Kansas 2025-2026 Regular Session

Kansas House Bill HB2294 Compare Versions

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Old	New	Differences
1	1	Session of 2025
2	2	HOUSE BILL No. 2294
3	3	By Committee on Commerce, Labor and Economic Development
4	4	Requested by Representative L. Williams
5	5	2-5
6	6	AN ACT concerning child care; relating to licensure of day care facilities,
7	7	child care homes and child care centers; reducing license fees and
8	8	training requirements; creating a process for day care facility licensees
9	9	to apply for a temporary waiver of certain statutory requirements;
10	10	authorizing the secretary of health and environment to develop and
11	11	operate pilot programs to increase child care facility availability and
12	12	capacity; establishing the Kansas office of early childhood; transferring
13	13	administration of day care licensing, parent education programs and the
14	14	child care subsidy program to the Kansas office of early childhood;
15	15	creating the day care facilities and child care resource and referral
16	16	agencies licensing fee fund and the day care criminal background and
17	17	fingerprinting fund; defining youth development programs; amending
18	18	section 1, as enacted by this act, section 3, as enacted by this act,
19	19	section 5, as enacted by this act, section 7, as enacted by this act,
20	20	section 9, as enacted by this act, section 11, as enacted by this act,
21	21	section 13, as enacted by this act, section 15, as enacted by this act,
22	22	K.S.A. 38-1901, 38-2103, 65-504, 65-505, 65-508, 65-508, as amended
23	23	by section 54 of this act, 65-512, 65-527, 65-531, 72-4161, 72-4162,
24	24	72-4163, 72-4164 and 72-4166 and K.S.A. 2024 Supp. 48-3406, 65-
25	25	503, 65-503, as amended by section 50 of this act, and 65-516 and
26	26	repealing the existing sections.
27	27	Be it enacted by the Legislature of the State of Kansas:
28	28	New Section 1. (a) Each staff member of a child care center shall
29	29	demonstrate an understanding of children and shall act with sound
30	30	judgment.
31	31	(b) Each applicant with a temporary permit and each licensee of a
32	32	child care center for fewer than 24 children shall hire a program director
33	33	who:
34	34	(1) Is at least 18 years of age;
35	35	(2) has a high school diploma or equivalent; and
36	36	(3) has one of the following:
37	37	(A) An associate degree or a higher degree in early childhood, child
38	38	development or a related academic discipline from a regionally accredited
39	39	college or university;
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75	75	(B) a child development associate credential;
76	76	(C) a technical certificate or diploma in early childhood;
77	77	(D) three months of experience in early childhood education
78	78	providing direct care and supervision of children and three semester hours
79	79	of academic study or equivalent training in early childhood, child
80	80	development or a related academic discipline from a regionally accredited
81	81	college or university; or
82	82	(E) six months of experience in early childhood education providing
83	83	direct care and supervision of children.
84	84	(c) Each applicant with a temporary permit and each licensee of a
85	85	child care center for 24 or more children shall hire a program director who:
86	86	(1) Is at least 18 years of age;
87	87	(2) has a high school diploma or equivalent; and
88	88	(3) has one of the following:
89	89	(A) A bachelor's degree or a higher degree in early childhood, child
90	90	development or a related academic discipline from a regionally accredited
91	91	college or university and three months of experience in early childhood
92	92	education providing direct care and supervision of children;
93	93	(B) a bachelor's degree in an unrelated academic discipline from a
94	94	regionally accredited college or university and any of the following:
95	95	(i) Six months of experience in early childhood education providing
96	96	direct care and supervision of children;
97	97	(ii) 12 semester hours of academic study or equivalent training in
98	98	early childhood, child development or a related academic discipline;
99	99	(iii) a child development associate credential; or
100	100	(iv) a technical certificate or diploma in early childhood;
101	101	(C) an associate degree in early childhood, child development or a
102	102	related academic discipline from a regionally accredited college or
103	103	university and six months of experience in early childhood education
104	104	providing direct care and supervision of children;
105	105	(D) 12 semester hours of academic study or equivalent training in
106	106	early childhood, child development or a related academic discipline from a
107	107	regionally accredited college or university and any of the following
108	108	options:
109	109	(i) Six months of experience in early childhood education providing
110	110	direct care and supervision of children;
111	111	(ii) a child development associate credential; or
112	112	(iii) a technical certificate or diploma in early childhood;
113	113	(E) a child development associate credential and one year of
114	114	experience in early childhood education providing direct care and
115	115	supervision of children; or
116	116	(F) six years of experience in early childhood education providing
117	117	direct care and supervision of children or four years of experience in a
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161	161	licensed child care center providing direct care and supervision of
162	162	children.
163	163	(d) Each individual who has obtained approval of program director
164	164	qualifications by the secretary for the department of health and
165	165	environment or the secretary's designee before December 31, 2025, shall
166	166	be exempt from the requirements in subsections (b)(3) and (c)(3).
167	167	(e) There shall be a lead teacher present with each unit of children in
168	168	the child care center. Each lead teacher shall:
169	169	(1) Be at least 18 years of age;
170	170	(2) have a high school diploma or equivalent; and
171	171	(3) have one of the following:
172	172	(A) An associate degree or a higher degree in early childhood, child
173	173	development or a related academic discipline from a regionally accredited
174	174	college or university;
175	175	(B) a technical certificate or diploma in early childhood;
176	176	(C) a child development associate credential;
177	177	(D) three semester hours of academic study or equivalent training in
178	178	early childhood, child development or a related academic discipline from a
179	179	regionally accredited college or university and three months of experience
180	180	in early childhood education providing direct care and supervision of
181	181	children of the same age range that the lead teacher will be serving; or
182	182	(E) six months of experience in early childhood education providing
183	183	direct care and supervision of children of the same age range that the lead
184	184	teacher will be serving.
185	185	(f) Each program director in a child care center licensed for fewer
186	186	than 24 children may also serve as a lead teacher in such child care center.
187	187	(g) Each assistant teacher shall:
188	188	(1) Have the ability to carry out assigned tasks competently under the
189	189	guidance of another staff member;
190	190	(2) have skills and ability to implement age-appropriate activities;
191	191	(3) have understanding of and the ability to respond appropriately to
192	192	children's needs;
193	193	(4) have the ability to foster positive, healthy relationships with
194	194	children;
195	195	(5) have interpersonal skills necessary to communicate clearly and
196	196	appropriately; and
197	197	(6) be at least 16 years of age.
198	198	(h) This section shall be a part of and supplemental to article 5 of
199	199	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
200	200	Sec. 2. On and after July 1, 2026, section 1, as enacted by this act, is
201	201	hereby amended to read as follows: (a) Each staff member of a child care
202	202	center shall demonstrate an understanding of children and shall act with
203	203	sound judgment.
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247	247	(b) Each applicant with a temporary permit and each licensee of a
248	248	child care center for fewer than 24 children shall hire a program director
249	249	who:
250	250	(1) Is at least 18 years of age;
251	251	(2) has a high school diploma or equivalent; and
252	252	(3) has one of the following:
253	253	(A) An associate degree or a higher degree in early childhood, child
254	254	development or a related academic discipline from a regionally accredited
255	255	college or university;
256	256	(B) a child development associate credential;
257	257	(C) a technical certificate or diploma in early childhood;
258	258	(D) three months of experience in early childhood education
259	259	providing direct care and supervision of children and three semester hours
260	260	of academic study or equivalent training in early childhood, child
261	261	development or a related academic discipline from a regionally accredited
262	262	college or university; or
263	263	(E) six months of experience in early childhood education providing
264	264	direct care and supervision of children.
265	265	(c) Each applicant with a temporary permit and each licensee of a
266	266	child care center for 24 or more children shall hire a program director who:
267	267	(1) Is at least 18 years of age;
268	268	(2) has a high school diploma or equivalent; and
269	269	(3) has one of the following:
270	270	(A) A bachelor's degree or a higher degree in early childhood, child
271	271	development or a related academic discipline from a regionally accredited
272	272	college or university and three months of experience in early childhood
273	273	education providing direct care and supervision of children;
274	274	(B) a bachelor's degree in an unrelated academic discipline from a
275	275	regionally accredited college or university and any of the following:
276	276	(i) Six months of experience in early childhood education providing
277	277	direct care and supervision of children;
278	278	(ii) 12 semester hours of academic study or equivalent training in
279	279	early childhood, child development or a related academic discipline;
280	280	(iii) a child development associate credential; or
281	281	(iv) a technical certificate or diploma in early childhood;
282	282	(C) an associate degree in early childhood, child development or a
283	283	related academic discipline from a regionally accredited college or
284	284	university and six months of experience in early childhood education
285	285	providing direct care and supervision of children;
286	286	(D) 12 semester hours of academic study or equivalent training in
287	287	early childhood, child development or a related academic discipline from a
288	288	regionally accredited college or university and any of the following
289	289	options:
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333	333	(i) Six months of experience in early childhood education providing
334	334	direct care and supervision of children;
335	335	(ii) a child development associate credential; or
336	336	(iii) a technical certificate or diploma in early childhood;
337	337	(E) a child development associate credential and one year of
338	338	experience in early childhood education providing direct care and
339	339	supervision of children; or
340	340	(F) six years of experience in early childhood education providing
341	341	direct care and supervision of children or four years of experience in a
342	342	licensed child care center providing direct care and supervision of
343	343	children.
344	344	(d) Each individual who has obtained approval of program director
345	345	qualifications by the secretary of the department for health and
346	346	environment or the secretary's designee before December 31, 2025, shall
347	347	be exempt from the requirements in subsections (b)(3) and (c)(3).
348	348	(e) There shall be a lead teacher present with each unit of children in
349	349	the child care center. Each lead teacher shall:
350	350	(1) Be at least 18 years of age;
351	351	(2) have a high school diploma or equivalent; and
352	352	(3) have one of the following:
353	353	(A) An associate degree or a higher degree in early childhood, child
354	354	development or a related academic discipline from a regionally accredited
355	355	college or university;
356	356	(B) a technical certificate or diploma in early childhood;
357	357	(C) a child development associate credential;
358	358	(D) three semester hours of academic study or equivalent training in
359	359	early childhood, child development or a related academic discipline from a
360	360	regionally accredited college or university and three months of experience
361	361	in early childhood education providing direct care and supervision of
362	362	children of the same age range that the lead teacher will be serving; or
363	363	(E) six months of experience in early childhood education providing
364	364	direct care and supervision of children of the same age range that the lead
365	365	teacher will be serving.
366	366	(f) Each program director in a child care center licensed for fewer
367	367	than 24 children may also serve as a lead teacher in the child care center.
368	368	(g) Each assistant teacher shall:
369	369	(1) Have the ability to carry out assigned tasks competently under the
370	370	guidance of another staff member;
371	371	(2) have skills and ability to implement age-appropriate activities;
372	372	(3) have understanding of and the ability to respond appropriately to
373	373	children's needs;
374	374	(4) have the ability to foster positive, healthy relationships with
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419	419	(5) have interpersonal skills necessary to communicate clearly and
420	420	appropriately; and
421	421	(6) be at least 16 years of age.
422	422	(h) This section shall be a part of and supplemental to article 5 of
423	423	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
424	424	New Sec. 3. (a) (1) For each licensure year beginning after July 1,
425	425	2025, each person who provides care to children in a child care home shall
426	426	complete professional development training in an amount determined by
427	427	the secretary of up to 10 clock hours per licensure year.
428	428	(2) Such training shall consist of a minimum of eight hours of
429	429	training specified by the secretary.
430	430	(3) As part of the professional development training required under
431	431	this subsection:
432	432	(A) Each person who provides care to children in a child care home
433	433	shall submit to the secretary proof of completion of up to four hours of
434	434	such outside training in child care or any related subject. The secretary
435	435	shall retain records of such person's compliance with this requirement; and
436	436	(B) a person who maintains a child care home with one provider, if
437	437	such provider provides care simultaneously to four infants at any time
438	438	during the licensure year, shall submit to the secretary proof of completion
439	439	of at least three hours of such professional development training in an
440	440	infant-specific subject. The secretary shall retain records of such person's
441	441	compliance with this requirement.
442	442	(b) The secretary of health and environment shall update rules and
443	443	regulations regarding child ratios on or before October 1, 2025.
444	444	(c) This section shall be a part of and supplemental to article 5 of
445	445	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
446	446	Sec. 4. On and after July 1, 2026, section 3, as enacted by this act, is
447	447	hereby amended to read as follows: (a) (1) For each licensure year
448	448	beginning after July 1, 2025 2026, each person who provides care to
449	449	children in a child care home shall complete professional development
450	450	training in an amount determined by the secretary executive director of up
451	451	to 10 clock hours per licensure year.
452	452	(2)(b) Such training shall consist of a minimum of eight hours of
453	453	training specified by the secretary executive director.
454	454	(3)(c) As part of the professional development training required under
455	455	this subsection:
456	456	(A)(1) Each person who provides care to children in a child care
457	457	home shall submit to the secretary executive director proof of completion
458	458	of up to four hours of such outside training in child care or any related
459	459	subject. The secretary executive director shall retain records of such
460	460	person's compliance with this requirement; and
461	461	(B)(2) a person who maintains a child care home with one provider, if
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505	505	such provider provides care simultaneously to four infants at any time
506	506	during the licensure year, shall submit proof of completion of at least three
507	507	hours of such professional development training in an infant-specific
508	508	subject. The secretary executive director shall retain records of such
509	509	person's compliance with this requirement.
510	510	(b) The secretary of health and environment shall update rules and
511	511	regulations regarding child ratios on or before October 1, 2025.
512	512	(c) This section shall be a part of and supplemental to article 5 of
513	513	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
514	514	New Sec. 5. (a) Each child care center shall have a program director
515	515	who is employed full time.
516	516	(b) Each child care center that is licensed for more than 75 children
517	517	shall have an administrator, who may also be the program director.
518	518	(c) The program director or administrator may, as needed, perform
519	519	the duties of a lead teacher or assistant teacher for up to half of the
520	520	program director's or administrator's total hours worked during each
521	521	calendar month.
522	522	(d) This section shall be a part of and supplemental to article 5 of
523	523	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
524	524	Sec. 6. On and after July 1, 2026, section 5, as enacted by this act, is
525	525	hereby amended to read as follows: (a) Each child care center shall have a
526	526	program director who is employed full time.
527	527	(b) Each child care center that is licensed for more than 75 children
528	528	shall have an administrator, who may also be the program director.
529	529	(c) The program director or administrator may, as needed, perform
530	530	the duties of a lead teacher or assistant teacher for up to half of the
531	531	program director's or administrator's total hours worked during each
532	532	calendar month.
533	533	(d) This section shall be a part of and supplemental to article 5 of
534	534	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
535	535	New Sec. 7. (a) A child care center shall meet the legal requirements
536	536	of the local jurisdiction where the child care center is located for fire
537	537	protection, water supply and sewage disposal.
538	538	(b) (1) The designated area for children's activities shall contain a
539	539	minimum of 28 square feet of floor space per child, excluding kitchens,
540	540	passageways, storage areas and bathrooms.
541	541	(2) There shall be a minimum of 60 square feet of outdoor play space
542	542	on the premises for each child using the space at any given time.
543	543	(c) This section shall be a part of and supplemental to article 5 of
544	544	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
545	545	Sec. 8. On and after July 1, 2026, section 7, enacted by this act, is
546	546	hereby amended to read as follows: (a) A child care center shall meet the
547	547	legal requirements of the local jurisdiction where the child care center is
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591	591	located for fire protection, water supply and sewage disposal.
592	592	(b) (1) The designated area for children's activities shall contain a
593	593	minimum of 28 square feet of floor space per child, excluding kitchens,
594	594	passageways, storage areas and bathrooms.
595	595	(2) There shall be a minimum of 60 square feet of outdoor play space
596	596	on the premises for each child using the space at any given time.
