individual application submitted to the cabinet for
any grant funding opportunities and allocate and administer such
grants upon direction by the director of the Kansas office of early
childhood.
(h) Members of the Kansas children's cabinet shall not be paid
compensation, but shall receive subsistence allowances, mileage and
other expenses as provided by K.S.A. 75-3223, and amendments
thereto. The subsistence allowances, mileage and other expenses as
provided in K.S.A. 75-3223, and amendments thereto, shall be paid
from available appropriations of the Kansas department for children
and families Kansas office of early childhood, except that expenses of
members who are employed by a state agency shall be reimbursed by
that state agency.
(i) On the effective date of this act, the advisory committee on
children and families is hereby abolished and all powers, duties,
functions, records and other property of the advisory committee on
children and families are hereby transferred to the Kansas children's
cabinet created by this section. Except as otherwise specifically
provided by this act, the Kansas children's cabinet shall be a
continuation of the advisory committee on children and families as it
existed prior to the effective date of this act.
Sec. 38. K.S.A. 38-2103 is hereby amended to read as follows: 38-
2103. (a) The Kansas children's cabinet established by K.S.A. 38-1901,
and amendments thereto, shall advise the governor and, the legislature
and the director of the Kansas office of early childhood regarding the
uses of the moneys credited to the children's initiatives fund.
(b) Use of such funds shall be subject to appropriations made by HOUSE BILL No. 2045—page 23
the legislature.
(c) The Kansas children's cabinet shall review, assess and evaluate
all uses of the moneys in the children's initiatives fund. The Kansas
children's cabinet shall study and shall initiate studies, assessments and
evaluations, by contract or otherwise, through institutions of higher
education and other appropriate research entities to identify best
practices and to measure and otherwise determine the efficiency and
efficacy of practices that are utilized in programs, projects,
improvements, services and other purposes for which moneys are
allocated or appropriated from the children's initiatives fund. The costs
of such reviews, assessments and evaluations shall be paid from the
children's initiatives accountability fund.
(c)(d) There shall be conducted performance audits and other audit
work by the legislative post auditor upon request by the Kansas
children's cabinet and as directed by the legislative post audit
committee in accordance with the provisions of the legislative post
audit act. The purpose of such performance audits and other audit work
shall be to provide interested parties with the program evaluation and
research needed to make informed decisions for the uses of moneys
credited to the children's initiatives fund. The auditor to conduct such
performance audit or other audit work shall be specified in accordance
with K.S.A. 46-1122, and amendments thereto, and if the legislative
post audit committee specifies under such statute that a firm, as defined
by K.S.A. 46-1112, and amendments thereto, is to perform all or part of
the audit work of such audit, such firm shall be selected and shall
perform such audit work as provided in K.S.A. 46-1123, and
amendments thereto, and K.S.A. 46-1125 through 46-1127, and
amendments thereto. The audit work required pursuant to this
subsection shall be conducted in accordance with generally accepted
governmental auditing standards. The post auditor shall compute the
reasonably anticipated cost of the audit work performed by a firm for
such performance audit or other audit work pursuant to this subsection,
subject to review and approval by the contract audit committee
established by K.S.A. 46-1120, and amendments thereto, and the
Kansas children's cabinet shall pay such cost from the children's
initiatives accountability fund. If all or part of the audit work for such
performance audit or other audit work is performed by the division of
post audit and the division of post audit incurs costs in addition to those
attributable to the operations of the division of post audit in the
performance of other duties and responsibilities, the post auditor shall
charge the Kansas children's cabinet for such additional costs and the
Kansas children's cabinet shall pay such charges from the children's
initiatives accountability fund. The payment of any such costs and any
such charges shall be a transaction between the division of post audit
and the Kansas children's cabinet and such transaction shall be settled
in accordance with the provisions of K.S.A. 75-5516, and amendments
thereto. All moneys received by the division of post audit for such costs
and charges shall be credited to the audit services fund.
(d)(e) There is hereby established in the state treasury the
children's initiatives accountability fund within the Kansas office of
early childhood, which shall be administered in accordance with this
section and the provisions of appropriation acts. The governor shall
recommend and the legislature shall provide for moneys to be credited
annually to the children's initiatives accountability fund by transfers or
other provisions of appropriation acts.
(e)(f) All moneys credited to the children's initiatives
accountability fund shall be used for the purposes of providing funding
for assessment and evaluation of programs, projects, improvements,
services and other purposes for which moneys are allocated or
appropriated from the children's initiatives fund. All expenditures from
the children's initiatives accountability fund shall be made in
accordance with appropriation acts upon warrants of the director of
accounts and reports issued pursuant to vouchers approved in the
manner prescribed by law. HOUSE BILL No. 2045—page 24
(f)(g) On or before the 10
th
day of each month, the director of
accounts and reports shall transfer from the state general fund to the
Kansas endowment for youth fund interest earnings based on the:
(1) The Average daily balance of moneys in the children's
initiatives accountability fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio
for the preceding month.
Sec. 39. K.S.A. 2024 Supp. 48-3406 is hereby amended to read as
follows: 48-3406. (a) For the purposes of this section:
(1) "Applicant" means an individual who is:
(A) A military spouse or military servicemember who resides or
plans to reside in this state due to the assigned military station of the
individual or the individual's spouse; or
(B) an individual who has established or intends to establish
residency in this state.
(2) "Complete application" means the licensing body has received
all forms, fees, documentation, a signed affidavit stating that the
application information, including necessary prior employment history,
is true and accurate and any other information required or requested by
the licensing body for the purpose of evaluating the application,
consistent with this section and the rules and regulations adopted by the
licensing body pursuant to this section. If the licensing body has
received all such forms, fees, documentation and any other information
required or requested by the licensing body, an application shall be
deemed to be a complete application even if the licensing body has not
yet received a criminal background report from the Kansas bureau of
investigation. An application by a military spouse of an active military
servicemember shall be considered a "complete application" without
the submission of fees, pursuant to the provisions of subsection (u).
(3) "Electronic credential" or "electronic certification, license or
registration" means an electronic method by which a person may
display or transmit to another person information that verifies the status
of a person's certification, licensure, registration or permit as authorized
by a licensing body and is equivalent to a paper-based certification,
license, registration or permit.
(4) "Licensing body" means an official, agency, board or other
entity of the state that authorizes individuals to practice a profession in
this state and issues a license, registration, certificate, permit or other
authorization to an individual so authorized.
(5) "Military servicemember" means a current member of any
branch of the United States armed services, United States military
reserves or national guard of any state or a former member with an
honorable discharge.
(6) "Military spouse" means the spouse of a military
servicemember.
(7) "Person" means a natural person.
(8) "Private certification" means a voluntary program in which a
private organization grants nontransferable recognition to an individual
who meets personal qualifications and standards relevant to performing
the occupation as determined by the private organization.
(9) "Scope of practice" means the procedures, actions, processes
and work that a person may perform under a government issued
license, registration or certification.
(10) "Verification system" means an electronic method by which
the authenticity and validity of electronic credentials are verified.
(b) Notwithstanding any other provision of law, any licensing
body shall, upon submission of a complete application, issue a paper-
based and verified electronic license, registration or certification to an
applicant as provided by this section, so that the applicant may lawfully
practice the person's occupation. Any licensing body may satisfy any
requirement under this section to provide a paper-based license,
registration, certification or permit in addition to an electronic license,
registration, certification or permit by issuing such electronic credential
to the applicant in a format that permits the applicant to print a paper HOUSE BILL No. 2045—page 25
copy of such electronic credential. Such paper copy shall be considered
a valid license, registration, certification or permit for all purposes.