597	597	(c) This section shall be a part of and supplemental to article 5 of
598	598	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
599	599	New Sec. 9. (a) The secretary of health and environment shall not
600	600	require as a condition of licensure for a child care home that the licensee
601	601	live in the child care home.
602	602	(b) This section shall be a part of and supplemental to article 5 of
603	603	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
604	604	Sec. 10. On and after July 1, 2026, section 9, as enacted by this act, is
605	605	hereby amended to read as follows: (a) The secretary of health and
606	606	environment executive director shall not require as a condition of licensure
607	607	for a child care home that the licensee live in the child care home.
608	608	(b) This section shall be a part of and supplemental to article 5 of
609	609	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
610	610	New Sec. 11. (a) Notwithstanding any other law to the contrary, a
611	611	person granted licensure to maintain a day care facility may request from
612	612	the secretary of health and environment a waiver from the requirements of
613	613	this act for a set period of time. Waiver requests shall be made in a form
614	614	and manner approved by the secretary of health and environment and shall
615	615	contain the provisions of the statute sought to be waived and the reasons
616	616	therefor.
617	617	(b) This section shall be a part of and supplemental to article 5 of
618	618	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
619	619	Sec. 12. On and after July 1, 2026, section 11, as enacted by this act,
620	620	is hereby amended to read as follows: (a) Notwithstanding any other law
621	621	to the contrary, a person granted licensure to maintain a day care facility
622	622	may request from the secretary of health and environment executive
623	623	director a waiver from the requirements of this act for a set period of time.
624	624	Waiver requests shall be made in a form and manner approved by the
625	625	secretary of health and environment executive director and shall contain
626	626	the provisions of the statute sought to be waived and the reasons therefor.
627	627	(b) This section shall be a part of and supplemental to article 5 of
628	628	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
629	629	New Sec. 13. (a) (1) Notwithstanding any other law to the contrary,
630	630	the secretary of health and environment may develop and operate pilot
631	631	programs designed to increase the availability or capacity of child care
632	632	facilities in the state.
633	633	(2) The secretary may grant licensure to a person to maintain a day
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677	677	care facility or youth development program in a pilot program under this
678	678	section that waives the requirements of this act or rules and regulations
679	679	related to licensure and operation of a day care facility or youth
680	680	development program, including requirements for staff at such day care
681	681	facility or youth development program. A day care facility or youth
682	682	development program granted a license under this section shall comply
683	683	with any alternative terms, conditions and requirements set by the
684	684	secretary as may be necessary to protect the health, safety and welfare of
685	685	any children that attend such day care facility or youth development
686	686	program.
687	687	(3) The secretary shall not grant a license under this section if the
688	688	secretary determines that a day care facility or youth development program
689	689	or staff of such facility or program would endanger the health, safety and
690	690	welfare of any child.
691	691	(b) The secretary may grant licensure to a person to maintain a day
692	692	care facility or youth development program under this section for up to
693	693	five licensure years, except that the secretary may grant an additional two
694	694	years of licensure to any facility or program that participated in a pilot
695	695	program pursuant to subsection (c) during the adoption of such rules and
696	696	regulations.
697	697	(c) If the secretary determines that a pilot program has been
698	698	successful and will increase the availability or capacity of child care
699	699	facilities in the state, the secretary shall:
700	700	(1) Make suggestions and recommendations to the legislature for
701	701	statutory changes relating to day care facilities or youth development
702	702	programs; and
703	703	(2) adopt any rules and regulations consistent with the findings from
704	704	such pilot program, including additional licensure categories and
705	705	requirements therefor.
706	706	(d) On or before the first day of each regular session of the
707	707	legislature, the secretary shall prepare and submit a report to the legislature
708	708	regarding any pilot program. Such report shall include, but not be limited
709	709	to, the number of participating day care facilities or youth development
710	710	programs and number of children attending such facilities or programs,
711	711	provisions of statutes and regulations waived by the secretary,
712	712	recommendations for changes to this act and a summary of findings from
713	713	the pilot program based on available information.
714	714	(e) As used in this section, "secretary" means the secretary of health
715	715	and environment.
716	716	(f) This section shall be a part of and supplemental to article 5 of
717	717	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
718	718	Sec. 14. On and after July 1, 2026, section 13, as enacted by this act,
719	719	is hereby amended to read as follows: (a) (1) Notwithstanding any other
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763	763	law to the contrary, the secretary of health and environment executive
764	764	director may develop and operate pilot programs designed to increase the
765	765	availability or capacity of child care facilities in the state.
766	766	(2) The secretary executive director may grant licensure to a person to
767	767	maintain a day care facility or youth development program in a pilot
768	768	program under this section that waives the requirements of this act or rules
769	769	and regulations related to licensure and operation of a day care facility or
770	770	youth development program, including requirements for staff at such day
771	771	care facility or youth development program. A day care facility or youth
772	772	development program granted a license under this section shall comply
773	773	with any alternative terms, conditions and requirements set by secretary
774	774	the executive director as may be necessary to protect the health, safety and
775	775	welfare of any children that attend such day care facility or youth
776	776	development program.
777	777	(3) The secretary executive director shall not grant a license under
778	778	this section if the secretary executive director determines that a day care
779	779	facility or youth development program or staff of such facility or program
780	780	would endanger the health, safety and welfare of any child.
781	781	(b) The secretary executive director may grant licensure to a person to
782	782	maintain a day care facility or youth development program under this
783	783	section for up to five licensure years, except that the secretary executive
784	784	director may grant an additional two years of licensure to any facility or
785	785	program that participated in a pilot program pursuant to subsection (c)
786	786	during the adoption of such rules and regulations.
787	787	(c) If the secretary executive director determines that a pilot program
788	788	has been successful and will increase the availability or capacity of child
789	789	care facilities in the state, the secretary executive director shall:
790	790	(1) Make suggestions and recommendations to the legislature for
791	791	statutory changes relating to day care facilities or youth development
792	792	programs; and
793	793	(2) adopt any rules and regulations consistent with the findings from
794	794	such pilot program, including additional licensure categories and
795	795	requirements therefor.
796	796	(d) On or before the first day of each regular session of the
797	797	legislature, the secretary executive director shall prepare and submit a
798	798	report to the legislature regarding any pilot program. Such report shall
799	799	include, but not be limited to, the number of participating day care
800	800	facilities or youth development programs and number of children attending
801	801	such facilities or programs, provisions of statutes and regulations waived
802	802	by the secretary executive director, recommendations for changes to this
803	803	act and a summary of findings from the pilot program based on available
804	804	information.
805	805	(e) As used in this section, "secretary" means the secretary of health
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849	849	and environment.
850	850	(f) This section shall be a part of and supplemental to article 5 of
851	851	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
852	852	New Sec. 15. The secretary of health and environment shall not
853	853	impose restrictions on the use of 15-passenger vans purchased on or before
854	854	July 1, 2025.
855	855	Sec. 16. On and after July 1, 2026, section 15, as enacted by this act,
856	856	is hereby amended to read as follows: The secretary of health and
857	857	environment executive director shall not impose restrictions on the use of
858	858	15-passenger vans purchased on or before July 1, 2025.
859	859	New Sec. 17. (a) There is hereby established within the executive
860	860	branch the Kansas office of early childhood.
861	861	(b) The Kansas office of early childhood shall be administered under
862	862	the direction and supervision of the executive director of early childhood.
863	863	(c) The governor shall appoint the executive director of early
864	864	childhood, subject to confirmation by the senate as provided in K.S.A. 75-
865	865	4315b, and amendments thereto. Except as provided in K.S.A. 46-2601,
866	866	and amendments thereto, no person appointed as executive director shall
867	867	exercise any power, duty or function as executive director until confirmed
868	868	by the senate.
869	869	(d) The executive director shall be in the unclassified service under
870	870	the Kansas civil service act and shall receive an annual salary to be fixed
871	871	by the governor. The executive director shall serve at the pleasure of the
872	872	governor.
873	873	(e) Except as provided in K.S.A. 38-2103, and amendments thereto,
874	874	all budgeting, purchasing and related management functions of the Kansas
875	875	office of early childhood shall be administered under the direction and
876	876	supervision of the executive director of early childhood.
877	877	(f) All expenditures shall be made in accordance with appropriation
878	878	acts upon warrants of the director of accounts and reports issued pursuant
879	879	to vouchers approved by the executive director of early childhood or the
880	880	executive director's designee. The executive director shall submit to the
881	881	legislature the annual request for the Kansas office of early childhood for
882	882	appropriations. The office's request shall be prepared and submitted in the
883	883	form and manner provided by K.S.A. 75-3716 and 75-3717, and
884	884	amendments thereto.
885	885	(g) The Kansas governmental operations accountability law applies to
886	886	the Kansas office of early childhood and the office shall be subject to
887	887	audit, review and evaluation under such law.
888	888	(h) The executive director shall maintain an office in Topeka, Kansas,
889	889	and may maintain offices and facilities to carry out the function of the
890	890	office in other locations of the state.
891	891	(i) (1) On or before July 1, 2025, the governor shall appoint an
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935	935	interagency transition team to begin office operations.
936	936	(2) On or before January 1, 2026:
937	937	(A) The governor shall appoint the executive director; and
938	938	(B) the office shall begin transitioning programs identified in section
939	939	19, and amendments thereto, from state agencies to the office.
940	940	(3) On or before July 1, 2026, all identified programs shall be under
941	941	the direction and supervision of the executive director, including staff and
942	942	other operational functions.
943	943	(j) Nothing in this act shall be construed to preempt, supersede or
944	944	impinge on the authority of the Kansas department for children and
945	945	families provided in K.S.A. 75-3084 through 75-3089, and amendments
946	946	thereto.
947	947	New Sec. 18. The Kansas office of early childhood shall be
948	948	responsible for carrying out the general policies of the governor and the
949	949	executive director of early childhood by:
950	950	(a) Supporting the healthy development of Kansas children through
951	951	the coordination of early childhood programs and services in the fields of
952	952	early childhood care, child care, home visitation and other related issues;
953	953	(b) managing and administering various programs serving young
954	954	children and families;
955	955	(c) maximizing administrative efficiencies to reduce burdens on
956	956	families and improve access to early childhood services;
957	957	(d) assisting the governor in developing and implementing a
958	958	comprehensive service delivery system for Kansas children and families;
959	959	(e) facilitating joint planning and coordination between the public and
960	960	private sector to better serve the needs of children and families and
961	961	increase access to care;
962	962	(f) ensuring consistent communication with service providers, parents
963	963	and other individuals and organizations interested in early childhood
964	964	services to effectively respond to parental and community need, provide
965	965	assistance navigating the state's early childhood system and elevate
966	966	parental options for care in the state's mixed-delivery system;
967	967	(g) supporting child care providers, including, but not limited to,
968	968	center-based providers, family child care home providers and employer-
969	969	based providers through the licensure process, participating in state child
970	970	care programs and accessing funding or grant opportunities;
971	971	(h) developing metrics to evaluate efficiency and effectiveness of the
972	972	state's early childhood system and collecting the necessary data to measure
973	973	those metrics;
974	974	(i) supporting the early childhood service providers through the
975	975	delivery of services that enhance the profession, uplift the profession and
976	976	support the creation of a sustainable workforce; and
977	977	(j) developing a comprehensive strategy to expand access to a greater
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1021	1021	quantity of high-quality affordable care and services across every region of
1022	1022	Kansas.
1023	1023	New Sec. 19. (a) The executive director of early childhood shall:
1024	1024	(1) Collect metrics and information on services available to children
1025	1025	and families to better measure the efficiency of the state's early childhood
1026	1026	system and monitor benchmarks related to positive outcomes for children
1027	1027	and families;
1028	1028	(2) prepare and implement plans for a comprehensive service delivery
1029	1029	system for children and families;
1030	1030	(3) facilitate and coordinate interagency cooperation toward the goal
1031	1031	of serving children and families with a variety of other state agencies, such
1032	1032	as the Kansas department for children and families, the department of
1033	1033	health and environment, the department of corrections, the state board of
1034	1034	education, the state board of regents and any other state office, department
1035	1035	or board providing services to Kansas children and families;
1036	1036	(4) provide a central contact for federal and state agencies concerning
1037	1037	early childhood care and related services;
1038	1038	(5) provide a central contact for information and assistance for
1039	1039	children, families, communities and businesses in need of early childhood
1040	1040	care and related services;
1041	1041	(6) serve as the primary contact for the Kansas legislature on policy,
1042	1042	administrative support and constituent services relating to early childhood
1043	1043	care and related services;
1044	1044	(7) enter into such contracts and agreements as necessary or
1045	1045	incidental to the performance of the powers and duties of the executive
1046	1046	director;
1047	1047	(8) charge and collect, by order, a fee necessary for the administration
1048	1048	and processing of paper documents, including, but not limited to,
1049	1049	applications, registrations, permits, licenses, certifications, renewals,
1050	1050	reports and remittance of fees that are necessary or incidental to the
1051	1051	execution of the laws relating to the Kansas office of early childhood;
1052	1052	(9) appoint and oversee directors of divisions within the office;
1053	1053	(10) transition the administration of the following programs to the
1054	1054	office:
1055	1055	(A) Child care assistance;
1056	1056	(B) children's initiative fund grants and early childhood block grants;
1057	1057	(C) day care facility licensing, youth development programs, school-
1058	1058	age programs and early youth care programs;
1059	1059	(D) children's cabinet accountability fund;
1060	1060	(E) child care quality;
1061	1061	(F) community-based child abuse prevention;
1062	1062	(G) child care capacity accelerator grants;
1063	1063	(H) children's cabinet administration;
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1107	1107	(I) early childhood infrastructure;
1108	1108	(J) early childhood integrated data systems;
1109	1109	(K) head start collaboration office;
1110	1110	(L) healthy families America;
1111	1111	(M) Kansas early head start child care partnership;
1112	1112	(N) Kansas early head start home visitation;
1113	1113	(O) Kansas imagination library;
1114	1114	(P) maternal and child health home visitation;
1115	1115	(Q) maternal, infant and early childhood home visitation;
1116	1116	(R) parents as teachers; and
1117	1117	(S) preschool development grant for children from birth through five
1118	1118	years of age.
1119	1119	(11) enter into agreements with the secretary of administration for the
1120	1120	provision of shared services, including, but not limited to, personnel and
1121	1121	other administrative services for the office;
1122	1122	(12) adopt, amend or revoke any rules and regulations necessary to
1123	1123	carry out this act and the programs and duties of the office; and
1124	1124	(13) prepare and submit an annual written report to relevant
1125	1125	legislative committees and to the governor that contains:
1126	1126	(A) The status of programs under the jurisdiction of the office of
1127	1127	early childhood;
1128	1128	(B) an overview of the fiscal and administrative structures required to
1129	1129	oversee the programs and services under the jurisdiction of the office of
1130	1130	early childhood;
1131	1131	(C) data and metrics on the service rates for children and families,
1132	1132	early childhood system efficiency, early childhood workforce and public-
1133	1133	private partnerships; and
1134	1134	(D) recommendations and considerations to improve delivery of early
1135	1135	childhood care and related services and support the healthy development
1136	1136	of Kansas children and families.
1137	1137	(b) The executive director shall not adopt rules and regulations or
1138	1138	policies requiring educational outcomes or curriculum for persons or
1139	1139	entities licensed pursuant to this act.
1140	1140	(c) Nothing in this section shall be construed to authorize the
1141	1141	executive director to administer the preschool programs in K.S.A. 72-
1142	1142	3215, 72-3410 and 72-5154, and amendments thereto.
1143	1143	(d) Subject to this act the executive director shall organize the Kansas
1144	1144	office of early childhood in the manner that the executive director deems
1145	1145	most efficient. The executive director may establish policies governing the
1146	1146	transaction of business of the office and the administration of each division
1147	1147	within the office. The director of each division shall perform such duties
1148	1148	and exercise such powers as the executive director may prescribe and such
1149	1149	duties and powers as are prescribed by law. Such directors shall act for and
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1193	1193	exercise the powers of the executive director to the extent that authority to
1194	1194	do so is delegated by the executive director.