(c) An applicant who holds a valid current license, registration or
certification in another state, district or territory of the United States
shall receive a paper-based and verified electronic license, registration
or certification:
(1) If the applicant qualifies under the applicable Kansas
licensure, registration or certification by endorsement, reinstatement or
reciprocity statutes, then pursuant to applicable licensure, registration
or certification by endorsement, reinstatement or reciprocity statutes of
the licensing body of this state for the license, registration or
certification within 15 days from the date a complete application was
submitted if the applicant is a military servicemember or military
spouse or within 45 days from the date a complete application was
submitted for all other applicants; or
(2) if the applicant does not qualify under the applicable licensure,
registration or certification by endorsement, reinstatement or
reciprocity statutes of the licensing body of this state, or if the Kansas
professional practice act does not have licensure, registration or
certification by endorsement, reinstatement or reciprocity statutes, then
the applicant shall receive a license, registration or certification as
provided herein if, at the time of application, the applicant:
(A) Holds a valid current license, registration or certification in
another state, district or territory of the United States with licensure,
registration or certification requirements that the licensing body
determines authorize a similar scope of practice as those established by
the licensing body of this state, or holds a certification issued by
another state for practicing the occupation but this state requires an
occupational license, and the licensing body of this state determines
that the certification requirements certify a similar scope of practice as
the licensing requirements established by the licensing body of this
state;
(B) has worked for at least one year in the occupation for which
the license, certification or registration is sought;
(C) has not committed an act in any jurisdiction that would have
constituted grounds for the limitation, suspension or revocation of the
license, certificate or registration, or that the applicant has never been
censured or had other disciplinary action taken or had an application for
licensure, registration or certification denied or refused to practice an
occupation for which the applicant seeks licensure, registration or
certification;
(D) has not been disciplined by a licensing, registering, certifying
or other credentialing entity in another jurisdiction and is not the
subject of an unresolved complaint, review procedure or disciplinary
proceeding conducted by a licensing, registering, certifying or other
credentialing entity in another jurisdiction nor has surrendered their
membership on any professional staff in any professional association or
society or faculty for another state or jurisdiction while under
investigation or to avoid adverse action for acts or conduct similar to
acts or conduct that would constitute grounds for disciplinary action in
a Kansas practice act;
(E) does not have a disqualifying criminal record as determined by
the licensing body of this state under Kansas law;
(F) provides proof of solvency, financial standing, bonding or
insurance if required by the licensing body of this state, but only to the
same extent as required of any applicant with similar credentials or
experience;
(G) pays any fees required by the licensing body of this state; and
(H) submits with the application a signed affidavit stating that the
application information, including necessary prior employment history,
is true and accurate.
Upon receiving a complete application and the provisions of
subsection (c)(2) apply and have been met by the applicant, the
licensing body shall issue the license, registration or certification within HOUSE BILL No. 2045—page 26
15 days from the date a complete application was submitted by a
military servicemember or military spouse, or within 45 days from the
date a complete application was submitted by an applicant who is not a
military servicemember or military spouse, to the applicant on a
probationary basis, but may revoke the license, registration or
certification at any time if the information provided in the application is
found to be false. The probationary period shall not exceed six months.
Upon completion of the probationary period, the license, certification
or registration shall become a non-probationary license, certification or
registration.
(d) Any applicant who has not been in the active practice of the
occupation during the two years preceding the application for which the
applicant seeks a license, registration or certification under subsection
(c)(2) may be required to complete such additional testing, training,
monitoring or continuing education as the Kansas licensing body may
deem necessary to establish the applicant's present ability to practice in
a manner that protects the health and safety of the public, as provided
by subsection (j).
(e) Upon submission of a complete application, an applicant may
receive an occupational license, registration or certification based on
the applicant's work experience in another state, if the applicant:
(1) Worked in a state that does not use an occupational license,
registration, certification or private certification to regulate an
occupation, but this state uses an occupational license, registration or
certification to regulate the occupation;
(2) worked for at least three years in the occupation during the
four years immediately preceding the application; and
(3) satisfies the requirements of subsection (c)(2)(C) through (H).
(f) Upon submission of a complete application, an applicant may
receive an occupational license, registration or certification under
subsection (b) based on the applicant's holding of a private certification
and work experience in another state, if the applicant:
(1) Holds a private certification and worked in a state that does not
use an occupational license or government certification to regulate an
occupation, but this state uses an occupational license or government
certification to regulate the occupation;
(2) worked for at least two years in the occupation;
(3) holds a current and valid private certification in the
occupation;
(4) is held in good standing by the organization that issued the
private certification; and
(5) satisfies the requirements of subsection (c)(2)(C) through (H).
(g) An applicant licensed, registered or certified under this section
shall be entitled to the same rights and subject to the same obligations
as are provided by the licensing body for Kansas residents, except that
revocation or suspension of an applicant's license, registration or
certificate in the applicant's state of residence or any jurisdiction in
which the applicant held a license, registration or certificate shall
automatically cause the same revocation or suspension of such
applicant's license, registration or certificate in Kansas. No hearing
shall be granted to an applicant where such applicant's license,
registration or certificate is subject to such automatic revocation or
suspension, except for the purpose of establishing the fact of revocation
or suspension of the applicant's license, registration or certificate by the
applicant's state of residence or jurisdiction in which the applicant held
a license, registration or certificate.
(h) In the event the licensing body determines that the license,
registration or certificate currently held by an applicant under
subsection (c)(2) or the work experience or private credential held by
an applicant under subsections (e) or (f), who is a military spouse or
military servicemember does not authorize a similar scope of practice
as the license, registration or certification issued by the licensing body
of this state, the licensing body shall issue a temporary permit for a
limited period of time to allow the applicant to lawfully practice the HOUSE BILL No. 2045—page 27
applicant's occupation while completing any specific requirements that
are required in this state for licensure, registration or certification that
were not required in the state, district or territory of the United States in
which the applicant was licensed, registered, certified or otherwise
credentialed, unless the licensing body finds, based on specific
grounds, that issuing a temporary permit would jeopardize the health
and safety of the public.
(i) In the event the licensing body determines that the license,
registration or certification currently held by an applicant under
subsection (c)(2) or the work experience or private credential held by
an applicant under subsections (e) or (f), who is not a military spouse or
military servicemember, does not authorize a similar scope of practice
as the license, registration or certification issued by the licensing body
of this state, the licensing body may issue a temporary permit for a
limited period of time to allow the applicant to lawfully practice the
applicant's occupation while completing any specific requirements that
are required in this state for licensure, registration or certification that
was not required in the state, district or territory of the United States in
which the applicant was licensed, registered, certified or otherwise
credentialed, unless the licensing body finds, based on specific
grounds, that issuing a temporary permit would jeopardize the health
and safety of the public.
(j) Any testing, continuing education or training requirements
administered under subsection (d), (h) or (i) shall be limited to Kansas
law that regulates the occupation and that are materially different from
or additional to the law of another state, or shall be limited to any
materially different or additional body of knowledge or skill required
for the occupational license, registration or certification in Kansas.
(k) A licensing body may grant licensure, registration, certification
or a temporary permit to any person who meets the requirements under
this section but was separated from such military service under less
than honorable conditions or with a general discharge under honorable
conditions.
(l) Nothing in this section shall be construed to apply in conflict
with or in a manner inconsistent with federal law or a multistate
compact, or a rule or regulation or a reciprocal or other applicable
statutory provision that would allow an applicant to receive a license.
Nothing in this section shall be construed as prohibiting a licensing
body from denying any application for licensure, registration or
certification, or declining to grant a temporary or probationary license,
if the licensing body determines that granting the application may
jeopardize the health and safety of the public.