1195	1195	New Sec. 20. (a) Except as otherwise provided by law, and subject to
1196	1196	the Kansas civil service act, the executive director shall appoint:
1197	1197	(1) Subordinate officers and employees as are necessary to enable the
1198	1198	director to exercise or perform the functions, powers and duties pursuant
1199	1199	to this act;
1200	1200	(2) the director of the division of child care;
1201	1201	(3) the director of the division of home visitation;
1202	1202	(4) the director of the division of head start collaboration; and
1203	1203	(5) the director of the Kansas children's cabinet.
1204	1204	(b) All subordinate officers and employees shall perform such duties
1205	1205	and exercise such powers as the executive director of the office may
1206	1206	prescribe and as perscribed by law, and shall act for and exercise the
1207	1207	powers of the executive director.
1208	1208	(c) Nothing in this section shall be construed to affect the status,
1209	1209	rights or benefits of civil service accrued or vested in any employee of the
1210	1210	Kansas children's cabinet, the Kansas department for children and families,
1211	1211	the department for health and environment or the state department of
1212	1212	education.
1213	1213	New Sec. 21. (a) (1) There is hereby established within and as a part
1214	1214	of the Kansas office of early childhood the division of child care. The
1215	1215	division shall oversee day care facility and child care resource and referral
1216	1216	agency licensing and child care finance and quality.
1217	1217	(2) The division of child care shall be administered by a director of
1218	1218	the division of child care, who shall be in the unclassified service under
1219	1219	the Kansas civil service act and appointed by the executive director.
1220	1220	(3) All of the powers, duties and functions of the existing day care
1221	1221	and child care resource and referral agency licensing programs pursuant to
1222	1222	this act within the division of public health of the department of health and
1223	1223	environment are hereby transferred to the division of child care.
1224	1224	(4) Whenever day care and child care resource and referral agency
1225	1225	licensing, or words of like effect, are referred to or designated by any
1226	1226	statute, rule and regulation, contract or any other document, including any
1227	1227	statute, rule and regulation, contract or any document created pursuant to
1228	1228	the authorities transferred by this section, such reference or designation
1229	1229	shall apply to the division of child care. The office of early childhood shall
1230	1230	serve as the state lead agency for child care and development fund
1231	1231	administration pursuant to 45 C.F.R. §§ 98.10 through 98.15.
1232	1232	(5) The division of child care may enter into agreements with the
1233	1233	Kansas department for children and families for the administration of child
1234	1234	care subsidy payments. If executed, such agreements shall require that the
1235	1235	secretary for children and families determine an applicant's eligibility for
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1279	1279	the child care subsidy according to K.S.A. 39-709, and amendments
1280	1280	thereto, and provide information pertaining to such eligible applicants to
1281	1281	the division for administration of such benefits.
1282	1282	(b) (1) There is hereby established within and as a part of the Kansas
1283	1283	office of early childhood the division of home visitation. The division shall
1284	1284	oversee home visitation programs.
1285	1285	(2) The division of home visitation shall be administered by a director
1286	1286	of the Kansas division of home visitation, who shall be in the unclassified
1287	1287	service under the Kansas civil service act and appointed by the executive
1288	1288	director.
1289	1289	(3) All of the powers, duties and functions of the existing home
1290	1290	visitation programs outlined in section 19, and amendments thereto, are
1291	1291	hereby transferred to the division of home visitation.
1292	1292	(4) Whenever the existing home visitation programs outlined in
1293	1293	section 19, and amendments thereto, or words of like effect, are referred to
1294	1294	or designated by any statute, rule and regulation, contract or any other
1295	1295	document, including any statute, rule and regulation, contract or any
1296	1296	document created pursuant to the authorities transferred by this section,
1297	1297	such reference or designation shall apply to the division of home
1298	1298	visitation.
1299	1299	(c) (1) There is hereby established within and as a part of the Kansas
1300	1300	office of early childhood the division of head start collaboration. The
1301	1301	division shall oversee the early head start home visitation program and
1302	1302	early head start child care partnerships.
1303	1303	(2) The division of head start collaboration shall be administered by a
1304	1304	director of the division of head start collaboration, who shall be in the
1305	1305	unclassified service under the Kansas civil service act and appointed by
1306	1306	the executive director.
1307	1307	(3) All of the powers, duties and functions of the existing head start
1308	1308	programs outlined in section 19, and amendments thereto, are hereby
1309	1309	transferred to the division of home visitation.
1310	1310	(4) Whenever the existing head start programs outlined in section 19,
1311	1311	and amendments thereto, or words of like effect, are referred to or
1312	1312	designated by any statute, rule and regulation, contract or any other
1313	1313	document, including any statute, rule and regulation, contract or any
1314	1314	document created pursuant to the authorities transferred by this section,
1315	1315	such reference or designation shall apply to the division of head start
1316	1316	collaboration.
1317	1317	(d) (1) There is hereby established within and as a part of the Kansas
1318	1318	office of early childhood a division that shall be the Kansas children's
1319	1319	cabinet established under K.S.A. 38-1901, and amendments thereto.
1320	1320	(2) The Kansas children's cabinet shall be administered by the
1321	1321	director of the Kansas children's cabinet, who shall be in the unclassified
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1365	1365	service under the Kansas civil service act and appointed by the executive
1366	1366	director.
1367	1367	(3) All of the powers, duties and functions of the existing Kansas
1368	1368	children's cabinet executive director are hereby transferred to the director
1369	1369	of the Kansas children's cabinet under the Kansas office of early
1370	1370	childhood.
1371	1371	New Sec. 22. (a) On or before July 1, 2026, except as otherwise
1372	1372	provided by this act, all rules and regulations, orders and directives of state
1373	1373	agencies related to the programs transferred by this act that are in effect on
1374	1374	the effective date of this act shall continue to be effective and shall be
1375	1375	deemed to be rules and regulations, orders and directives of the Kansas
1376	1376	office of early childhood until revised, amended, revoked or nullified
1377	1377	pursuant to law.
1378	1378	(b) (1) On or before July 1, 2026, the balances of all funds and
1379	1379	accounts appropriated or reappropriated that were used for or pertain to the
1380	1380	powers, duties and functions of programs transferred to the Kansas office
1381	1381	of early childhood pursuant to this act are hereby transferred within the
1382	1382	state treasury to the Kansas office of early childhood and shall be used for
1383	1383	the purpose for which the appropriation was originally made. The
1384	1384	executive director of the Kansas office of early childhood shall determine
1385	1385	and certify to the director of accounts and reports the amount in each
1386	1386	account of the state general fund or special revenue fund of state agencies
1387	1387	that have been determined by the executive director to be transferred.
1388	1388	Upon receipt of a certification pursuant to this paragraph, the director of
1389	1389	accounts and reports shall transfer the amount certified pursuant to this
1390	1390	paragraph from each account of the state general fund or special revenue
1391	1391	fund of a state agency that has been determined by the executive director
1392	1392	to be transferred.
1393	1393	(2) On or before July 1, 2026, the Kansas office of early childhood
1394	1394	shall succeed to all property, property rights and records of state agencies
1395	1395	that were used for or pertain to the powers, duties and functions of the
1396	1396	programs transferred to the Kansas office of early childhood pursuant to
1397	1397	this act.
1398	1398	(3) On or before July 1, 2026, any conflict as to the proper disposition
1399	1399	of the unexpended balance of any appropriation, property, property rights,
1400	1400	personnel or records as a result of the transfer of programs to the Kansas
1401	1401	office of early childhood pursuant to this act arising under this subsection
1402	1402	shall be determined by the governor.
1403	1403	(c) (1) On or after July 1, 2026, no suit, action or other proceeding,
1404	1404	judicial or administrative, lawfully commenced, or that could have been
1405	1405	commenced, by or against any state agency or program mentioned in this
1406	1406	act or by or against any officer of the state in such officer's official duties,
1407	1407	shall abate by reason of this act. The court may allow any such suit, action
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1451	1451	or other proceeding to be maintained by or against the successor of any
1452	1452	such state agency or any officer affected.
1453	1453	(2) On or after July 1, 2026, no criminal action commenced or that
1454	1454	could have been commenced by the state shall abate by the taking effect of
1455	1455	this act.
1456	1456	(d) (1) On or before July 1, 2026, all officers and employees of the
1457	1457	state agencies related to the programs transferred in this act who,
1458	1458	immediately prior to the effective date of this act, are engaged in the
1459	1459	exercise and performance of the powers, duties and functions transferred
1460	1460	by this act, as well as all officers and employees of the state agencies
1461	1461	related to the programs transferred in this act who are determined by
1462	1462	executive director of the Kansas office of early childhood to be engaged in
1463	1463	providing administrative, technical or other support services that are
1464	1464	essential to the exercise and performance of the powers, duties and
1465	1465	functions transferred by this act, are hereby transferred to the Kansas
1466	1466	office of early childhood. All classified officers and employees so
1467	1467	transferred shall retain their status as classified employees.
1468	1468	(2) On or before July 1, 2026, officers and employees transferred by
1469	1469	this act shall retain all retirement benefits and leave balances and rights
1470	1470	that had accrued or vested prior to the date of transfer. The service of each
1471	1471	such officer or employee so transferred shall be deemed to have been
1472	1472	continuous. Any subsequent transfers, layoffs or abolition of classified
1473	1473	service positions under the Kansas civil service act shall be made in
1474	1474	accordance with the civil service laws and any rules and regulations
1475	1475	adopted thereunder. Nothing in this act shall affect the classified status of
1476	1476	any transferred person employed prior to the date of this transfer.
1477	1477	(3) On or before July 1, 2026, notwithstanding the effective date of
1478	1478	this act, the provisions of this act prescribing the transfer of officers and
1479	1479	employees to the Kansas office of early childhood established by this act,
1480	1480	the date of transfer of each such officer or employee shall commence at the
1481	1481	start of a payroll period.
1482	1482	New Sec. 23. (a) It shall be unlawful for any person, firm,
1483	1483	corporation or association to conduct or maintain a day care facility for
1484	1484	children under 16 years of age without having a license or temporary
1485	1485	permit therefor from the executive director of the Kansas office of early
1486	1486	childhood. Nothing in this act shall apply to:
1487	1487	(1) A residential facility or hospital that is operated and maintained
1488	1488	by a state agency as defined in K.S.A. 75-3701, and amendments thereto;
1489	1489	(2) child care facilities as defined in K.S.A. 65-503, and amendments
1490	1490	thereto; or
1491	1491	(3) a summer instructional camp that:
1492	1492	(A) Is operated by a Kansas educational institution as defined in
1493	1493	K.S.A. 74-32,120, and amendments thereto, or a postsecondary
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1537	1537	educational institution as defined in K.S.A. 74-3201b, and amendments
1538	1538	thereto;
1539	1539	(B) is operated for not more than five weeks;
1540	1540	(C) provides instruction to children, all of whom are 10 years of age
1541	1541	or older; and
1542	1542	(D) is accredited by an agency or organization acceptable to the
1543	1543	executive director of the Kansas office of early childhood.
1544	1544	(b) This section shall take effect on and after July 1, 2026.
1545	1545	New Sec. 24. (a) As used in this act:
1546	1546	(1) "Act" means sections 2, 4, 6, 8, 10, 12, 14, 16 through 45, and
1547	1547	amendments thereto.
1548	1548	(2) "Assistant teacher" means a staff member of a child care center
1549	1549	who meets requirements specified in section 2, and amendments thereto,
1550	1550	and is responsible for assisting the lead teacher in the care of children.
1551	1551	(3) "Child care center" means a facility that meets child care center
1552	1552	regulations and provides care and educational activities for children.
1553	1553	(4) "Child care home" means the premises where care is provided for
1554	1554	children at a residence.
1555	1555	(5) "Child care resource and referral agency" means a business or
1556	1556	service conducted, maintained or operated by a person engaged in
1557	1557	providing resource and referral services, including information on specific
1558	1558	services provided by child care facilities, to assist parents to find child
1559	1559	care.
1560	1560	(6) (A) "Day care facility" means a day care home, preschool, child
1561	1561	care center, school-age program, youth development program or other
1562	1562	facility of a type determined by the executive director to require regulation
1563	1563	under this act.
1564	1564	(B) "Day care facility" does not include an individual who provides
1565	1565	care for less than 35 hours per week to four or fewer children, not more
1566	1566	than two of whom may be infants, who are not related to the individual by
1567	1567	blood, marriage or legal adoption.
1568	1568	(7) "Employee" means a person working, regularly volunteering or
1569	1569	residing in a day care facility.
1570	1570	(8) "Infant" means a child who is between two weeks and 12 months
1571	1571	of age or a child older than 12 months who has not yet learned to walk.
1572	1572	(9) "Lead teacher" means an individual who meets the requirements
1573	1573	of section 1, and amendments thereto, and can independently staff any unit
1574	1574	in a child care center.
1575	1575	(10) "Licensure year" means the period of time beginning on the
1576	1576	effective date and ending on the expiration date of a license.
1577	1577	(11) "Person" means any individual, association, partnership,
1578	1578	corporation, government, governmental subdivision or other entity.
1579	1579	(12) "Program director" means the staff member of a child care center
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1623	1623	who meets the requirements of section 2, and amendments thereto, and
1624	1624	who is responsible for implementing and supervising the comprehensive
1625	1625	and coordinated plan of activities that provide for the education, care,
1626	1626	protection and development of children who attend a child care center.
1627	1627	(13) "School-age" means a child who will be at least six years of age
1628	1628	on or before the first day of September of any school year but is under 16
1629	1629	years of age.
1630	1630	(14) "Unit" means the number of children who may be present in one
1631	1631	group in a child care center.
1632	1632	(15) "Youth development program" means the same as defined in
1633	1633	section 40, and amendments thereto.
1634	1634	(b) This section shall take effect on and after July 1, 2026.
1635	1635	New Sec. 25. (a) The executive director of the Kansas office of early
1636	1636	childhood shall have the power to grant a license to a person to maintain a
1637	1637	day care facility for children under 16 years of age. A license granted to
1638	1638	maintain a day care facility shall state the name of the licensee, describe
1639	1639	the particular premises in or at which the business shall be carried on,
1640	1640	whether it shall receive and care for children, and the number of children
1641	1641	that may be cared for at any one time. No greater number of children than
1642	1642	is authorized in the license shall be kept on such premises, and the
1643	1643	business shall not be carried on in a building or place not designated in the
1644	1644	license. The license shall be kept posted in a conspicuous place on such
1645	1645	premises, where the business is conducted. A license granted to maintain a
1646	1646	day care facility shall have on its face an expiration sticker stating the date
1647	1647	of expiration of the license.
1648	1648	(b) The executive director of the Kansas office of early childhood
1649	1649	shall not grant a license in any case until careful inspection of the day care
1650	1650	facility has been made according to the terms of this act and until such day
1651	1651	care facility has complied with all the requirements of this act. The
1652	1652	executive director of the Kansas office of early childhood may issue a
1653	1653	temporary permit to operate for a period of not to exceed 90 days upon
1654	1654	receipt of an initial application for license. The executive director of the
1655	1655	Kansas office of early childhood may extend the temporary permit to
1656	1656	operate for an additional period of not to exceed 90 days if an applicant is
1657	1657	not in full compliance with this act but has made efforts toward full
1658	1658	compliance.
1659	1659	(c) (1) In all cases where the secretary for children and families
1660	1660	deems it necessary, an investigation of the day care facility shall be made
1661	1661	under the supervision of the secretary for children and families or other
1662	1662	designated qualified agents. For that purpose and for any subsequent
1663	1663	investigations, such agents shall have the right of entry and access to the
1664	1664	premises of the facility and to any information deemed necessary for the
1665	1665	completion of the investigation. In all cases where an investigation is
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1709	1709	made, a report of the investigation of such facility shall be filed with the
1710	1710	executive director of the Kansas office of early childhood.