(m) Nothing in this section shall be construed to be in conflict
with any applicable Kansas statute defining the scope of practice of an
occupation. The scope of practice as provided by Kansas law shall
apply to applicants under this section.
(n) Notwithstanding any other provision of law, during a state of
emergency declared by the legislature, a licensing body may grant a
temporary emergency license to practice any profession licensed,
certified, registered or regulated by the licensing body to an applicant
whose qualifications the licensing body determines to be sufficient to
protect health and safety of the public and may prohibit any unlicensed
person from practicing any profession licensed, certified, registered or
regulated by the licensing body.
(o) Not later than January 1, 2025, Licensing bodies shall provide
paper-based and verified electronic credentials to persons regulated by
the licensing body. A licensing body may prescribe the format or
requirements of the electronic credential to be used by the licensing
body. Any statutory or regulatory requirement to display, post or
produce a credential issued by a licensing body may be satisfied by the
proffer of an electronic credential authorized by the licensing body. A
licensing body may use a third-party electronic credential system that is
not maintained by the licensing body.
(p) On or before January 1, 2025, and Subject to appropriations HOUSE BILL No. 2045—page 28
therefore therefor, the secretary of administration shall develop and
implement a uniform or singular license verification portal for the
purpose of verifying or reporting license statuses such as credentials
issued, renewed, revoked or suspended by licensing bodies or that have
expired or otherwise changed in status. The secretary of administration
may utilize the services or facilities of a third party for the central
electronic record system. The central electronic record system shall
comply with the requirements adopted by the information technology
executive council pursuant to K.S.A. 75-7203, and amendments
thereto. Beginning January 1, 2025, Each licensing body shall be able
to integrate with the uniform or singular license verification portal in
the manner and format required by the secretary of administration
indicating any issuance, renewal, revocation, suspension, expiration or
other change in status of an electronic credential that has occurred. No
charge for the establishment or maintenance of the uniform or singular
license verification portal shall be imposed on any licensing body or
any person with a license, registration, certification or permit issued by
a licensing body. The centralized electronic credential data
management systems shall include an instantaneous verification system
that is operated by the licensing body's respective secretary, or the
secretary's designee, or the secretary's third-party agent on behalf of the
licensing body for the purpose of instantly verifying the authenticity
and validity of electronic credentials issued by the licensing body.
Centralized electronic credential data management systems shall
maintain an auditable record of credentials issued by each licensing
body.
(q) Nothing in this section shall be construed as prohibiting or
preventing a licensing body from developing, operating, maintaining or
using a separate electronic credential system of the licensing body or of
a third party in addition to making the reports to the central electronic
record system required by subsection (p) or participating in a multistate
compact or a reciprocal licensure, registration or certification process
as long as the separate electronic credential system of the licensing
body integrates with the uniform or singular license verification portal.
(r) Each licensing body shall adopt rules and regulations necessary
to implement and carry out the provisions of this section.
(s) This section shall not apply to the practice of law or the
regulation of attorneys pursuant to K.S.A. 7-103, and amendments
thereto, or to the certification of law enforcement officers pursuant to
the Kansas law enforcement training act, K.S.A. 74-5601 et seq., and
amendments thereto.
(t) The state board of healing arts and the state board of technical
professions, with respect to an applicant who is seeking a license to
practice professional engineering or engage in the practice of
engineering, as defined in K.S.A. 74-7003, and amendments thereto,
may deny an application for licensure, registration or certification, or
decline to grant a temporary or probationary license, if the board
determines the applicant's qualifications are not substantially equivalent
to those established by the board. Such boards shall not otherwise be
exempt from the provisions of this act.
(u) Notwithstanding any other provision of law to the contrary,
applicants who are military spouses of active military service members
shall be exempt from all fees assessed by any licensing body to obtain
an occupational credential in Kansas and renew such credential
including initial or renewal application, licensing, registration,
certification, endorsement, reciprocity or permit fees and any criminal
background report fees, whether assessed by the licensing body or
another agency. Licensing bodies shall adopt rules and regulations to
implement the provisions of this subsection.
(v) This section shall apply to all licensing bodies not excluded
under subsection (s), including, but not limited to:
(1) The abstracters' board of examiners;
(2) the board of accountancy;
(3) the board of adult care home administrators; HOUSE BILL No. 2045—page 29
(4) the secretary for aging and disability services, with respect to
K.S.A. 65-5901 et seq. and 65-6503 et seq., and amendments thereto;
(5) the Kansas board of barbering;
(6) the behavioral sciences regulatory board;
(7) the Kansas state board of cosmetology;
(8) the Kansas dental board;
(9) the state board of education;
(10) the Kansas board of examiners in fitting and dispensing of
hearing instruments;
(11) the board of examiners in optometry;
(12) the state board of healing arts, as provided by subsection (t);
(13) the secretary department of health and environment, with
respect to K.S.A. 82a-1201 et seq., and amendments thereto;
(14) the department of health and environment, with respect to
child care facility licensure pursuant to article 5 of chapter 65 of the
Kansas Statutes Annotated, and amendments thereto, on or before June
30, 2026;
(15) the Kansas office of early childhood, on and after July 1,
2026;
(16) the commissioner of insurance, with respect to K.S.A. 40-241
and 40-4901 et seq., and amendments thereto;
(15)(17) the state board of mortuary arts;
(16)(18) the board of nursing;
(17)(19) the state board of pharmacy;
(18)(20) the Kansas real estate commission;
(19)(21) the real estate appraisal board;
(20)(22) the state board of technical professions, as provided by
subsection (t); and
(21)(23) the state board of veterinary examiners.
(w) All proceedings pursuant to this section shall be conducted in
accordance with the provisions of the Kansas administrative procedure
act and shall be reviewable in accordance with the Kansas judicial
review act.
(x) (1) Commencing on July 1, 2021, and each year thereafter,
Each licensing body listed in subsection (u)(1) (v)(1) through (21) (22)
shall provide a report for the period of July 1 through June 30 to the
director of legislative research by August 31 of each year, providing
information requested by the director of legislative research to fulfill
the requirements of this subsection. The director of legislative research
shall develop the report format, prepare an analysis of the reports and
submit and present the analysis to the office of the governor, the house
of representatives committee on commerce, labor and economic
development of the house of representatives or any successor
committee thereof, the senate committee on commerce of the senate or
any successor committee thereof, the house of representatives
committee on appropriations of the house of representatives or any
successor committee thereof and the senate committee on ways and
means of the senate or any successor committee thereof by January 15
of the succeeding year. The director's report may provide any analysis
the director deems useful and shall provide the following items,
detailed by applicant type, including military servicemember, military
spouse and non-military individual:
(1)(A) The number of applications received under the provisions
of this section;
(2)(B) the number of applications granted under this section;
(3)(C) the number of applications denied under this section;
(4)(D) the average time between receipt of the application and
completion of the application;
(5)(E) the average time between receipt of a complete application
and issuance of a license, certification or registration; and
(6)(F) identification of applications submitted under this section
where the issuance of credentials or another determination by the
licensing body was not made within the time limitations pursuant to
this section and the reasons for the failure to meet such time limitations. HOUSE BILL No. 2045—page 30
(2) All information shall be provided by the licensing body to the
director of legislative research in a manner that maintains the
confidentiality of all applicants and in aggregate form that does not
permit identification of individual applicants.
Sec. 40. K.S.A. 65-501 is hereby amended to read as follows: 65-
501. (a) It shall be unlawful for any person, firm, corporation or
association to conduct or maintain a maternity center or a child care
facility for children under 16 years of age without having a license or
temporary permit therefor from the secretary of health and
environment. Nothing in this act shall apply to:
(a)(1) A residential facility or hospital that is operated and
maintained by a state agency as defined in K.S.A. 75-3701, and
amendments thereto; or
(b)(2) a summer instructional camp that:
(1) Is operated by a Kansas educational institution as defined in
K.S.A. 74-32,120, and amendments thereto, or a postsecondary
educational institution as defined in K.S.A. 74-3201b, and amendments
thereto;
(2) is operated for not more than five weeks;
(3) provides instruction to children, all of whom are 10 years of
age and older; and
(4) is accredited by an agency or organization acceptable to the
secretary of health and environment is provided by a not-for-profit,
school, verifiable nonpublic school or an employee of such school; or
(3) a person or group of persons providing educational activities
for children ages pre-K through high school to such persons' children.
(b) Organizations or persons providing services defined as a day
care in K.S.A. 65-503, and amendments thereto, and not included in
this section may apply for and be granted a waiver as allowed under
this act.
Sec. 41. K.S.A. 2024 Supp. 65-503 is hereby amended to read as
follows: 65-503. As used in this act:
(a) "Child placement agency" means a business or service
conducted, maintained or operated by a person engaged in finding
homes for children by placing or arranging for the placement of such
children for adoption or foster care.
(b) "Child care resource and referral agency" means a business or
service conducted, maintained or operated by a person engaged in
providing resource and referral services, including information of
specific services provided by child care facilities, to assist parents to
find child care. "Act" means article 5 of chapter 65 of the Kansas
Statutes Annotated, and amendments thereto.
(b) "Assistant teacher" means a staff member of a child care
center and is responsible for assisting the lead teacher in the care of
children.
(c) "Boarding school" means a facility that provides 24-hour care
to school age children, provides education as its primary function and
is accredited by an accrediting agency acceptable to the secretary of
health and environment.
(d) "Child care center" means a facility that meets child care
center regulations and provides care and educational activities for
children.
(e) "Child care facility" means:
(1) A facility maintained by a person who has control or custody
of one or 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 excluding children in the custody of the
secretary for children and families who are placed with a prospective
adoptive family pursuant to the provisions of an adoptive placement
agreement or who are related to the person by blood, marriage or legal
adoption;
(2) a children's home, orphanage, maternity home, day care
facility or other facility of a type determined by that the secretary
determines to require regulation under the provisions of this act; HOUSE BILL No. 2045—page 31
(3) a child placement agency or child care resource and referral
agency, or a facility maintained by such an agency for the purpose of
caring for children under 16 years of age; or
(4) 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.
(5) On and after July 1, 2026, "child care facility" does not
include day care facility or child resource and referral agency.
(d)(f) "Child care home" means the premises where care is
provided for children at a residence.
(g) "Child care resource and referral agency" means a business or
service conducted, maintained or operated by a person engaged in
providing resource and referral services, including information of
specific services provided by child care facilities, to assist parents to
find child care.
(h) "Child placement agency" means a business or service
conducted, maintained or operated by a person engaged in finding
homes for children by placing or arranging for the placement of such
children for adoption or foster care.
(i) (1) "Day care facility" means a child care facility that includes
a day care home, preschool, child care center, school-age program or
other facility of a type determined by the secretary to require regulation
under the provisions of K.S.A. 65-501 et seq., and amendments thereto.
(2) "Day care facility" does not include a youth development
program.
(3) On and after July 1, 2026, this subsection shall expire.
(e)(j) "Employee" means a person working, regularly volunteering
or residing in a child care facility.
(k) "Infant" means a child who is between two weeks and 12
months of age or a child older than 12 months who has not yet learned
to walk.
(l) "Lead teacher" means an individual who meets the
requirements of section 1, and amendments thereto, and can
independently staff any unit in a child care center.
(m) "Licensure year" means the period of time beginning on the
effective date and ending on the expiration date of a license.
(n) "Maternity center" means a facility that provides delivery
services for normal, uncomplicated pregnancies but does not include a
medical care facility as defined by K.S.A. 65-425, and amendments
thereto.
(o) "Person" means any individual, association, partnership,
corporation, government, governmental subdivision or other entity.
(f) "Boarding school" means a facility which provides 24-hour
care to school age children, provides education as its primary function,
and is accredited by an accrediting agency acceptable to the secretary
of health and environment.
(g) "Maternity center" means a facility which provides delivery
services for normal, uncomplicated pregnancies but does not include a
medical care facility as defined by K.S.A. 65-425, and amendments
thereto.
(h) "Employee" means a person working, regularly volunteering
or residing in a child care facility.
(p) "Program director" means the staff member of a 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.
(q) "Religious beliefs" means the same as defined in K.S.A. 44-
663, and amendments thereto.
(r) "School-age" means a child who will be at least six years of
age on or before the first day of September of any school year but is
under 16 years of age.
(s) "Unit" means the number of children who may be present in
one group in a child care center. HOUSE BILL No. 2045—page 32
(t) "Youth development program" means the same as defined in
K.S.A. 65-527, and amendments thereto.
Sec. 42. On and after July 1, 2026, K.S.A. 65-504 is hereby
amended to read as follows: 65-504. (a) The secretary of health and
environment shall have the power to grant a license to a person to
maintain a maternity center or child care facility for children under 16
years of age. A license granted to maintain a maternity center or child
care facility shall state the name of the licensee, describe the particular
premises in or at which the business shall be carried on, whether it shall
receive and care for women or children, and the number of women or
children that may be treated, maintained, boarded or cared for at any
one time. No greater number of women or children than is authorized in
the license shall be kept on those premises and the business shall not be
carried on in a building or place not designated in the license. The
license shall be kept posted in a conspicuous place on the premises
where the business is conducted. A license granted to maintain a day
care facility shall have on its face an expiration sticker stating the date
of expiration of the license.
The secretary of health and environment shall grant no license in
any case until careful inspection of the maternity center or child care
facility shall have been made according to the terms of this act and until
such maternity center or child care facility has complied with all the
requirements of this act. Except as provided by this subsection, no
license shall be granted without the approval of the secretary for
children and families. The secretary of health and environment may
issue, without the approval of the secretary for children and families, a
temporary permit to operate for a period not to exceed 90 days upon
receipt of an initial application for license. The secretary of health and
environment may extend, without the approval of the secretary for
children and families, the temporary permit to operate for an additional
period not to exceed 90 days if an applicant is not in full compliance
with the requirements of this act but has made efforts towards full
compliance.
(b) (1) In all cases where the secretary for children and families
deems it necessary, an investigation of the maternity center or child
care facility shall be made under the supervision of the secretary for
children and families or other designated qualified agents. For that
purpose and for any subsequent investigations they shall have the right
of entry and access to the premises of the center or facility and to any
information deemed necessary to the completion of the investigation. In
all cases where an investigation is made, a report of the investigation of
such center or facility shall be filed with the secretary of health and
environment.
(2) In cases where neither approval or disapproval can be given
within a period of 30 days following formal request for such a study,
the secretary of health and environment may issue a temporary license
without fee pending final approval or disapproval of the center or
facility.
(c) Whenever the secretary of health and environment refuses to
grant a license to an applicant, the secretary shall issue an order to that
effect stating the reasons for such denial and within five days after the
issuance of such order shall notify the applicant of the refusal. Upon
application not more than 15 days after the date of its issuance a
hearing on the order shall be held in accordance with the provisions of
the Kansas administrative procedure act.