1711	1711	(2) In cases where neither approval nor disapproval can be given
1712	1712	within a period of 30 days following a formal request for such a study, the
1713	1713	executive director of the Kansas office of early childhood may issue a
1714	1714	temporary license without a fee, pending final approval or disapproval of
1715	1715	the center or facility.
1716	1716	(d) Whenever the executive director of the Kansas office of early
1717	1717	childhood refuses to grant a license to an applicant, the executive director
1718	1718	of the Kansas office of early childhood shall issue an order to that effect,
1719	1719	stating the reasons for such denial and, within five days after the issuance
1720	1720	of such order, notify the applicant of the refusal. Upon application and not
1721	1721	more than 15 days after the date of issuance of such order, a hearing on the
1722	1722	order shall be held in accordance with the Kansas administrative procedure
1723	1723	act.
1724	1724	(e) When the executive director of the Kansas office of early
1725	1725	childhood finds, upon investigation or is advised by the secretary for
1726	1726	children and families, that K.S.A. 59-2123, and amendments thereto, or
1727	1727	this act are being violated or the day care facility is maintained without
1728	1728	due regard to the health, safety or welfare of any child, the executive
1729	1729	director of the Kansas office of early childhood may issue an order
1730	1730	revoking such license after giving notice and conducting a hearing in
1731	1731	accordance with the Kansas administrative procedure act. Such order shall
1732	1732	clearly state the reason for the revocation.
1733	1733	(f) If the executive director revokes or refuses to renew a license, the
1734	1734	licensee who had a license revoked or not renewed shall not be eligible to
1735	1735	apply for a license for a period of one year subsequent to the date such
1736	1736	revocation or refusal to renew becomes final. If the executive director
1737	1737	revokes or refuses to renew a license of a licensee who is a repeat violator
1738	1738	for three or more times of statutory requirements or rules and regulations
1739	1739	or is found to have contributed to the death or serious bodily harm of a
1740	1740	child under such licensee's care, such licensee shall be permanently
1741	1741	prohibited from applying for a new license to provide child care or from
1742	1742	seeking employment under another licensee.
1743	1743	(g) Any applicant or licensee aggrieved by a final order of the
1744	1744	executive director of the Kansas office of early childhood denying or
1745	1745	revoking a license under this act may appeal the order in accordance with
1746	1746	the Kansas judicial review act.
1747	1747	(h) This section shall take effect on and after July 1, 2026.
1748	1748	New Sec. 26. (a) The annual fee for a license to conduct a day care
1749	1749	facility or child care resource and referral agency shall be fixed by the
1750	1750	executive director of the Kansas office of early childhood by rules and
1751	1751	regulations in an amount not to exceed the following:
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1795	1795	(1) For a child care resource and referral agency, $150; and
1796	1796	(2) for any day care facility subject to this act, there shall be no
1797	1797	annual fee for a license to conduct a child care facility.
1798	1798	(b) The license fee shall be paid to the executive director of the
1799	1799	Kansas office of early childhood when the license is applied for and
1800	1800	annually thereafter. The fee shall not be refundable. Fees in effect under
1801	1801	subsection (a) immediately prior to July 1, 2026, shall continue in effect on
1802	1802	and after July 1, 2026, until a different fee is established by the executive
1803	1803	director of the Kansas office of early childhood by rules and regulations.
1804	1804	(c) Any licensee who fails to renew such license within 30 days after
1805	1805	the expiration of the license shall pay to the executive director the renewal
1806	1806	fee plus a late fee in an amount of $75 or an amount equal to the fee for
1807	1807	the renewal of a license, whichever is greater.
1808	1808	(d) Any licensee applying for an amended license shall pay to the
1809	1809	executive director of the Kansas office of early childhood a fee established
1810	1810	by rules and regulations of the executive director in an amount of not to
1811	1811	exceed $35.
1812	1812	(e) There is hereby created the day care facilities and child care
1813	1813	resource and referral agencies licensing fee fund. The executive director of
1814	1814	the Kansas office of early childhood shall remit all moneys received by the
1815	1815	executive director from fees under this section to the state treasurer in
1816	1816	accordance with K.S.A. 75-4215, and amendments thereto. Upon receipt
1817	1817	of each such remittance, the state treasurer, notwithstanding any other law
1818	1818	to the contrary, shall deposit the entire amount in the state treasury to the
1819	1819	credit of the day care facilities and child care resource and referral
1820	1820	agencies licensing fee fund. All expenditures from the day care facilities
1821	1821	and child care resource and referral agencies licensing fee fund shall be
1822	1822	made only for the purposes of this act in accordance with appropriation
1823	1823	acts upon warrants of the director of accounts and reports issued pursuant
1824	1824	to vouchers approved by the executive director of the Kansas office of
1825	1825	early childhood or by the executive director's designee. Notwithstanding
1826	1826	any other law to the contrary, no moneys shall be transferred or otherwise
1827	1827	revert from this fund to the state general fund by appropriation act or other
1828	1828	act of the legislature. Moneys available under this section by the creation
1829	1829	of the day care facilities or child care resource and referral agencies
1830	1830	licensing fee fund shall not be substituted for or used to reduce or
1831	1831	eliminate moneys available to the Kansas office of early childhood to
1832	1832	administer this act. Nothing in this act shall be construed to authorize a
1833	1833	reduction or elimination of moneys made available by the state to local
1834	1834	units of government for the purposes of this act.
1835	1835	(f) This section shall take effect on and after July 1, 2026.
1836	1836	New Sec. 27. (a) The executive director of the Kansas office of early
1837	1837	childhood shall serve notice of the issuance, limitation, modification,
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1879	1879	42
1880	1880	43 HB 2294 23
1881	1881	suspension or revocation of a license to conduct a day care facility to the
1882	1882	secretary for children and families, the secretary of corrections, state
1883	1883	department of education, office of the state fire marshal, county, city-
1884	1884	county or multi-county department of health and any licensed child
1885	1885	placement agency or licensed child care resource and referral agency
1886	1886	serving the area where the facility is located. A day care facility or child
1887	1887	care resource and referral agency that has had a license limited, modified,
1888	1888	suspended, revoked or denied by the executive director of the Kansas
1889	1889	office of early childhood shall notify in writing the parents or guardians of
1890	1890	the enrollees of the limitation, modification, suspension, revocation or
1891	1891	denial. Neither the secretary for children and families nor any other person
1892	1892	shall place or cause to be placed any child under 16 years of age in any
1893	1893	day care facility or child care resource and referral agency that is not
1894	1894	licensed by the executive director of the Kansas office of early childhood.
1895	1895	(b) This section shall take effect on and after July 1, 2026.
1896	1896	New Sec. 28. (a) Each day care facility licensee shall keep a record
1897	1897	upon forms prescribed and provided by the executive director of the
1898	1898	Kansas office of early childhood. Such record shall include the name and
1899	1899	age of each child received and cared for in the facility together with the
1900	1900	names and addresses of the parents or guardians of such children and such
1901	1901	other information as the executive director of the Kansas office of early
1902	1902	childhood may require. Each day care facility licensee shall apply to and
1903	1903	shall receive without charge from the executive director of the Kansas
1904	1904	office of early childhood forms for such records as may be required. Such
1905	1905	forms shall contain a copy of this act.
1906	1906	(b) Information obtained under this section shall be confidential and
1907	1907	shall not be made public in a manner that would identify an individual.
1908	1908	(c) This section shall take effect on and after July 1, 2026.
1909	1909	New Sec. 29. (a) Each day care facility subject to this act shall:
1910	1910	(1) Be properly heated, plumbed, lighted and ventilated;
1911	1911	(2) have plumbing, water and sewerage systems that conform to all
1912	1912	applicable state and local laws; and
1913	1913	(3) be operated with strict regard to the health, safety and welfare of
1914	1914	each child.
1915	1915	(b) (1) Every day care facility shall furnish or cause to be furnished
1916	1916	for the use of each employee an individual towel, washcloth or disposable
1917	1917	towel, comb and individual drinking cup or sanitary bubbling fountain,
1918	1918	and toothbrushes for all children other than infants, and keep or require
1919	1919	such articles to be kept at all times in a clean and sanitary condition.
1920	1920	(2) Toothbrushes in a day care facility may be used after meals or as
1921	1921	appropriate.
1922	1922	(3) Every day care facility or child care resource and referral agency
1923	1923	shall comply with all applicable fire codes and rules and regulations of the
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1966	1966	43 HB 2294 24
1967	1967	state fire marshal.
1968	1968	(c) The executive director of the Kansas office of early childhood
1969	1969	shall develop and adopt rules and regulations for the operation and
1970	1970	maintenance of day care facilities. The rules and regulations for operating
1971	1971	and maintaining day care facilities shall be designed to promote the health,
1972	1972	safety and welfare of any child served in such facilities by ensuring safe
1973	1973	and adequate physical surroundings, healthful food, adequate
1974	1974	handwashing, safe storage of toxic substances and hazardous chemicals,
1975	1975	sanitary diapering and toileting, home sanitation, supervision and care of
1976	1976	the residents by capable, qualified persons of sufficient number, after-hour
1977	1977	care, an adequate program of activities and services, sudden infant death
1978	1978	syndrome and safe sleep practices training, prohibition on corporal
1979	1979	punishment, crib safety, protection from electrical hazards, protection from
1980	1980	swimming pools and other water sources, fire drills, emergency plans,
1981	1981	safety of outdoor playground surfaces, door locks, safety gates and
1982	1982	transportation and such appropriate parental participation as may be
1983	1983	feasible under the circumstances.
1984	1984	(d) In addition to any rules and regulations adopted under this section
1985	1985	for safe sleep practices, a day care facility shall ensure that all of the
1986	1986	following requirements are met for children under 12 months of age:
1987	1987	(1) A child shall only be placed to sleep on a surface and in an area
1988	1988	that has been approved for use as such by the executive director of the
1989	1989	Kansas office of early childhood;
1990	1990	(2) the sleep surface shall be free from soft or loose bedding,
1991	1991	including, but not limited to, blankets, bumpers and pillows; and
1992	1992	(3) the sleep surface shall be free from toys, including mobiles and
1993	1993	other types of play equipment or devices.
1994	1994	(e) A day care facility shall ensure that children over 12 months of
1995	1995	age only be placed to sleep on a surface and in an area that has been
1996	1996	approved for use as such by the executive director of the Kansas office of
1997	1997	early childhood.
1998	1998	(f) The executive director of the Kansas office of early childhood
1999	1999	may exercise discretion to make exceptions to requirements in subsections
2000	2000	(d) and (e) where special health needs exist.
2001	2001	(g) Each child cared for in a day care facility, including children of
2002	2002	the person maintaining the facility, shall be required to have current
2003	2003	immunizations as the secretary of health and environment considers
2004	2004	necessary. The person maintaining a day care facility shall maintain a
2005	2005	record of each child's immunizations and provide to the secretary of health
2006	2006	and environment and the executive director of the Kansas office of early
2007	2007	childhood such information relating thereto, in accordance with rules and
2008	2008	regulations of the secretary of health and environment and executive
2009	2009	director, except that the person maintaining a day care facility shall not
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2052	2052	43 HB 2294 25
2053	2053	have such person's license revoked solely for the failure to have or
2054	2054	maintain the immunization records required by this subsection.
2055	2055	(h) The immunization requirement of subsection (g) shall not apply if
2056	2056	one of the following is obtained:
2057	2057	(1) Certification from a licensed physician stating that the physical
2058	2058	condition of the child is such that immunization would endanger the child's
2059	2059	life or health; or
2060	2060	(2) a written statement signed by a parent or guardian that the parent
2061	2061	or guardian is an adherent of a religious denomination whose teachings are
2062	2062	opposed to immunizations.
2063	2063	(i) This section shall take effect on and after July 1, 2026.
2064	2064	New Sec. 30. (a) It shall be unlawful for any day care facility to
2065	2065	receive or care for any adult except as authorized by rules and regulations
2066	2066	adopted by the secretary of health and environment and the executive
2067	2067	director of the Kansas office of early childhood.
2068	2068	(b) This section shall take effect on and after July 1, 2026.
2069	2069	New Sec. 31. (a) It is hereby made the duty of the executive director
2070	2070	of the Kansas office of early childhood to inspect or cause to be inspected
2071	2071	on or after July 1, 2026, and once every 12 months thereafter, every day
2072	2072	care facility, unless otherwise provided in subsection (b). For the purpose
2073	2073	of inspection, the executive director or the executive director's authorized
2074	2074	agent, as an employee of the executive director or who has a contract with
2075	2075	the executive director to provide inspections pursuant to this act and who
2076	2076	holds a certificate issued pursuant to subsection (c), shall have the right of
2077	2077	entry and access to every department and every place in the premises, to
2078	2078	call for and examine the records that are required to be kept according to
2079	2079	this act and to make and preserve a record of every inspection. The
2080	2080	licensee shall give all reasonable information to the authorized agent of the
2081	2081	executive director of the Kansas office of early childhood and afford every
2082	2082	reasonable facility for viewing the premises and seeing the children
2083	2083	therein. No such child, without the consent of the child, shall be required
2084	2084	to be interviewed by any agent unless the agent is an authorized person.
2085	2085	(b) The executive director of the Kansas office of early childhood
2086	2086	shall conduct an inspection of any day care facility upon receiving a
2087	2087	complaint. Any new day care facility shall be inspected prior to issuance of
2088	2088	a license. The executive director may conduct an inspection of any day
2089	2089	care facility that has a record of repeated complaints or serious violations
2090	2090	at any time. Every 12 months, the executive director shall inspect any day
2091	2091	care facility that provides services to military families receiving military
2092	2092	assistance for child care.
2093	2093	(c) (1) The executive director shall create a surveyor certification and
2094	2094	provide a minimum of yearly continuing education to qualify for such
2095	2095	certification.
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2138	2138	43 HB 2294 26
2139	2139	(2) If a surveyor fails to comply with the certification requirements
2140	2140	established by the executive director pursuant to paragraph (1), the
2141	2141	executive director may require such surveyor to complete an improvement
2142	2142	plan.
2143	2143	(3) If such surveyor does not satisfactorily complete the improvement
2144	2144	plan, the executive director may terminate such surveyor's current
2145	2145	certification.
2146	2146	(d) Persons conducting inspections and surveys pursuant to this act
2147	2147	shall hold a certification issued by the executive director.
2148	2148	(e) This section shall take effect on and after July 1, 2026.
2149	2149	New Sec. 32. (a) Whenever an authorized agent of the executive
2150	2150	director of the Kansas office of early childhood or the secretary for
2151	2151	children and families finds a day care facility that is not being conducted
2152	2152	according to law, it shall be the duty of such agent to notify the licensee in
2153	2153	writing of changes or alterations as such agent determines is necessary in
2154	2154	order to comply with the requirements of the law, and such agent shall file
2155	2155	a copy of such notice with the executive director of the Kansas office of
2156	2156	early childhood. It shall thereupon be the duty of the licensee to make such
2157	2157	changes or alterations as are contained in the written notice within five
2158	2158	days from the receipt of such notice. Notice shall be given in accordance
2159	2159	with the Kansas administrative procedure act.
2160	2160	(b) This section shall take effect on and after July 1, 2026.
2161	2161	New Sec. 33. (a) Any person, firm, corporation or association that
2162	2162	violates this act shall be guilty of a misdemeanor and, upon conviction,
2163	2163	shall be fined not less than $5 but not more than $50. Each and every day
2164	2164	that the person fails or refuses to comply with such provisions shall be
2165	2165	deemed a separate offense under this act. If, for 30 days after any final
2166	2166	conviction for such violation or revocation of license, the person still fails
2167	2167	or refuses to comply with the orders in the notice under section 32, and
2168	2168	amendments thereto, upon notice and a hearing in accordance with the
2169	2169	Kansas administrative procedure act, the building or premises where such
2170	2170	day care facility is conducted may be closed until such person has
2171	2171	complied with this act.