(d) When the secretary of health and environment finds upon
investigation or is advised by the secretary for children and families
that any of the provisions of this act or the provisions of K.S.A. 59-
2123, and amendments thereto, are being violated, or that the maternity
center or child care facility is maintained without due regard to the
health, safety or welfare of any woman or child, the secretary of health
and environment may issue an order revoking such license after giving
notice and conducting a hearing in accordance with the provisions of
the Kansas administrative procedure act. The order shall clearly state HOUSE BILL No. 2045—page 33
the reason for the revocation.
(e) If the secretary revokes or refuses to renew a license, the
licensee who had a license revoked or not renewed shall not be 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 secretary
revokes or refuses to renew a license of a licensee who is a repeat, three
or more times, violator of statutory requirements or rules and
regulations or is found to have contributed to the death or serious
bodily harm of a child under such licensee's care, such licensee shall be
permanently prohibited from applying for a new license to provide
child care or from seeking employment under another licensee.
(f) Any applicant or licensee aggrieved by a final order of the
secretary of health and environment denying or revoking a license
under this act may appeal the order in accordance with the Kansas
judicial review act.
Sec. 43. K.S.A. 65-505 is hereby amended to read as follows: 65-
505. (a) (1) The annual fee for a license to conduct a maternity center
or child care facility shall be fixed by the secretary of health and
environment by rules and regulations in an amount not exceeding the
following:
(1)(A) For a maternity center, $150;
(2)(B) for a child placement agency, $150; and
(3)(C) for a child care resource and referral agency, $150; and.
(4)(2) for any otherExcept for child care facilities listed in
paragraph (1), there shall be no annual fee for a license to conduct a
child care facility, $75 plus $1 times the maximum number of children
authorized under the license to be on the premises at any one time.
(3) The license fee shall be paid to the secretary of health and
environment when the license is applied for and annually thereafter.
The fee shall not be refundable. No fee shall be charged for a license to
conduct a home for children which that is a family foster home as
defined in K.A.R. 28-4-311, and amendments thereto. Fees in effect
under this subsection (a) immediately prior to the effective date of this
act shall continue in effect on and after the effective date of this act
until a different fee is established by the secretary of health and
environment by rules and regulations under this subsection.
(b) Any licensee who fails to renew such license within 30 days
after the expiration of the license shall pay to the secretary the renewal
fee plus a late fee in an amount of $75 or equal to the fee for the
renewal of a license, whichever is greater.
(c) Any licensee applying for an amended license shall pay to the
secretary of health and environment a fee established by rules and
regulations of the secretary in an amount not exceeding $35.
(d) The secretary of health and environment shall remit all moneys
received by the secretary from fees under the provisions of this section
to the state treasurer in accordance with the provisions of K.S.A. 75-
4215, and amendments thereto. Upon receipt of each such remittance,
the state treasurer, notwithstanding any other law to the contrary, shall
deposit the entire amount in the state treasury to the credit of the
maternity centers and child care licensing fee fund. All expenditures
from the maternity centers and child care licensing fee fund shall be
made only for the purposes of article 5 of chapter 65 of the Kansas
Statutes Annotated, and amendments thereto, in accordance with
appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the secretary of health and
environment or by a person or persons designated by the secretary.
Notwithstanding any other law to the contrary, no moneys shall be
transferred or otherwise revert from this fund to the state general fund
by appropriation act or other act of the legislature. Moneys available
under this section by the creation of the maternity centers and child
care licensing fee fund shall not be substituted for or used to reduce or
eliminate moneys available to the department of health and
environment to administer the provisions of article 5 of chapter 65 of
the Kansas Statutes Annotated, and amendments thereto. Nothing in HOUSE BILL No. 2045—page 34
this act shall be construed to authorize a reduction or elimination of
moneys made available by the state to local units of government for the
purposes of article 5 of chapter 65 of the Kansas Statutes Annotated,
and amendments thereto.
Sec. 44. K.S.A. 65-508 is hereby amended to read as follows: 65-
508. (a) Any maternity center or child care facility subject to the
provisions of this act shall:
(1) Be properly heated, plumbed, lighted and ventilated;
(2) have plumbing, water and sewerage systems which that
conform to all applicable state and local laws; and
(3) be operated with strict regard to the health, safety and welfare
of any woman or child.
(b) (1) Every maternity center or child care facility shall furnish or
cause to be furnished for the use of each resident and employee an
individual towel, wash cloth washcloth or disposable products, comb
and, individual drinking cup or sanitary bubbling fountain, and
toothbrushes for all children other than infants, and shall keep or
require such articles to be kept at all times in a clean and sanitary
condition.
(2) Toothbrushes in a day care facility may be used after meals or
as appropriate.
(3) Every maternity center or child care facility shall comply with
all applicable fire codes and rules and regulations of the state fire
marshal.
(c) (1) The secretary of health and environment with the
cooperation of the secretary for children and families shall develop and
adopt rules and regulations for the operation and maintenance of
maternity centers and child care facilities. The rules and regulations for
operating and maintaining maternity centers and child care facilities
shall be designed to promote the health, safety and welfare of any
woman or 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, sudden infant death
syndrome and safe sleep practices training, 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
and transportation and such appropriate parental participation as may
be feasible under the circumstances. Boarding schools are excluded
from requirements regarding the number of qualified persons who must
supervise and provide care to residents.
(2) Rules and regulations developed under this subsection shall
include provisions for the competent supervision and care of children in
day care facilities. For purposes of such rules and regulations,
competent supervision as this term relates 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; and
for all children, competent supervision includes, but is not limited to,
planning and supervision of daily activities, 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, pool and water safety practices.
(d) In addition to any rules and regulations adopted under this
section for safe sleep practices, child care facilities shall ensure that all
of the following requirements are met for children under 12 months of
age:
(1) A child shall only be placed to sleep on a surface and in an
area that has been approved for use as such by the secretary of health
and environment; HOUSE BILL No. 2045—page 35
(2) the sleep surface shall be free from soft or loose bedding,
including, but not limited to, blankets, bumpers and pillows; and
(3) the sleep surface shall be free from toys, including mobiles and
other types of play equipment or devices.
(e) Child care facilities shall ensure that children over 12 months
of age only be placed to sleep on a surface and in an area that has been
approved for use as such by the secretary of health and environment.
(f) The secretary of health and environment may exercise
discretion to make exceptions to requirements in subsections (d) and (e)
where special health needs exist.
(g) Each child cared for in a child care facility, including children
of the person maintaining the facility, shall be required to have current
such immunizations as the secretary of health and environment
considers necessary. The person maintaining a child care facility shall
maintain a record of each child's immunizations and shall provide to
the secretary of health and environment such information relating
thereto, in accordance with rules and regulations of the secretary, but
the person maintaining a child care facility shall not have such person's
license revoked solely for the failure to have or to maintain the
immunization records required by this subsection.
(h) The immunization requirement of subsection (g) shall not
apply if one of the following is obtained:
(1) Certification from a licensed physician stating that the physical
condition of the child is such that immunization would endanger the
child's life or health; or
(2) a written statement signed by a the child's parent or guardian
that the parent or guardian is an adherent of a such immunization
violates sincerely held religious denomination whose teachings are
opposed to immunizations beliefs of the parent or guardian.
(i) On and after July 1, 2026, any references to day care facilities
shall be under the administration of the director of early childhood.
Sec. 45. K.S.A. 65-512 is hereby amended to read as follows: 65-
512. (a) It is hereby made the duty of the secretary of health and
environment to inspect or cause to be inspected at least once every 15
months prior to July 1, 2012, and once every 12 months thereafter,
every maternity center or child care facility, unless otherwise provided
in subsections (b) and (c). For the purpose of inspection, the secretary
or the secretary's authorized agent, as an employee of the secretary or
who has a contract with the secretary to provide inspections pursuant
to K.S.A. 65-501 et seq. and who holds a certificate issued pursuant to
subsection (c), shall have the right of entry and access thereto in to
every department and to every place in the premises, shall to call for
and examine the records which that are required to be kept by the
provisions of this act and shall to make and preserve a record of every
inspection. The licensee shall give all reasonable information to the
authorized agent of the secretary of health and environment and shall
afford every reasonable facility for viewing the premises and seeing the
patients or children therein. No such patient or child, without the
consent of the patient or child child's parent, shall be required to be
interviewed by any agent unless the agent is an authorized person or a
licensed physician.
(b) (1) On or after the effective date of this act, the secretary of
health and environment shall commence the inspection of registered
family day care homes pursuant to K.S.A. 65-533, and amendments
thereto.
(2) The secretary of health and environment shall conduct an
inspection of any child care facility upon receiving a complaint. Any
new child care facility shall be inspected prior to issuance of a license.
The secretary may conduct an inspection of any child care facility that
has a record of repeated complaints or serious violations at any time.
Every 12 months, the secretary shall inspect any child care facility that
provides services to military families receiving military assistance for
child care every 12 months.
(c) (1) Except as provided in subsection (b)(2), the following HOUSE BILL No. 2045—page 36
categories of child care facilities which were in compliance on the
effective date of this act are not required to be inspected until July 1,
2011: Day care homes, as defined in K.A.R. 28-4-113; group day care
homes, as defined in K.A.R. 28-4-113; child care centers, as defined in
K.A.R. 28-4-420; preschools, as defined in K.A.R. 28-4-420; school-
age programs, as defined in K.A.R. 28-4-576; and drop-in programs, as
defined in K.A.R. 28-4-700.The secretary shall create a surveyor
certification and provide a minimum of yearly continuing education to
qualify for such certification.
(2) If a surveyor fails to comply with the certification
requirements established by the secretary as provided in paragraph (1),
the secretary may require such surveyor to complete an improvement
plan.
(3) If such surveyor does not satisfactorily complete the
improvement plan, the secretary may terminate such surveyor's current
certification.
(d) Persons conducting inspections and surveys pursuant to
K.S.A. 65-501 et seq., and amendments thereto, shall hold a
certification issued by the secretary.
Sec. 46. K.S.A. 2024 Supp. 65-516 is hereby amended to read as
follows: 65-516. (a) No person shall knowingly maintain a child care
facility if an employee who, in this state or in other states or the federal
government:
(1) (A) Has been convicted of a crime that is classified as a person
felony under the Kansas criminal code;
(B) has been convicted of a felony under K.S.A. 2010 Supp. 21-
36a01 through 21-36a17, prior to their transfer, or article 57 of chapter
21 of the Kansas Statutes Annotated, and amendments thereto, or any
felony violation of any provision of the uniform controlled substances
act prior to July 1, 2009;
(C) has been convicted of any act that is described in articles 34,
35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their
repeal, or article 54, 55 or 56 of chapter 21 of the Kansas Statutes
Annotated, and amendments thereto, or K.S.A. 21-6104, 21-6325, 21-
6326, 21-6418 through 21-6422 or 21-6424, and amendments thereto,
or been convicted of an attempt under K.S.A. 21-3301, prior to its
repeal, or K.S.A. 21-5301, and amendments thereto, to commit any
such act or been convicted of conspiracy under K.S.A. 21-3302, prior
to its repeal, or K.S.A. 21-5302, and amendments thereto, to commit
such act, or similar statutes of any other state or the federal
government;
(D) has been convicted of any act that is described in K.S.A. 21-
4301 or 21-4301a, prior to their repeal, or K.S.A. 21-6401, and
amendments thereto, or similar statutes of any other state or the federal
government; or
(E) has been convicted of any act that is described in K.S.A. 21-
3718 or 21-3719, prior to their repeal, or K.S.A. 21-5812, and
amendments thereto, or similar statutes of any other state or the federal
government;
(2) except as provided in subsection (b), has been adjudicated a
juvenile offender because of having committed an act that which, if
done committed by an adult, would constitute the commission of a
felony and that is a crime against persons, is any act described in
articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated,
prior to their repeal, or article 54, 55 or 56 of chapter 21 of the Kansas
Statutes Annotated, and amendments thereto, or K.S.A. 21-6104, 21-
6325, 21-6326, 21-6418 through 21-6422 or 21-6424, and amendments
thereto, or similar statutes of any other state or the federal government,
or is any act described in K.S.A. 21-4301 or 21-4301a, prior to their
repeal, or K.S.A. 21-6401, and amendments thereto, or similar statutes
of any other state or the federal government;
(3) has been convicted or adjudicated of a crime that requires
registration as a sex offender under the Kansas offender registration act,
K.S.A. 22-4901 et seq., and amendments thereto, as a sex offender in HOUSE BILL No. 2045—page 37
any other state or as a sex offender on the national sex offender
registry;
(4) has committed an act of physical, mental or emotional abuse or
neglect or sexual abuse and who is listed in the child abuse and neglect
registry maintained by the Kansas department for children and families
pursuant to K.S.A. 38-2226, and amendments thereto, or any similar
child abuse and neglect registries maintained by any other state or the
federal government and:
(A) The person has failed to successfully complete a corrective
action plan that had been deemed appropriate and approved by the
Kansas department for children and families or requirements of similar
entities in any other state or the federal government; or
(B) the record has not been expunged pursuant to rules and
regulations adopted by the secretary for children and families or similar
entities in any other state or the federal government;
(5) has had a child removed from home based on a court order
pursuant to K.S.A. 38-2251, and amendments thereto, in this state, or a
court order in any other state based upon a similar statute that finds the
child to be deprived or a child in need of care based on a finding of
physical, mental or emotional abuse or neglect or sexual abuse and the
child has not been returned to the home or the child reaches majority
before being returned to the home and the person has failed to
satisfactorily complete a corrective action plan approved by the
department of health and environment;
(6) has had parental rights terminated pursuant to the Kansas
juvenile code or K.S.A. 38-2266 through 38-2270, and amendments
thereto revised Kansas code for care of children, or a similar statute of
other states;
(7) has signed a diversion agreement pursuant to K.S.A. 22-2906
et seq., and amendments thereto, or an immediate intervention
agreement pursuant to K.S.A. 38-2346, and amendments thereto,
involving a charge of child abuse or a sexual offense; or
(8) has an infectious or contagious disease.
(b) If the secretary determines that there is no safety concern, the
secretary may license a family foster home, as defined in K.S.A. 38-
134, and amendments thereto, when a person who has been adjudicated
as a juvenile offender for an offense described in subsection (a)(2):
(1) Was a child in the custody of the secretary and placed with
such family foster home by the secretary;
(2) is 18 years of age or older;
(3) (A) maintains residence at such family foster home; or
(B) has been legally adopted by any person who resides at such
family foster home; and
(4) six months have passed since the date of adjudication.
(c) No person shall maintain a child care facility if such person
has been found to be a person in need of a guardian or a conservator, or
both, as provided in K.S.A. 59-3050 through 59-3095, and amendments
thereto.
(d) Any person who resides in a child care facility and who has
been found to be in need of a guardian or a conservator, or both, shall
be counted in the total number of children allowed in care.