2172	2172	(b) This section shall take effect on and after July 1, 2026.
2173	2173	New Sec. 34. (a) Upon complaint of any authorized agent of the
2174	2174	executive director of the Kansas office of early childhood, the county
2175	2175	attorney of each county in this state is hereby authorized and required to
2176	2176	file a complaint and prosecute to the final determination all actions or
2177	2177	proceedings against any person under this act.
2178	2178	(b) This section shall take effect on and after July 1, 2026.
2179	2179	New Sec. 35. (a) No person shall knowingly maintain a day care
2180	2180	facility if an employee in this state or in other states or the federal
2181	2181	government:
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2224	2224	43 HB 2294 27
2225	2225	(1) (A) Has been convicted of a crime that is classified as a person
2226	2226	felony under the Kansas criminal code;
2227	2227	(B) has been convicted of a felony under K.S.A. 2010 Supp. 21-
2228	2228	36a01 through 21-36a17, prior to their transfer, or article 57 of chapter 21
2229	2229	of the Kansas Statutes Annotated, and amendments thereto, or any felony
2230	2230	violation of any provision of the uniform controlled substances act prior to
2231	2231	July 1, 2009;
2232	2232	(C) has been convicted of any act that is described in articles 34, 35
2233	2233	or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal,
2234	2234	or article 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, and
2235	2235	amendments thereto, or K.S.A. 21-6104, 21-6325, 21-6326, 21-6418
2236	2236	through 21-6422 or 21-6424, and amendments thereto, or been convicted
2237	2237	of an attempt under K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-5301,
2238	2238	and amendments thereto, to commit any such act or been convicted of
2239	2239	conspiracy under K.S.A. 21-3302, prior to its repeal, or K.S.A. 21-5302,
2240	2240	and amendments thereto, to commit such act, or similar statutes of any
2241	2241	other state or the federal government;
2242	2242	(D) has been convicted of any act that is described in K.S.A. 21-4301
2243	2243	or 21-4301a, prior to their repeal, or K.S.A. 21-6401, and amendments
2244	2244	thereto, or similar statutes of any other state or the federal government; or
2245	2245	(E) has been convicted of any act that is described in K.S.A. 21-3718
2246	2246	or 21-3719, prior to their repeal, or K.S.A. 21-5812, and amendments
2247	2247	thereto, or similar statutes of any other state or the federal government;
2248	2248	(2) except as provided in subsection (b), has been adjudicated a
2249	2249	juvenile offender because of having committed an act that if done by an
2250	2250	adult would constitute the commission of a felony and that is a crime
2251	2251	against persons, is any act described in articles 34, 35 or 36 of chapter 21
2252	2252	of the Kansas Statutes Annotated, prior to their repeal, or article 54, 55 or
2253	2253	56 of chapter 21 of the Kansas Statutes Annotated, and amendments
2254	2254	thereto, or K.S.A. 21-6104, 21-6325, 21-6326, 21-6418 through 21-6422
2255	2255	or 21-6424, and amendments thereto, or similar statutes of any other state
2256	2256	or the federal government, or is any act described in K.S.A. 21-4301 or 21-
2257	2257	4301a, prior to their repeal, or K.S.A. 21-6401, and amendments thereto,
2258	2258	or similar statutes of any other state or the federal government;
2259	2259	(3) has been convicted or adjudicated of a crime that requires
2260	2260	registration as a sex offender under the Kansas offender registration act,
2261	2261	K.S.A. 22-4901 et seq., and amendments thereto, as a sex offender in any
2262	2262	other state or on the national sex offender registry;
2263	2263	(4) has committed an act of physical, mental or emotional abuse or
2264	2264	neglect or sexual abuse and who is listed in the child abuse and neglect
2265	2265	registry maintained by the Kansas department for children and families
2266	2266	pursuant to K.S.A. 38-2226, and amendments thereto, or any similar child
2267	2267	abuse and neglect registries maintained by any other state or the federal
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2307	2307	40
2308	2308	41
2309	2309	42
2310	2310	43 HB 2294 28
2311	2311	government and:
2312	2312	(A) Has failed to successfully complete a corrective action plan that
2313	2313	has been deemed appropriate and approved by the Kansas department for
2314	2314	children and families or requirements of similar entities in any other state
2315	2315	or the federal government; or
2316	2316	(B) such person's record has not been expunged;
2317	2317	(5) has had a child removed from the home based on a court order
2318	2318	pursuant to K.S.A. 38-2251, and amendments thereto, in this state, or a
2319	2319	court order from any other state based upon a similar statute that finds the
2320	2320	child to be deprived or a child in need of care based on a finding of
2321	2321	physical, mental or emotional abuse or neglect or sexual abuse and the
2322	2322	child has not been returned to the home or the child has reached the age of
2323	2323	majority before being returned to the home and such person has failed to
2324	2324	satisfactorily complete a corrective action plan approved by the
2325	2325	department of health and environment;
2326	2326	(6) has had parental rights terminated pursuant to the Kansas juvenile
2327	2327	code or K.S.A. 38-2266 through 38-2270, and amendments thereto, or a
2328	2328	similar statute of other states;
2329	2329	(7) has signed a diversion agreement pursuant to K.S.A. 22-2906 et
2330	2330	seq., and amendments thereto, or an immediate intervention agreement
2331	2331	pursuant to K.S.A. 38-2346, and amendments thereto, involving a charge
2332	2332	of child abuse or a sexual offense; or
2333	2333	(8) has an infectious or contagious disease.
2334	2334	(b) Notwithstanding the provisions in subsection (a), no person shall
2335	2335	maintain a day care facility if such person has been found to be a person in
2336	2336	need of a guardian or a conservator, or both, as provided in K.S.A. 59-
2337	2337	3050 through 59-3095, and amendments thereto.
2338	2338	(c) Any person who resides in a day care facility and who has been
2339	2339	found to be in need of a guardian or a conservator, or both, shall be
2340	2340	counted in the total number of children allowed in care.
2341	2341	(d) In accordance with this subsection, the executive director of the
2342	2342	Kansas office of early childhood shall have access to any court orders or
2343	2343	adjudications of any court of record, any records of such orders or
2344	2344	adjudications, criminal history record information, including, but not
2345	2345	limited to, diversion agreements in the possession of the Kansas bureau of
2346	2346	investigation and any report of investigations as authorized by K.S.A. 38-
2347	2347	2226, and amendments thereto, or the Kansas department for children and
2348	2348	families or court of this state concerning employees in a day care facility.
2349	2349	The executive director shall have access to these records for the purpose of
2350	2350	determining whether or not the home meets the requirements of this
2351	2351	section, K.S.A. 59-2132, and amendments thereto, and sections 24 and 29,
2352	2352	and amendments thereto.
2353	2353	(e) In accordance with this subsection, the executive director is
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2397	2397	authorized to conduct national criminal history record checks to determine
2398	2398	criminal history on employees in a day care facility. In order to conduct a
2399	2399	national criminal history check, the executive director shall require
2400	2400	fingerprinting for identification and determination of criminal history in
2401	2401	accordance with K.S.A. 22-4714, and amendments thereto.
2402	2402	(f) (1) The executive director of the Kansas office of early childhood
2403	2403	shall adopt rules and regulations to fix a fee for fingerprinting employees
2404	2404	in a day care facility, as may be required by the Kansas office of early
2405	2405	childhood to reimburse the Kansas office of early childhood for the cost of
2406	2406	the fingerprinting.
2407	2407	(2) The executive director shall remit all moneys received from the
2408	2408	fees established under this section to the state treasurer in accordance with
2409	2409	K.S.A. 72-4215, and amendments thereto. Upon receipt of each such
2410	2410	remittance, the state treasurer shall deposit the entire amount in the state
2411	2411	treasury to the credit of the child care criminal background and
2412	2412	fingerprinting fund.
2413	2413	(h) The day care criminal background and fingerprinting fund is
2414	2414	hereby created in the state treasury to be administered by the executive
2415	2415	director of the Kansas office of early childhood. All moneys credited to the
2416	2416	day care criminal background and fingerprinting fund shall be used to pay
2417	2417	local and state law enforcement officers and agencies for the processing of
2418	2418	fingerprints and criminal history background checks for the Kansas office
2419	2419	of early childhood. All expenditures from the day care criminal
2420	2420	background and fingerprinting fund shall be made in accordance with
2421	2421	appropriation acts upon warrants of the director of accounts and reports
2422	2422	issued pursuant to vouchers approved by the executive director or the
2423	2423	executive director's designee.
2424	2424	(i) The executive director shall notify the day care applicant or
2425	2425	licensee within seven days by certified mail, with return receipt requested,
2426	2426	when the result of the national criminal history record check or other
2427	2427	appropriate review reveals unfitness specified in subsection (a)(1) through
2428	2428	(a)(8) of the person who is the subject of the review.
2429	2429	(j) No day care facility or the employees thereof shall be liable for
2430	2430	civil damages to any person who is refused employment or discharged
2431	2431	from employment by reason of such facility's compliance with this section,
2432	2432	if such facility acts in good faith to comply with this section.
2433	2433	(k) For the purpose of subsection (a)(3), a person listed in the child
2434	2434	abuse and neglect central registry shall not be prohibited from being an
2435	2435	employee in a day care facility unless such person has:
2436	2436	(1) Had an opportunity to be interviewed and present information
2437	2437	during the investigation of the alleged act of abuse or neglect; and
2438	2438	(2) been given notice of the agency decision and an opportunity to
2439	2439	appeal such decision to the executive director and to the courts pursuant to
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2483	2483	the Kansas judicial review act.
2484	2484	(l) No person shall maintain a day care facility unless such person is a
2485	2485	high school graduate or the equivalent thereof, except that, if extraordinary
2486	2486	circumstances exist, the executive director of the Kansas office of early
2487	2487	childhood may exercise discretion to make exceptions from this
2488	2488	requirement. This subsection shall not apply to any person who was
2489	2489	maintaining a day care facility on the day immediately prior to July 1,
2490	2490	2010.
2491	2491	(m) This section shall take effect on and after July 1, 2026.
2492	2492	New Sec. 36. (a) The executive director may limit, modify or suspend
2493	2493	any license or temporary permit issued under sections 23 through 35, and
2494	2494	amendments thereto, upon any of the following grounds and in the manner
2495	2495	provided in this act:
2496	2496	(1) Violation by the licensee or holder of a temporary permit of any
2497	2497	provision of this act, or of the rules and regulations promulgated under this
2498	2498	act;
2499	2499	(2) aiding, abetting or permitting the violation of any provision of this
2500	2500	act or of the rules and regulations promulgated under this act;
2501	2501	(3) conduct in the operation or maintenance, or both the operation and
2502	2502	maintenance, of a day care facility that is inimical to the health, safety or
2503	2503	welfare of any child receiving services from such day care facility or to the
2504	2504	public;
2505	2505	(4) the conviction of a licensee or holder of a temporary permit, at
2506	2506	any time during licensure or during the time that the temporary permit is in
2507	2507	effect, of crimes as defined in section 35, and amendments thereto; and
2508	2508	(5) a third or subsequent violation by the licensee or holder of a
2509	2509	temporary permit of section 42(b), and amendments thereto.
2510	2510	(b) This section shall take effect on and after July 1, 2026.
2511	2511	New Sec. 37. (a) The executive director may limit, modify or suspend
2512	2512	any license or temporary permit issued under sections 25 through 35, and
2513	2513	amendments thereto, prior to any hearing when, in the opinion of the
2514	2514	executive director, the action is necessary to protect any child in the day
2515	2515	care facility from physical or mental abuse, abandonment or any other
2516	2516	substantial threat to health, safety or welfare. Administrative proceedings
2517	2517	under this section shall be conducted in accordance with the emergency
2518	2518	adjudicative proceedings of the Kansas administrative procedure act and in
2519	2519	accordance with other relevant provisions of the Kansas administrative
2520	2520	procedure act.
2521	2521	(b) This section shall take effect on and after July 1, 2026.
2522	2522	New Sec. 38. (a) Records in the possession of the executive director
2523	2523	of early childhood or such director's agents regarding day care facilities
2524	2524	shall not be released publicly in a manner that would identify individuals,
2525	2525	except that individual names of licensees, applicants, facilities and day
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2569	2569	care facilities may be released. Nothing in this section prohibits the release
2570	2570	of any information as required by law.
2571	2571	(b) Records in the possession of the executive director of early
2572	2572	childhood or such director's agents regarding day care facilities may be
2573	2573	released to:
2574	2574	(1) An agency or organization authorized to receive notice under
2575	2575	section 27, and amendments thereto;
2576	2576	(2) any local, state or federal governmental entity or subdivision
2577	2577	thereof;
2578	2578	(3) any child and adult care food program sponsoring agency; or
2579	2579	(4) any disaster or emergency entity.
2580	2580	(c) The executive director of the Kansas office of early childhood
2581	2581	shall prohibit the release of the name, address and telephone number of a
2582	2582	day care facility if the executive director determines that prohibition of the
2583	2583	release of the information is necessary to protect the health, safety or
2584	2584	welfare of the public or the children enrolled in the day care facility.
2585	2585	(d) Any records under subsection (a), (b) or (c) shall be available to
2586	2586	any member of the standing committee on appropriations of the house of
2587	2587	representatives or the standing committee on ways and means of the senate
2588	2588	carrying out such member's or committee's official functions in accordance
2589	2589	with K.S.A. 75-4319, and amendments thereto, in a closed or executive
2590	2590	meeting. Except in limited conditions established by ⅔ of the members of
2591	2591	such committee, records received by the committee shall not be further
2592	2592	disclosed. Unauthorized disclosure may subject such member to discipline
2593	2593	or censure from the house of representatives or senate. Such records shall
2594	2594	not identify individuals but shall include data and contact information
2595	2595	concerning specific facilities.
2596	2596	(e) In any hearings conducted under the licensing or regulation
2597	2597	provisions of this act, the presiding officer may close the hearing to the
2598	2598	public to prevent public disclosure of matters relating to persons restricted
2599	2599	by other laws.
2600	2600	(f) Such records shall be confidential and shall not be subject to the
2601	2601	open records act, K.S.A. 45-215 et seq., and amendments thereto. This
2602	2602	subsection shall expire on July 1, 2031, unless the legislature reviews and
2603	2603	reenacts this provision pursuant to K.S.A. 45-229, and amendments
2604	2604	thereto, prior to July 1, 2031.
2605	2605	(g) This section shall take effect on and after July 1, 2026.
2606	2606	New Sec. 39. (a) The executive director of the Kansas office of early
2607	2607	childhood, in addition to any other penalty prescribed under this act, may
2608	2608	assess a civil fine, after proper notice and an opportunity to be heard in
2609	2609	accordance with the Kansas administrative procedure act, against a
2610	2610	licensee for each violation of such provisions or rules and regulations
2611	2611	adopted pursuant thereto that affect significantly and adversely the health,
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2655	2655	safety or sanitation of children in a day care facility. Each civil fine
2656	2656	assessed under this section shall not exceed $500. In the case of a
2657	2657	continuing violation, every day such violation continues shall be deemed a
2658	2658	separate violation.
2659	2659	(b) All fines assessed and collected under this section shall be
2660	2660	remitted to the state treasurer in accordance with K.S.A. 75-4215, and
2661	2661	amendments thereto. Upon receipt of each such remittance, the state
2662	2662	treasurer shall deposit the entire amount in the state treasury to the credit
2663	2663	of the state general fund.
2664	2664	(c) This section shall take effect on and after July 1, 2026.
2665	2665	New Sec. 40. (a) As used in this section:
2666	2666	(1) "Child" means an individual who is enrolled or attending
2667	2667	kindergarten, is less than 18 years of age, or is 18 years of age and has an
2668	2668	individualized program plan, is not a volunteer or employee and is
2669	2669	attending a youth development program.
2670	2670	(2) "Individualized program plan" means a written goal-oriented plan
2671	2671	of specialized services for each child with special needs or for each
2672	2672	juvenile offender attending a day reporting program.
2673	2673	(3) "Premises" means the location, including the building and
2674	2674	adjoining grounds, for which the applicant has a temporary permit or
2675	2675	license to conduct a youth development program.
2676	2676	(4) "Public recreation center" means any building used by a political
2677	2677	or taxing subdivision of this state, or by an agency of such subdivision, for
2678	2678	recreation programs that serve children who are less than 18 years of age.
2679	2679	(5) "School" means any building used for instruction of students
2680	2680	enrolled in kindergarten or any of the grades one through 12 by a school
2681	2681	district or an accredited nonpublic school.
2682	2682	(6) "School-age program" means a child care facility that serves
2683	2683	exclusively school-age children and youth but does not include a youth
2684	2684	development program.
2685	2685	(7) "Youth development program" means a child care facility where
2686	2686	youth activities are conducted that is not located in an individual's
2687	2687	residence and that serves children who are enrolled in kindergarten to less
2688	2688	than 18 years of age.
2689	2689	(b) No license for a youth development program or school-age
2690	2690	program shall be denied, suspended or revoked on the basis that the
2691	2691	building does not meet the requirements for licensure if the building:
2692	2692	(1) Is a public recreation center or school and is used by school-age
2693	2693	children and youth that are of the same age as children and who are cared
2694	2694	for in a youth development program or school-age program;
2695	2695	(2) complies, during all hours of operation of a youth development
2696	2696	program or school-age program, with the Kansas fire prevention code or a
2697	2697	building code that is by law deemed to comply with the Kansas fire
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2741	2741	prevention code; and
2742	2742	(3) except as provided in subsection (c), complies during all hours of
2743	2743	operation of a youth development program or school-age program with all
2744	2744	local building code provisions that apply to recreation centers if the
2745	2745	building is a public recreation center or to schools if the building is a
2746	2746	school.
2747	2747	(c) If the standards that a building is required to comply with under
2748	2748	subsections (b)(2) and (b)(3) are in conflict or are otherwise inconsistent,
2749	2749	then the building standards shall be subject to subsection (b)(2).
2750	2750	(d) No license for a youth development program or school-age
2751	2751	program that operates in accordance with subsection (b)(1) shall be denied,
2752	2752	suspended or revoked based on an environmental deficiency and shall be
2753	2753	approved or renewed if:
2754	2754	(1) The environmental deficiency does not pose an imminent risk to
2755	2755	children and youth;
2756	2756	(2) the environmental deficiency is outside the applicant's or
2757	2757	licensee's immediate authority to correct; and
2758	2758	(3) the applicant or licensee has notified the public recreation center
2759	2759	or school of the environmental deficiency.
2760	2760	(e) The executive director is authorized to adopt rules and regulations
2761	2761	applicable to the services provided by youth development programs,
2762	2762	regarding health, safety, supervisory qualifications or training and
2763	2763	premises safety, including modifications of occupancy capacity limits or
2764	2764	group gathering restrictions, consistent with the local or state building or
2765	2765	fire codes.
2766	2766	(f) The executive director shall consult with youth development
2767	2767	programs to identify and resolve barriers to such programs qualifying as
2768	2768	eligible providers of child care services for which participating families
2769	2769	may receive state or federal child care financial assistance.
2770	2770	(g) The executive director shall develop and implement pilot
2771	2771	programs and is authorized to adopt modifications to licenses issued
2772	2772	pursuant to this section to provide flexibility to youth development
2773	2773	programs to address the needs of families served.
2774	2774	(h) Whenever drop-in program or words of like effect, are referred to
2775	2775	or designated by any statute, rule or regulation, contract or any other
2776	2776	document, such reference or designation shall apply to a youth
2777	2777	development program.
2778	2778	(i) This section shall take effect on July 1, 2026.
2779	2779	New Sec. 41. (a) Any license, certificate of registration or temporary
2780	2780	permit that was issued prior to the effective date of this act and is in effect
2781	2781	on the effective date of this act shall continue in effect until the expiration
2782	2782	thereof, unless suspended or revoked prior to such time.
2783	2783	(b) This section shall take effect on and after July 1, 2026.
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2827	2827	New Sec. 42. (a) As used in this section:
2828	2828	(1) "Day care home" means a child care home as defined in section
2829	2829	24, and amendments thereto, or a group day care home.
2830	2830	(2) "Smoking" means possession of a lighted cigarette, cigar, pipe or
2831	2831	burning tobacco in any other form or device designed for the use of
2832	2832	tobacco.
2833	2833	(b) Smoking is hereby prohibited within any room, enclosed area or
2834	2834	other enclosed space of a facility or facilities of a day care home during a
2835	2835	time when children who are not related by blood, marriage or legal
2836	2836	adoption to the person who maintains the home are being cared for as part
2837	2837	of the operation of the day care home within the facility or facilities.
2838	2838	Nothing in this subsection shall be construed to prohibit smoking on the
2839	2839	premises of the day care home or outside the facility or facilities of a day
2840	2840	care home, including, but not limited to, porches, yards or garages.
2841	2841	(c) Each day care license shall contain a statement in bold print that
2842	2842	smoking is prohibited within a room, enclosed area or other enclosed
2843	2843	space of the facility or facilities of the day care home under the conditions
2844	2844	specified in subsection (b). The statement shall be phrased in substantially
2845	2845	the same language as subsection (b). The license shall be posted in a
2846	2846	conspicuous place in the facility or facilities.
2847	2847	(d) Each day care home shall be equipped with a fire extinguisher that
2848	2848	shall be maintained in an operable condition in a readily accessible
2849	2849	location.
2850	2850	(e) The executive director of the Kansas office of early childhood
2851	2851	may levy a civil fine against any day care home for a first or second
2852	2852	violation of this section. A third or subsequent violation shall be subject to
2853	2853	this act.
2854	2854	(f) In addition to any civil fine that may be levied pursuant to
2855	2855	subsection (e), any day care home that violates any provision of this
2856	2856	section may also be subject to criminal punishment pursuant to K.S.A. 21-
2857	2857	6112, and amendments thereto.
2858	2858	(g) This section shall take effect on and after July 1, 2026.
2859	2859	New Sec. 43. (a) Except as otherwise provided, information and
2860	2860	records pertaining to the immunization status of persons against childhood
2861	2861	diseases as required by section 29, and amendments thereto, may be
2862	2862	disclosed and exchanged without a parent or guardian's written release
2863	2863	authorizing such disclosure to the following individuals and groups who
2864	2864	need to know such information in order to assure compliance with state
2865	2865	statutes or to achieve age-appropriate immunization status for children:
2866	2866	(1) Employees of public agencies or departments;
2867	2867	(2) health records staff of day care facilities, including, but not
2868	2868	limited to, facilities licensed by the executive director of the Kansas office
2869	2869	of early childhood;
2870	2870	1
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2872	2872	3
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2912	2912	43 HB 2294 35
2913	2913	(3) persons other than public employees who are entrusted with the
2914	2914	regular care of those under the care and custody of a state agency,
2915	2915	including, but not limited to, operators of day care facilities, group homes,
2916	2916	residential care facilities and adoptive or foster homes; and
2917	2917	(4) healthcare professionals.
2918	2918	(b) Information and records that pertain to the immunization status of
2919	2919	persons against childhood diseases as required by section 29, and
2920	2920	amendments thereto, whose parent or guardian has submitted a written
2921	2921	statement of religious objection to immunization as provided in section 29,
2922	2922	and amendments thereto, may not be disclosed or exchanged without a
2923	2923	parent or guardian's written release authorizing such disclosure.
2924	2924	(c) This section shall take effect on and after July 1, 2026.
2925	2925	New Sec. 44. (a) The executive director of the Kansas office of early
2926	2926	childhood shall establish or cause to be established an online information
2927	2927	dissemination system that is accessible to the public, including names of
2928	2928	licensees, applicants and history of citations and substantiated findings.
2929	2929	The executive director shall adopt rules and regulations that are consistent
2930	2930	with the requirements for the receipt of child care ARRA funds and
2931	2931	provide for the establishment of an online information dissemination
2932	2932	system in accordance with this subsection.
2933	2933	(b) This section shall take effect on and after July 1, 2026.
2934	2934	New Sec. 45. To the extent that funds expended for child care
2935	2935	services are subject to federal requirements and appropriation acts of the
2936	2936	legislature, such funds shall not be expended by any agency to reimburse
2937	2937	providers for unfilled child care slots, not including reimbursement for a
2938	2938	child who is temporarily absent due to illness or other reason and intend to
2939	2939	resume receiving child care services.
2940	2940	New Sec. 46. (a) Licensed youth development programs and school-
2941	2941	age programs that operate on or within premises of a public or private
2942	2942	school licensed by the state of Kansas shall be exempt from the
2943	2943	requirements of K.S.A. 65-508(b)(3), and amendments thereto, and section
2944	2944	29(b)(3), and amendments thereto.
2945	2945	(b) Such premises shall be governed by a memorandum of
2946	2946	understanding concerning the provisions of school inspections between the
2947	2947	state fire marshal and the local political or taxing subdivision.
2948	2948	Sec. 47. K.S.A. 38-1901 is hereby amended to read as follows: 38-
2949	2949	1901. On and after the effective date of this act July 1, 2025:
2950	2950	(a) (1) The advisory committee on children and families is hereby
2951	2951	redesignated and shall be known and referred to as the Kansas children's
2952	2952	cabinet.
2953	2953	(2) The Kansas children's cabinet shall be a division in the Kansas
2954	2954	office of early childhood.
2955	2955	(b) (1) The Kansas children's cabinet shall consist of 15 18 members
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2957	2957	2
2958	2958	3
2959	2959	4
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2998	2998	43 HB 2294 36
2999	2999	as follows:
3000	3000	(1)(A) The executive director of the Kansas office of early childhood;
3001	3001	(B) The secretary of health and environment, or the secretary's
3002	3002	designee;
3003	3003	(2)(C) the secretary for children and families, or the secretary's
3004	3004	designee;
3005	3005	(3)(D) a member of the state board of regents selected by the state
3006	3006	board of regents, or such member's designee;
3007	3007	(4)(E) the commissioner of education, or the commissioner's
3008	3008	designee;
3009	3009	(5)(F) the commissioner of juvenile justice secretary of corrections,
3010	3010	or the commissioner's secretary's designee;
3011	3011	(6)(G) a member of the Kansas supreme court selected by the Kansas
3012	3012	supreme court, or such member's designee;
3013	3013	(7)(H) five members of the public appointed by the governor who are
3014	3014	interested in and knowledgeable about the needs of children and families
3015	3015	shall be appointed by the governor, which and who, subject to the
3016	3016	provisions of subsection (e), may include persons who are children's
3017	3017	advocates, members of organizations with experience in programs that
3018	3018	benefit children or other individuals who have experience with children's
3019	3019	programs and services;
3020	3020	(8)(I) one person legislative member appointed by the speaker of the
3021	3021	house of representatives;
3022	3022	(9)(J) one legislative member appointed by the majority leader of the
3023	3023	house of representatives;
3024	3024	(K) one person legislative member appointed by the minority leader
3025	3025	of the house of representatives;
3026	3026	(10)(L) one person legislative member appointed by the president of
3027	3027	the senate; and
3028	3028	(11)(M) one legislative member appointed by the majority leader of
3029	3029	the senate; and
3030	3030	(N) one person legislative member appointed by the minority leader
3031	3031	of the senate.
3032	3032	(2) The members designated by clauses (1), (2), (3), (4), (5) and (6)
3033	3033	of this subsection subparagraphs (1)(A) through (1)(G) shall be nonvoting
3034	3034	members of the Kansas children's cabinet. All other members shall be
3035	3035	voting members.
3036	3036	(c) (1) Except as provided in paragraph (2) of this subsection, the
3037	3037	members of the Kansas children's cabinet appointed by the governor,
3038	3038	speaker, president and minority leaders shall serve for terms of four years
3039	3039	and until their successors are appointed and qualified. The governor voting
3040	3040	members shall appoint a chairperson of the committee cabinet from among
3041	3041	the voting members appointed by the governor. The chairperson shall serve
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3084	3084	43 HB 2294 37
3085	3085	in such office throughout such member's current term of office and until a
3086	3086	successor is appointed and qualified. The members of the Kansas
3087	3087	children's cabinet may elect any additional officers from among its
3088	3088	members necessary to carry out the duties and functions of the Kansas
3089	3089	children's cabinet.
3090	3090	(2) Of the members first appointed by the governor, two shall be
3091	3091	appointed for terms of two years, two shall be appointed for terms of three
3092	3092	years and the member selected by the governor to be the chairperson shall
3093	3093	be appointed for a term of four years. The member first appointed by the
3094	3094	speaker of the house of representatives shall be appointed for a term of one
3095	3095	year, the member first appointed by the minority leader of the house of
3096	3096	representatives shall be appointed for a term of two years, the member first
3097	3097	appointed by the president of the senate shall be appointed for a term of
3098	3098	three years and the member first appointed by the minority leader of the
3099	3099	senate shall be appointed for a term of four years. The governor shall
3100	3100	designate the term for which each of the members first appointed by the
3101	3101	governor shall serveEach voting member shall serve at the pleasure of
3102	3102	such voting member's appointing authority.
3103	3103	(3) All members appointed to fill vacancies in the membership of the
3104	3104	Kansas children's cabinet and all members appointed to succeed members
3105	3105	appointed to membership on the Kansas children's cabinet shall be
3106	3106	appointed in like manner as that provided for the original appointment of
3107	3107	the member succeeded. All members appointed to fill vacancies of a
3108	3108	member of the Kansas children's cabinet appointed by the governor, the
3109	3109	speaker of the house of representatives, the minority leader of the house of
3110	3110	representatives, the president of the senate or the minority leader of the
3111	3111	senate shall be appointed to fill the unexpired term of such member.
3112	3112	(d) Not more than three members of the Kansas children's cabinet
3113	3113	appointed by the governor under subsection (b)(7) (b)(1)(H) shall be
3114	3114	members of the same political party.
3115	3115	(e) (1) No person shall serve on the Kansas children's cabinet if such
3116	3116	person has knowingly acquired a substantial interest in any business. Any
3117	3117	such person who knowingly acquires such an interest shall vacate such
3118	3118	member's position on the Kansas children's cabinet.
3119	3119	(2) For purposes ofAs used in this subsection,:
3120	3120	(A) "Substantial interest" means any of the following:
3121	3121	(A)(i) If an individual or an individual's spouse, either individually or
3122	3122	collectively, has owned within the preceding 12 months a legal or
3123	3123	equitable interest exceeding $5,000 or 5% of any business, whichever is
3124	3124	less, the individual has a substantial interest in that business.
3125	3125	(B)(ii) If an individual or an individual's spouse, either individually or
3126	3126	collectively, has received during the preceding calendar year compensation
3127	3127	which that is or will be required to be included as taxable income on
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3129	3129	2
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3170	3170	43 HB 2294 38
3171	3171	federal income tax returns of the individual and spouse in an aggregate
3172	3172	amount of $2,000 from any business or combination of businesses, the
3173	3173	individual has a substantial interest in that business or combination of
3174	3174	businesses.
3175	3175	(C)(iii) If an individual or an individual's spouse holds the position of
3176	3176	officer, director, associate, partner or proprietor of any business, the
3177	3177	individual has a substantial interest in that the business, irrespective of that
3178	3178	amount of compensation received by the individual or the individual's
3179	3179	spouse.