(e) In accordance with the provisions of this subsection, the
secretary of health and environment shall have access to any court
orders or adjudications of any court of record, any records of such
orders or adjudications, criminal history record information including,
but not limited to, diversion agreements, in the possession of the
Kansas bureau of investigation and any report of investigations as
authorized by K.S.A. 38-2226, and amendments thereto, in the
possession of the Kansas department for children and families or court
of this state concerning employees in a child care facility. The secretary
shall have access to these records for the purpose of determining
whether or not the home meets the requirements of K.S.A. 59-2132,
65-503, 65-508 and 65-516, and amendments thereto.
(f) In accordance with the provisions of this subsection, the HOUSE BILL No. 2045—page 38
secretary is authorized to conduct national criminal history record
checks to determine criminal history on employees in a child care
facility. In order to conduct a national criminal history check the
secretary shall require fingerprinting for identification and
determination of criminal history in accordance with K.S.A. 2024
Supp. 22-4714, and amendments thereto.
(g) (1) The secretary shall adopt rules and regulations on or before
January 1, 2019, to fix a fee for fingerprinting persons residing,
working or regularly volunteering employees in a child care facility, as
may be required by the department to reimburse the department for the
cost of the fingerprinting.
(2) The secretary shall remit all moneys received from the fees
established under this section to the state treasurer in accordance with
the provisions of K.S.A. 75-4215, and amendments thereto. Upon
receipt of each such remittance, the state treasurer shall deposit the
entire amount in the state treasury to the credit of the child care
criminal background and fingerprinting fund.
(i)(h) The child care criminal background and fingerprinting fund
is hereby created in the state treasury to be administered by the
secretary of health and environment. All moneys credited to the child
care criminal background and fingerprinting fund shall be used to pay
local and state law enforcement officers and agencies for the processing
of fingerprints and criminal history background checks for the
department. All expenditures from the child care criminal background
and fingerprinting fund shall be made in accordance with appropriation
acts upon warrants of the director of accounts and reports issued
pursuant to vouchers approved by the secretary or by a person
designated by the secretary.
(j)(i) The secretary shall notify the child care applicant or licensee,
within seven days by certified mail with return receipt requested, when
the result of the national criminal history record check or other
appropriate review reveals unfitness specified in subsections (a)(1)
through (8) with regard to the person who is the subject of the review.
(k)(j) No child care facility or the employees thereof, shall be
liable for civil damages to any person refused employment or
discharged from employment by reason of such facility's or home's
compliance with the provisions of this section if such home acts in
good faith to comply with this section.
(l)(k) For the purpose of subsection (a)(3), a person listed in the
child abuse and neglect central registry shall not be prohibited from
residing, working or volunteering in a child care facility unless such
person has:
(1) Had an opportunity to be interviewed and present information
during the investigation of the alleged act of abuse or neglect; and
(2) been given notice of the agency decision and an opportunity to
appeal such decision to the secretary and to the courts pursuant to the
Kansas judicial review act.
(m)(l) In regard to Kansas issued criminal history records:
(1) The secretary of health and environment shall provide in
writing information available to the secretary to each child placement
agency requesting information under this section, including the
information provided by the Kansas bureau of investigation pursuant to
this section, for the purpose of assessing the fitness of persons living,
working or regularly volunteering in a family foster home under the
child placement agency's sponsorship.
(2) The child placement agency is considered to be a
governmental entity and the designee of the secretary of health and
environment for the purposes of obtaining, using and disseminating
information obtained under this section.
(3) The information shall be provided to the child placement
agency regardless of whether the information discloses that the subject
of the request has been convicted of any offense.
(4) Whenever the information available to the secretary reveals
that the subject of the request has no criminal history on record, the HOUSE BILL No. 2045—page 39
secretary shall provide notice thereof in writing to each child placement
agency requesting information under this section.
(5) Any staff person of a child placement agency who receives
information under this subsection shall keep such information
confidential, except that the staff person may disclose such information
on a need-to-know basis to:
(A) The person who is the subject of the request for information;
(B) the applicant or operator of the family foster home in which
the person lives, works or regularly volunteers;
(C) the department of health and environment;
(D) the Kansas department for children and families;
(E) the department of corrections; and
(F) the courts.
(6) A violation of the provisions of paragraph (5) shall be an
unclassified misdemeanor punishable by a fine of $100 for each
violation.
(n)(m) (1) No person shall maintain a day care facility unless such
person is a high school graduate or the equivalent thereof, except where
extraordinary circumstances exist, the secretary of health and
environment may exercise discretion to make exceptions to this
requirement. The provisions of this subsection shall not apply to any
person who was maintaining a day care facility on the day immediately
prior to July 1, 2010, or who had an application for an initial license or
the renewal of an existing license pending on July 1, 2010.
(2) This subsection shall expire on June 30, 2026.
Sec. 47. K.S.A. 65-527 is hereby amended to read as follows: 65-
527. (a) As used in this section:
(1) "Drop-in program" means a child care facility that is not
located in an individual's residence, that serves exclusively school-age
children and youth and 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."Child" means an individual who is
enrolled or attending kindergarten, is less than 18 years of age, is not a
volunteer or employee and is attending a youth development program.
(2) "Premises" means the location, including the building and
adjoining grounds, for which the applicant has a temporary permit or
license to conduct a youth development program.
(2)(3) "Public recreation center" means 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.
(3)(4) "School" means any building used for instruction of
students enrolled in kindergarten or any of the grades one through 12
by a school district or an accredited nonpublic school.
(4)(5) "School-age program" means a child care facility that
serves exclusively school-age children and youth but does not include a
drop-in youth development program.
(6) "Youth development program" means a child care facility
where youth activities are conducted that is not located in an
individual's residence and that serves children who are enrolled in
kindergarten to less than 18 years of age.
(b) No license for a drop-in youth development program or school-
age program shall be denied, suspended or revoked on the basis that the
building does not meet the requirements for licensure if the building:
(1) Is a public recreation center or school and is used by school-
age children and youth that are of the same age as children and youth
who are cared for in the drop-in a youth development program or
school-age program;
(2) complies, during all hours of operation of the drop-in a youth
development program or school-age 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
(3) complies, except as provided in subsection (c), during all hours
of operation of the drop-in a youth development program or school-age HOUSE BILL No. 2045—page 40
program, with all local building code provisions that apply to recreation
centers, if the building is a public recreation center, or to schools, if the
building is a school.
(c) If the standards that a building is required to comply with
pursuant to subsections (b)(2) and (b)(3) conflict or are otherwise
inconsistent, then the standards provided by subsection (b)(2) shall
control.
(d) No license for a drop-in youth development program or school-
age program that operates in accordance with subsection (b)(1) shall be
denied, suspended or revoked based on an environmental deficiency
and shall be approved or renewed if:
(1) The environmental deficiency does not pose an imminent risk
to children and youth;
(2) the environmental deficiency is outside the applicant's or
licensee's immediate authority to correct; and
(3) the applicant or licensee has notified the public recreation
center or school of the environmental deficiency.
(e) Whenever drop-in program or words of like effect, are referred
to or designated by any statute, rule or regulation, contract or any
other document, such reference or designation shall apply to a youth
development program.
(f) If a licensed youth development program or school age
program operates on or within the premises of a public or private
school that is required to pass a fire safety inspection each school year
pursuant to K.S.A. 31-144(b), and amendments thereto, no additional
fire safety inspection of the licensed youth development program or
school age program shall be required by the director, the state fire
marshal, the fire chief or any local political or taxing subdivision.
(g) This section shall expire on June 30, 2026.