3180	3180	(D)(iv) If an individual or an individual's spouse receives
3181	3181	compensation which that is a portion or percentage of each separate fee or
3182	3182	commission paid to a business or combination of businesses, the individual
3183	3183	has a substantial interest in any client or customer who pays fees or
3184	3184	commissions to the business or combination of businesses from which fees
3185	3185	or commissions the individual or the individual's spouse, either
3186	3186	individually or collectively, received an aggregate of $2,000 or more in the
3187	3187	preceding calendar year.
3188	3188	(3) As used in this subsection, (B) "Client or customer" means a
3189	3189	business or combination of businesses.
3190	3190	(4) As used in this subsection, (C) "Business" means any entity
3191	3191	which that is eligible to receive funds from the children's initiatives fund,
3192	3192	as provided in K.S.A. 38-2102, and amendments thereto, from the
3193	3193	children's initiatives accountability fund, established by K.S.A. 38-2103,
3194	3194	and amendments thereto, or from the family and children trust account of
3195	3195	the family and children investment fund, as provided in K.S.A. 38-1808,
3196	3196	and amendments thereto.
3197	3197	(f) The Kansas children's cabinet shall meet upon the call of the
3198	3198	chairperson as necessary to carry out the duties and functions of the
3199	3199	Kansas children's cabinet. A quorum of the Kansas children's cabinet shall
3200	3200	be five voting members.
3201	3201	(g) The Kansas children's cabinet shall have and perform the
3202	3202	following functions:
3203	3203	(1) Assist the governor and the executive director of the Kansas
3204	3204	office of early childhood in developing and implementing a coordinated,
3205	3205	comprehensive service delivery system to serve the children and families
3206	3206	of Kansas;
3207	3207	(2) identify barriers to service and gaps in service due to strict
3208	3208	definitions of boundaries between departments and agencies;
3209	3209	(3) facilitate interagency and interdepartmental cooperation toward
3210	3210	the common goal of serving children and families;
3211	3211	(4) investigate and identify methodologies for the combining of funds
3212	3212	across departmental boundaries to better serve children and families;
3213	3213	(5) propose actions needed to achieve coordination of funding and
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3256	3256	43 HB 2294 39
3257	3257	services across departmental lines;
3258	3258	(6) encourage and facilitate joint planning and coordination between
3259	3259	the public and private sectors to better serve the needs of children and
3260	3260	families; and
3261	3261	(7) perform the duties and functions prescribed by K.S.A. 38-2103,
3262	3262	and amendments thereto; and
3263	3263	(8) review each individual application submitted to the cabinet for
3264	3264	any grant funding opportunities and allocate and administer such grants
3265	3265	upon direction by the executive director of the Kansas office of early
3266	3266	childhood.
3267	3267	(h) Members of the Kansas children's cabinet shall not be paid
3268	3268	compensation, but shall receive subsistence allowances, mileage and other
3269	3269	expenses as provided by K.S.A. 75-3223, and amendments thereto. The
3270	3270	subsistence allowances, mileage and other expenses as provided in K.S.A.
3271	3271	75-3223, and amendments thereto, shall be paid from available
3272	3272	appropriations of the Kansas department for children and families Kansas
3273	3273	office of early childhood, except that expenses of members who are
3274	3274	employed by a state agency shall be reimbursed by that state agency.
3275	3275	(i) On the effective date of this act, the advisory committee on
3276	3276	children and families is hereby abolished and all powers, duties, functions,
3277	3277	records and other property of the advisory committee on children and
3278	3278	families are hereby transferred to the Kansas children's cabinet created by
3279	3279	this section. Except as otherwise specifically provided by this act, the
3280	3280	Kansas children's cabinet shall be a continuation of the advisory
3281	3281	committee on children and families as it existed prior to the effective date
3282	3282	of this act.
3283	3283	Sec. 48. K.S.A. 38-2103 is hereby amended to read as follows: 38-
3284	3284	2103. (a) The Kansas children's cabinet established by K.S.A. 38-1901,
3285	3285	and amendments thereto, shall advise the governor and, the legislature and
3286	3286	the executive director of the Kansas office of early childhood regarding the
3287	3287	uses of the moneys credited to the children's initiatives fund.
3288	3288	(b) Use of such funds shall be subject to appropriations made by the
3289	3289	legislature.
3290	3290	(c) The Kansas children's cabinet shall review, assess and evaluate all
3291	3291	uses of the moneys in the children's initiatives fund. The Kansas children's
3292	3292	cabinet shall study and shall initiate studies, assessments and evaluations,
3293	3293	by contract or otherwise, through institutions of higher education and other
3294	3294	appropriate research entities to identify best practices and to measure and
3295	3295	otherwise determine the efficiency and efficacy of practices that are
3296	3296	utilized in programs, projects, improvements, services and other purposes
3297	3297	for which moneys are allocated or appropriated from the children's
3298	3298	initiatives fund. The costs of such reviews, assessments and evaluations
3299	3299	shall be paid from the children's initiatives accountability fund.
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3342	3342	43 HB 2294 40
3343	3343	(c)(d) There shall be conducted performance audits and other audit
3344	3344	work by the legislative post auditor upon request by the Kansas children's
3345	3345	cabinet and as directed by the legislative post audit committee in
3346	3346	accordance with the provisions of the legislative post audit act. The
3347	3347	purpose of such performance audits and other audit work shall be to
3348	3348	provide interested parties with the program evaluation and research needed
3349	3349	to make informed decisions for the uses of moneys credited to the
3350	3350	children's initiatives fund. The auditor to conduct such performance audit
3351	3351	or other audit work shall be specified in accordance with K.S.A. 46-1122,
3352	3352	and amendments thereto, and if the legislative post audit committee
3353	3353	specifies under such statute that a firm, as defined by K.S.A. 46-1112, and
3354	3354	amendments thereto, is to perform all or part of the audit work of such
3355	3355	audit, such firm shall be selected and shall perform such audit work as
3356	3356	provided in K.S.A. 46-1123, and amendments thereto, and K.S.A. 46-1125
3357	3357	through 46-1127, and amendments thereto. The audit work required
3358	3358	pursuant to this subsection shall be conducted in accordance with
3359	3359	generally accepted governmental auditing standards. The post auditor shall
3360	3360	compute the reasonably anticipated cost of the audit work performed by a
3361	3361	firm for such performance audit or other audit work pursuant to this
3362	3362	subsection, subject to review and approval by the contract audit committee
3363	3363	established by K.S.A. 46-1120, and amendments thereto, and the Kansas
3364	3364	children's cabinet shall pay such cost from the children's initiatives
3365	3365	accountability fund. If all or part of the audit work for such performance
3366	3366	audit or other audit work is performed by the division of post audit and the
3367	3367	division of post audit incurs costs in addition to those attributable to the
3368	3368	operations of the division of post audit in the performance of other duties
3369	3369	and responsibilities, the post auditor shall charge the Kansas children's
3370	3370	cabinet for such additional costs and the Kansas children's cabinet shall
3371	3371	pay such charges from the children's initiatives accountability fund. The
3372	3372	payment of any such costs and any such charges shall be a transaction
3373	3373	between the division of post audit and the Kansas children's cabinet and
3374	3374	such transaction shall be settled in accordance with the provisions of
3375	3375	K.S.A. 75-5516, and amendments thereto. All moneys received by the
3376	3376	division of post audit for such costs and charges shall be credited to the
3377	3377	audit services fund.
3378	3378	(d)(e) There is hereby established in the state treasury the children's
3379	3379	initiatives accountability fund, which shall be administered in accordance
3380	3380	with this section and the provisions of appropriation acts. The governor
3381	3381	shall recommend and the legislature shall provide for moneys to be
3382	3382	credited annually to the children's initiatives accountability fund by
3383	3383	transfers or other provisions of appropriation acts.
3384	3384	(e)(f) All moneys credited to the children's initiatives accountability
3385	3385	fund shall be used for the purposes of providing funding for assessment
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3429	3429	and evaluation of programs, projects, improvements, services and other
3430	3430	purposes for which moneys are allocated or appropriated from the
3431	3431	children's initiatives fund. All expenditures from the children's initiatives
3432	3432	accountability fund shall be made in accordance with appropriation acts
3433	3433	upon warrants of the director of accounts and reports issued pursuant to
3434	3434	vouchers approved in the manner prescribed by law.
3435	3435	(f)(g) On or before the 10
3436	3436	th
3437	3437	day of each month, the director of
3438	3438	accounts and reports shall transfer from the state general fund to the
3439	3439	Kansas endowment for youth fund interest earnings based on:
3440	3440	(1) The average daily balance of moneys in the children's initiatives
3441	3441	accountability fund for the preceding month; and
3442	3442	(2) the net earnings rate of the pooled money investment portfolio for
3443	3443	the preceding month.
3444	3444	Sec. 49. K.S.A. 2024 Supp. 48-3406 is hereby amended to read as
3445	3445	follows: 48-3406. (a) For the purposes of this section:
3446	3446	(1) "Applicant" means an individual who is:
3447	3447	(A) A military spouse or military servicemember who resides or plans
3448	3448	to reside in this state due to the assigned military station of the individual
3449	3449	or the individual's spouse; or
3450	3450	(B) an individual who has established or intends to establish
3451	3451	residency in this state.
3452	3452	(2) "Complete application" means the licensing body has received all
3453	3453	forms, fees, documentation, a signed affidavit stating that the application
3454	3454	information, including necessary prior employment history, is true and
3455	3455	accurate and any other information required or requested by the licensing
3456	3456	body for the purpose of evaluating the application, consistent with this
3457	3457	section and the rules and regulations adopted by the licensing body
3458	3458	pursuant to this section. If the licensing body has received all such forms,
3459	3459	fees, documentation and any other information required or requested by
3460	3460	the licensing body, an application shall be deemed to be a complete
3461	3461	application even if the licensing body has not yet received a criminal
3462	3462	background report from the Kansas bureau of investigation. An application
3463	3463	by a military spouse of an active military servicemember shall be
3464	3464	considered a "complete application" without the submission of fees,
3465	3465	pursuant to the provisions of subsection (u).
3466	3466	(3) "Electronic credential" or "electronic certification, license or
3467	3467	registration" means an electronic method by which a person may display
3468	3468	or transmit to another person information that verifies the status of a
3469	3469	person's certification, licensure, registration or permit as authorized by a
3470	3470	licensing body and is equivalent to a paper-based certification, license,
3471	3471	registration or permit.
3472	3472	(4) "Licensing body" means an official, agency, board or other entity
3473	3473	of the state that authorizes individuals to practice a profession in this state
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3517	3517	and issues a license, registration, certificate, permit or other authorization
3518	3518	to an individual so authorized.
3519	3519	(5) "Military servicemember" means a current member of any branch
3520	3520	of the United States armed services, United States military reserves or
3521	3521	national guard of any state or a former member with an honorable
3522	3522	discharge.
3523	3523	(6) "Military spouse" means the spouse of a military servicemember.
3524	3524	(7) "Person" means a natural person.
3525	3525	(8) "Private certification" means a voluntary program in which a
3526	3526	private organization grants nontransferable recognition to an individual
3527	3527	who meets personal qualifications and standards relevant to performing the
3528	3528	occupation as determined by the private organization.
3529	3529	(9) "Scope of practice" means the procedures, actions, processes and
3530	3530	work that a person may perform under a government issued license,
3531	3531	registration or certification.
3532	3532	(10) "Verification system" means an electronic method by which the
3533	3533	authenticity and validity of electronic credentials are verified.
3534	3534	(b) Notwithstanding any other provision of law, any licensing body
3535	3535	shall, upon submission of a complete application, issue a paper-based and
3536	3536	verified electronic license, registration or certification to an applicant as
3537	3537	provided by this section, so that the applicant may lawfully practice the
3538	3538	person's occupation. Any licensing body may satisfy any requirement
3539	3539	under this section to provide a paper-based license, registration,
3540	3540	certification or permit in addition to an electronic license, registration,
3541	3541	certification or permit by issuing such electronic credential to the applicant
3542	3542	in a format that permits the applicant to print a paper copy of such
3543	3543	electronic credential. Such paper copy shall be considered a valid license,
3544	3544	registration, certification or permit for all purposes.
3545	3545	(c) An applicant who holds a valid current license, registration or
3546	3546	certification in another state, district or territory of the United States shall
3547	3547	receive a paper-based and verified electronic license, registration or
3548	3548	certification:
3549	3549	(1) If the applicant qualifies under the applicable Kansas licensure,
3550	3550	registration or certification by endorsement, reinstatement or reciprocity
3551	3551	statutes, then pursuant to applicable licensure, registration or certification
3552	3552	by endorsement, reinstatement or reciprocity statutes of the licensing body
3553	3553	of this state for the license, registration or certification within 15 days from
3554	3554	the date a complete application was submitted if the applicant is a military
3555	3555	servicemember or military spouse or within 45 days from the date a
3556	3556	complete application was submitted for all other applicants; or
3557	3557	(2) if the applicant does not qualify under the applicable licensure,
3558	3558	registration or certification by endorsement, reinstatement or reciprocity
3559	3559	statutes of the licensing body of this state, or if the Kansas professional
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3603	3603	practice act does not have licensure, registration or certification by
3604	3604	endorsement, reinstatement or reciprocity statutes, then the applicant shall
3605	3605	receive a license, registration or certification as provided herein if, at the
3606	3606	time of application, the applicant:
3607	3607	(A) Holds a valid current license, registration or certification in
3608	3608	another state, district or territory of the United States with licensure,
3609	3609	registration or certification requirements that the licensing body
3610	3610	determines authorize a similar scope of practice as those established by the
3611	3611	licensing body of this state, or holds a certification issued by another state
3612	3612	for practicing the occupation but this state requires an occupational
3613	3613	license, and the licensing body of this state determines that the
3614	3614	certification requirements certify a similar scope of practice as the
3615	3615	licensing requirements established by the licensing body of this state;
3616	3616	(B) has worked for at least one year in the occupation for which the
3617	3617	license, certification or registration is sought;
3618	3618	(C) has not committed an act in any jurisdiction that would have
3619	3619	constituted grounds for the limitation, suspension or revocation of the
3620	3620	license, certificate or registration, or that the applicant has never been
3621	3621	censured or had other disciplinary action taken or had an application for
3622	3622	licensure, registration or certification denied or refused to practice an
3623	3623	occupation for which the applicant seeks licensure, registration or
3624	3624	certification;
3625	3625	(D) has not been disciplined by a licensing, registering, certifying or
3626	3626	other credentialing entity in another jurisdiction and is not the subject of
3627	3627	an unresolved complaint, review procedure or disciplinary proceeding
3628	3628	conducted by a licensing, registering, certifying or other credentialing
3629	3629	entity in another jurisdiction nor has surrendered their membership on any
3630	3630	professional staff in any professional association or society or faculty for
3631	3631	another state or jurisdiction while under investigation or to avoid adverse
3632	3632	action for acts or conduct similar to acts or conduct that would constitute
3633	3633	grounds for disciplinary action in a Kansas practice act;
3634	3634	(E) does not have a disqualifying criminal record as determined by
3635	3635	the licensing body of this state under Kansas law;
3636	3636	(F) provides proof of solvency, financial standing, bonding or
3637	3637	insurance if required by the licensing body of this state, but only to the
3638	3638	same extent as required of any applicant with similar credentials or
3639	3639	experience;
3640	3640	(G) pays any fees required by the licensing body of this state; and
3641	3641	(H) submits with the application a signed affidavit stating that the
3642	3642	application information, including necessary prior employment history, is
3643	3643	true and accurate.
3644	3644	Upon receiving a complete application and the provisions of subsection
3645	3645	(c)(2) apply and have been met by the applicant, the licensing body shall
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3689	3689	issue the license, registration or certification within 15 days from the date
3690	3690	a complete application was submitted by a military servicemember or
3691	3691	military spouse, or within 45 days from the date a complete application
3692	3692	was submitted by an applicant who is not a military servicemember or
3693	3693	military spouse, to the applicant on a probationary basis, but may revoke
3694	3694	the license, registration or certification at any time if the information
3695	3695	provided in the application is found to be false. The probationary period
3696	3696	shall not exceed six months. Upon completion of the probationary period,
3697	3697	the license, certification or registration shall become a non-probationary
3698	3698	license, certification or registration.