Sec. 48. K.S.A. 65-531 is hereby amended to read as follows: 65-
531. On and after July 1, 1996: (a) Except as provided further,
information and records which that pertain to the immunization status
of persons against childhood diseases as required by K.S.A. 65-508,
and amendments thereto, may be disclosed and exchanged without a
parent or guardian's written release authorizing such disclosure, to the
following, who need to know such information to assure compliance
with state statutes or to achieve age appropriate age-appropriate
immunization status for children:
(1) Employees of public agencies or departments;
(2) health records staff of child care facilities, including, but not
limited to, facilities licensed by the secretary of health and
environment;
(3) 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
(4) health carehealthcare professionals.
(b) Notwithstanding K.S.A. 60-427, and amendments thereto, or
any other Kansas statute which that provides for privileged information
between a patient and a health care healthcare provider, there shall be
no privilege preventing the furnishing of information and records as
authorized by this section by any health care healthcare provider.
(c) Information and records which that pertain to the
immunization status of persons against childhood diseases as required
by K.S.A. 65-508, and amendments thereto, whose parent or guardian
has submitted a written statement of sincerely held religious objection
to beliefs regarding immunization as provided in K.S.A. 65-508, and
amendments thereto, may not be disclosed or exchanged without a
parent or guardian's written release authorizing such disclosure.
Sec. 49. On and after July 1, 2026, K.S.A. 72-4161 is hereby
amended to read as follows: 72-4161. As used in this act:
(a) "Board" means the board of education of any school district.
(b) "Director" means the director of the Kansas office of early
childhood. HOUSE BILL No. 2045—page 41
(c) "Infant" or "toddler" means any child under the age of
eligibility for school attendance.
(d) "Parent education program" means a program developed and
operated by a board for the purpose of providing expectant parents and
parents of infants or toddlers or both with information, advice,
assistance, resource materials, guidance and learning experiences
regarding such measures as parenting skills and the various styles of
parenting, the processes and principles of growth and development of
children, home learning activities designed for infants and toddlers,
techniques emphasizing a positive approach to discipline, effective
methods of communicating and interacting with children to foster the
development of self-esteem, strategies for structuring behavioral limits
and increasing mutual positive regard and other elements of effective
parenting that are conducive to the structuring of a home environment
in which children are encouraged to be successful and productive
learners.
(e) "School district" means any public school district organized
and operating under the laws of this state.
(c) "Parent education program" means a program developed and
operated by a board for the purpose of providing expectant parents and
parents of infants or toddlers or both with information, advice,
assistance, resource materials, guidance and learning experiences
regarding such measures as parenting skills and the various styles of
parenting, the processes and principles of growth and development of
children, home learning activities designed for infants and toddlers,
techniques emphasizing a positive approach to discipline, effective
methods of communicating and interacting with children so as to foster
the development of self-esteem, strategies for structuring behavioral
limits and increasing mutual positive regard, and other elements of
effective parenting that are conducive to the structuring of a home
environment in which children are encouraged to be successful and
productive learners.
(d) "Infant" and "toddler" means any child under the age of
eligibility for school attendance.
(e) "State board" means the state board of education.
Sec. 50. On and after July 1, 2026, K.S.A. 72-4162 is hereby
amended to read as follows: 72-4162. (a) The board of every school
district may:
(1) Develop and operate a parent education program;
(2) enter into cooperative or interlocal agreements with one or
more other boards for the development and operation of a parent
education program;
(3) contract with private, nonprofit corporations or associations or
with any public or private agency or institution, whether located within
or outside the state, for the provision of services which that are
appropriate to a parent education program; and
(4) apply for a grant of state moneys to supplement amounts
expended by the school district for development and operation of a
parent education program.
(b) In order to be eligible to receive a grant of state moneys for the
development and operation of a parent education program, a board shall
submit to the state board director an application for a grant and a
description of the program. The application and description shall be
prepared in such form and manner as the state board director shall
require and shall be submitted at a time to be determined and specified
by the state board director. Approval by the state board director of the
program and the application is prerequisite to the award of a grant.
(c) Each board which that is awarded a grant under this act shall
make such periodic and special reports of statistical and financial
information to the state board as it the director may request.
Sec. 51. On and after July 1, 2026, K.S.A. 72-4163 is hereby
amended to read as follows: 72-4163. (a) The state board, in
consultation with the secretary for children and families and the
director of early childhood, shall adopt rules and regulations for the HOUSE BILL No. 2045—page 42
administration of this act and shall:
(1) Establish standards and criteria for reviewing, evaluating and
approving parent education programs and applications of school
districts for grants;
(2) conduct a needs-assessment survey of school districts applying
for grants;
(3) evaluate and approve parent education programs;
(4) establish priorities in accordance with the findings of the
needs-assessment survey for the award of grants to school districts and
for determination of the amount of such grants;
(5) be responsible for awarding grants to school districts; and
(6) request of and receive from each school district which that is
awarded a grant for development and operation of a parent education
program reports containing information with regard to the effectiveness
of the program.
(b) In evaluating and approving parent education programs for the
award of grants to school districts, the state board director shall
consider:
(1) Prior experiences of school districts in the development and
operation of parent education programs;
(2) level of effort exhibited by school districts in the development
and operation of parent education programs;
(3) the amounts budgeted by school districts for the development
and operation of parent education programs; and
(4) the potential effectiveness of the parent education programs for
which applications for the grant of state moneys are made.
Sec. 52. On and after July 1, 2026, K.S.A. 72-4164 is hereby
amended to read as follows: 72-4164. (a) (1) In the 1990-91 school
year, to the extent that appropriations are available therefor, and on the
basis of established priorities, the state board shall select for the award
of grants of state moneys those school districts, not to exceed 100
school districts, which the state board determines to be most capable of
developing and operating successful parent education programs.
(2) In the 1991-92 school year, to the extent that appropriations
are available therefor, and on the basis of established priorities, the
state board shall select for the award of grants of state moneys those
school districts, not to exceed 200 school districts, which the state
board determines to be most capable of developing and operating
successful parent education programs.
(3) In the 1992-93 school year and In each school year thereafter,
to the extent that appropriations are available therefor, each school
district which that has developed and is operating an approved parent
education program shall be eligible to receive a grant of state moneys.
(b) The amount of a grant awarded to a school district shall be
determined by the state board director in accordance with established
priorities and reported to the senate committee on education and the
house of representatives committee on K-12 budget, or any successor
committees, but in no event shall such amount exceed the amount of
actual expenses incurred by the school district in the development and
operation of a program. If the amount of appropriations for parent
education programs is insufficient to pay in full the amount that each
school district is determined to be eligible to receive, the state board
director shall prorate the amount appropriated among all school
districts in proportion to the amount that each such school district is
determined to be eligible to receive.
(c) Any grant awarded under this section shall be included in
district budgets with proper notation of such grant awarded.
(d) Review of equity for pre-K programs shall be reviewed by
committees on a bi-annual basis.
Sec. 53. On and after July 1, 2026, K.S.A. 72-4166 is hereby
amended to read as follows: 72-4166. The state board director, in
cooperation with the Kansas department for children and families, the
state department of health and environment, and other appropriate
associations and organizations, may provide any board, upon its request HOUSE BILL No. 2045—page 43
therefor, with technical advice and assistance regarding the
development and operation of a parent education program or an
application for a grant of state moneys, and may make studies and
gather and disseminate information regarding materials, resources,
procedures and personnel which that are or may become available to
assist school districts in the development and operation of parent
education programs.
Sec. 54. K.S.A. 38-1901, 38-2103, 65-501, 65-505, 65-508, 65-
512, 65-527 and 65-531 and K.S.A. 2024 Supp. 48-3406, 65-503 and
65-516 are hereby repealed.
Sec. 55. On and after July 1, 2026, K.S.A. 65-504, 72-4161, 72-4162,
72-4163, 72-4164 and 72-4166 are hereby repealed.
Sec. 56. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.