3699	3699	(d) Any applicant who has not been in the active practice of the
3700	3700	occupation during the two years preceding the application for which the
3701	3701	applicant seeks a license, registration or certification under subsection (c)
3702	3702	(2) may be required to complete such additional testing, training,
3703	3703	monitoring or continuing education as the Kansas licensing body may
3704	3704	deem necessary to establish the applicant's present ability to practice in a
3705	3705	manner that protects the health and safety of the public, as provided by
3706	3706	subsection (j).
3707	3707	(e) Upon submission of a complete application, an applicant may
3708	3708	receive an occupational license, registration or certification based on the
3709	3709	applicant's work experience in another state, if the applicant:
3710	3710	(1) Worked in a state that does not use an occupational license,
3711	3711	registration, certification or private certification to regulate an occupation,
3712	3712	but this state uses an occupational license, registration or certification to
3713	3713	regulate the occupation;
3714	3714	(2) worked for at least three years in the occupation during the four
3715	3715	years immediately preceding the application; and
3716	3716	(3) satisfies the requirements of subsection (c)(2)(C) through (H).
3717	3717	(f) Upon submission of a complete application, an applicant may
3718	3718	receive an occupational license, registration or certification under
3719	3719	subsection (b) based on the applicant's holding of a private certification
3720	3720	and work experience in another state, if the applicant:
3721	3721	(1) Holds a private certification and worked in a state that does not
3722	3722	use an occupational license or government certification to regulate an
3723	3723	occupation, but this state uses an occupational license or government
3724	3724	certification to regulate the occupation;
3725	3725	(2) worked for at least two years in the occupation;
3726	3726	(3) holds a current and valid private certification in the occupation;
3727	3727	(4) is held in good standing by the organization that issued the private
3728	3728	certification; and
3729	3729	(5) satisfies the requirements of subsection (c)(2)(C) through (H).
3730	3730	(g) An applicant licensed, registered or certified under this section
3731	3731	shall be entitled to the same rights and subject to the same obligations as
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3775	3775	are provided by the licensing body for Kansas residents, except that
3776	3776	revocation or suspension of an applicant's license, registration or
3777	3777	certificate in the applicant's state of residence or any jurisdiction in which
3778	3778	the applicant held a license, registration or certificate shall automatically
3779	3779	cause the same revocation or suspension of such applicant's license,
3780	3780	registration or certificate in Kansas. No hearing shall be granted to an
3781	3781	applicant where such applicant's license, registration or certificate is
3782	3782	subject to such automatic revocation or suspension, except for the purpose
3783	3783	of establishing the fact of revocation or suspension of the applicant's
3784	3784	license, registration or certificate by the applicant's state of residence or
3785	3785	jurisdiction in which the applicant held a license, registration or certificate.
3786	3786	(h) In the event the licensing body determines that the license,
3787	3787	registration or certificate currently held by an applicant under subsection
3788	3788	(c)(2) or the work experience or private credential held by an applicant
3789	3789	under subsections (e) or (f), who is a military spouse or military
3790	3790	servicemember does not authorize a similar scope of practice as the
3791	3791	license, registration or certification issued by the licensing body of this
3792	3792	state, the licensing body shall issue a temporary permit for a limited period
3793	3793	of time to allow the applicant to lawfully practice the applicant's
3794	3794	occupation while completing any specific requirements that are required in
3795	3795	this state for licensure, registration or certification that were not required
3796	3796	in the state, district or territory of the United States in which the applicant
3797	3797	was licensed, registered, certified or otherwise credentialed, unless the
3798	3798	licensing body finds, based on specific grounds, that issuing a temporary
3799	3799	permit would jeopardize the health and safety of the public.
3800	3800	(i) In the event the licensing body determines that the license,
3801	3801	registration or certification currently held by an applicant under subsection
3802	3802	(c)(2) or the work experience or private credential held by an applicant
3803	3803	under subsections (e) or (f), who is not a military spouse or military
3804	3804	servicemember, does not authorize a similar scope of practice as the
3805	3805	license, registration or certification issued by the licensing body of this
3806	3806	state, the licensing body may issue a temporary permit for a limited period
3807	3807	of time to allow the applicant to lawfully practice the applicant's
3808	3808	occupation while completing any specific requirements that are required in
3809	3809	this state for licensure, registration or certification that was not required in
3810	3810	the state, district or territory of the United States in which the applicant
3811	3811	was licensed, registered, certified or otherwise credentialed, unless the
3812	3812	licensing body finds, based on specific grounds, that issuing a temporary
3813	3813	permit would jeopardize the health and safety of the public.
3814	3814	(j) Any testing, continuing education or training requirements
3815	3815	administered under subsection (d), (h) or (i) shall be limited to Kansas law
3816	3816	that regulates the occupation and that are materially different from or
3817	3817	additional to the law of another state, or shall be limited to any materially
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3861	3861	different or additional body of knowledge or skill required for the
3862	3862	occupational license, registration or certification in Kansas.
3863	3863	(k) A licensing body may grant licensure, registration, certification or
3864	3864	a temporary permit to any person who meets the requirements under this
3865	3865	section but was separated from such military service under less than
3866	3866	honorable conditions or with a general discharge under honorable
3867	3867	conditions.
3868	3868	(l) Nothing in this section shall be construed to apply in conflict with
3869	3869	or in a manner inconsistent with federal law or a multistate compact, or a
3870	3870	rule or regulation or a reciprocal or other applicable statutory provision
3871	3871	that would allow an applicant to receive a license. Nothing in this section
3872	3872	shall be construed as prohibiting a licensing body from denying any
3873	3873	application for licensure, registration or certification, or declining to grant
3874	3874	a temporary or probationary license, if the licensing body determines that
3875	3875	granting the application may jeopardize the health and safety of the public.
3876	3876	(m) Nothing in this section shall be construed to be in conflict with
3877	3877	any applicable Kansas statute defining the scope of practice of an
3878	3878	occupation. The scope of practice as provided by Kansas law shall apply to
3879	3879	applicants under this section.
3880	3880	(n) Notwithstanding any other provision of law, during a state of
3881	3881	emergency declared by the legislature, a licensing body may grant a
3882	3882	temporary emergency license to practice any profession licensed, certified,
3883	3883	registered or regulated by the licensing body to an applicant whose
3884	3884	qualifications the licensing body determines to be sufficient to protect
3885	3885	health and safety of the public and may prohibit any unlicensed person
3886	3886	from practicing any profession licensed, certified, registered or regulated
3887	3887	by the licensing body.
3888	3888	(o) Not later than January 1, 2025, Licensing bodies shall provide
3889	3889	paper-based and verified electronic credentials to persons regulated by the
3890	3890	licensing body. A licensing body may prescribe the format or requirements
3891	3891	of the electronic credential to be used by the licensing body. Any statutory
3892	3892	or regulatory requirement to display, post or produce a credential issued by
3893	3893	a licensing body may be satisfied by the proffer of an electronic credential
3894	3894	authorized by the licensing body. A licensing body may use a third-party
3895	3895	electronic credential system that is not maintained by the licensing body.
3896	3896	(p) On or before January 1, 2025, and Subject to appropriations
3897	3897	therefore therefor, the secretary of administration shall develop and
3898	3898	implement a uniform or singular license verification portal for the purpose
3899	3899	of verifying or reporting license statuses such as credentials issued,
3900	3900	renewed, revoked or suspended by licensing bodies or that have expired or
3901	3901	otherwise changed in status. The secretary of administration may utilize
3902	3902	the services or facilities of a third party for the central electronic record
3903	3903	system. The central electronic record system shall comply with the
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3946	3946	43 HB 2294 47
3947	3947	requirements adopted by the information technology executive council
3948	3948	pursuant to K.S.A. 75-7203, and amendments thereto. Beginning January
3949	3949	1, 2025, Each licensing body shall be able to integrate with the uniform or
3950	3950	singular license verification portal in the manner and format required by
3951	3951	the secretary of administration indicating any issuance, renewal,
3952	3952	revocation, suspension, expiration or other change in status of an
3953	3953	electronic credential that has occurred. No charge for the establishment or
3954	3954	maintenance of the uniform or singular license verification portal shall be
3955	3955	imposed on any licensing body or any person with a license, registration,
3956	3956	certification or permit issued by a licensing body. The centralized
3957	3957	electronic credential data management systems shall include an
3958	3958	instantaneous verification system that is operated by the licensing body's
3959	3959	respective secretary, or the secretary's designee, or the secretary's third-
3960	3960	party agent on behalf of the licensing body for the purpose of instantly
3961	3961	verifying the authenticity and validity of electronic credentials issued by
3962	3962	the licensing body. Centralized electronic credential data management
3963	3963	systems shall maintain an auditable record of credentials issued by each
3964	3964	licensing body.
3965	3965	(q) Nothing in this section shall be construed as prohibiting or
3966	3966	preventing a licensing body from developing, operating, maintaining or
3967	3967	using a separate electronic credential system of the licensing body or of a
3968	3968	third party in addition to making the reports to the central electronic record
3969	3969	system required by subsection (p) or participating in a multistate compact
3970	3970	or a reciprocal licensure, registration or certification process as long as the
3971	3971	separate electronic credential system of the licensing body integrates with
3972	3972	the uniform or singular license verification portal.
3973	3973	(r) Each licensing body shall adopt rules and regulations necessary to
3974	3974	implement and carry out the provisions of this section.
3975	3975	(s) This section shall not apply to the practice of law or the regulation
3976	3976	of attorneys pursuant to K.S.A. 7-103, and amendments thereto, or to the
3977	3977	certification of law enforcement officers pursuant to the Kansas law
3978	3978	enforcement training act, K.S.A. 74-5601 et seq., and amendments thereto.
3979	3979	(t) The state board of healing arts and the state board of technical
3980	3980	professions, with respect to an applicant who is seeking a license to
3981	3981	practice professional engineering or engage in the practice of engineering,
3982	3982	as defined in K.S.A. 74-7003, and amendments thereto, may deny an
3983	3983	application for licensure, registration or certification, or decline to grant a
3984	3984	temporary or probationary license, if the board determines the applicant's
3985	3985	qualifications are not substantially equivalent to those established by the
3986	3986	board. Such boards shall not otherwise be exempt from the provisions of
3987	3987	this act.
3988	3988	(u) Notwithstanding any other provision of law to the contrary,
3989	3989	applicants who are military spouses of active military service members
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3991	3991	2
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4032	4032	43 HB 2294 48
4033	4033	shall be exempt from all fees assessed by any licensing body to obtain an
4034	4034	occupational credential in Kansas and renew such credential including
4035	4035	initial or renewal application, licensing, registration, certification,
4036	4036	endorsement, reciprocity or permit fees and any criminal background
4037	4037	report fees, whether assessed by the licensing body or another agency.
4038	4038	Licensing bodies shall adopt rules and regulations to implement the
4039	4039	provisions of this subsection.
4040	4040	(v) This section shall apply to all licensing bodies not excluded under
4041	4041	subsection (s), including, but not limited to:
4042	4042	(1) The abstracters' board of examiners;
4043	4043	(2) the board of accountancy;
4044	4044	(3) the board of adult care home administrators;
4045	4045	(4) the secretary for aging and disability services, with respect to
4046	4046	K.S.A. 65-5901 et seq. and 65-6503 et seq., and amendments thereto;
4047	4047	(5) the Kansas board of barbering;
4048	4048	(6) the behavioral sciences regulatory board;
4049	4049	(7) the Kansas state board of cosmetology;
4050	4050	(8) the Kansas dental board;
4051	4051	(9) the state board of education;
4052	4052	(10) the Kansas board of examiners in fitting and dispensing of
4053	4053	hearing instruments;
4054	4054	(11) the board of examiners in optometry;
4055	4055	(12) the state board of healing arts, as provided by subsection (t);
4056	4056	(13) the secretary of health and environment, with respect to K.S.A.
4057	4057	82a-1201 et seq., and amendments thereto;
4058	4058	(14) the executive director of Kansas office of early childhood;
4059	4059	(15) the commissioner of insurance, with respect to K.S.A. 40-241
4060	4060	and 40-4901 et seq., and amendments thereto;
4061	4061	(15)(16) the state board of mortuary arts;
4062	4062	(16)(17) the board of nursing;
4063	4063	(17)(18) the state board of pharmacy;
4064	4064	(18)(19) the Kansas real estate commission;
4065	4065	(19)(20) the real estate appraisal board;
4066	4066	(20)(21) the state board of technical professions, as provided by
4067	4067	subsection (t); and
4068	4068	(21)(22) the state board of veterinary examiners.
4069	4069	(w) All proceedings pursuant to this section shall be conducted in
4070	4070	accordance with the provisions of the Kansas administrative procedure act
4071	4071	and shall be reviewable in accordance with the Kansas judicial review act.
4072	4072	(x) (1) Commencing on July 1, 2021, and each year thereafter, Each
4073	4073	licensing body listed in subsection (u)(1) (v)(1) through (21) (22) shall
4074	4074	provide a report for the period of July 1 through June 30 to the director of
4075	4075	legislative research by August 31 of each year, providing information
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4118	4118	43 HB 2294 49
4119	4119	requested by the director of legislative research to fulfill the requirements
4120	4120	of this subsection. The director of legislative research shall develop the
4121	4121	report format, prepare an analysis of the reports and submit and present the
4122	4122	analysis to the office of the governor, the house of representatives
4123	4123	committee on commerce, labor and economic development of the house of
4124	4124	representatives or any successor committee thereof, the senate committee
4125	4125	on commerce of the senate or any successor committee thereof, the house
4126	4126	of representatives committee on appropriations of the house of
4127	4127	representatives or any successor committee thereof and the senate
4128	4128	committee on ways and means of the senate or any successor committee
4129	4129	thereof by January 15 of the succeeding year. The director's report may
4130	4130	provide any analysis the director deems useful and shall provide the
4131	4131	following items, detailed by applicant type, including military
4132	4132	servicemember, military spouse and non-military individual:
4133	4133	(1)(A) The number of applications received under the provisions of
4134	4134	this section;
4135	4135	(2)(B) the number of applications granted under this section;
4136	4136	(3)(C) the number of applications denied under this section;
4137	4137	(4)(D) the average time between receipt of the application and
4138	4138	completion of the application;
4139	4139	(5)(E) the average time between receipt of a complete application and
4140	4140	issuance of a license, certification or registration; and
4141	4141	(6)(F) identification of applications submitted under this section
4142	4142	where the issuance of credentials or another determination by the licensing
4143	4143	body was not made within the time limitations pursuant to this section and
4144	4144	the reasons for the failure to meet such time limitations.
4145	4145	(2) All information shall be provided by the licensing body to the
4146	4146	director of legislative research in a manner that maintains the
4147	4147	confidentiality of all applicants and in aggregate form that does not permit
4148	4148	identification of individual applicants.
4149	4149	Sec. 50. K.S.A. 2024 Supp. 65-503 is hereby amended to read as
4150	4150	follows: 65-503. As used in this act:
4151	4151	(a) "Child placement agency" means a business or service conducted,
4152	4152	maintained or operated by a person engaged in finding homes for children
4153	4153	by placing or arranging for the placement of such children for adoption or
4154	4154	foster care.
4155	4155	(b) "Child care resource and referral agency" means a business or
4156	4156	service conducted, maintained or operated by a person engaged in
4157	4157	providing resource and referral services, including information of specific
4158	4158	services provided by child care facilities, to assist parents to find child
4159	4159	care. "Act" means article 5 of chapter 65 of the Kansas Statutes
4160	4160	Annotated, and amendments thereto.
4161	4161	(b) "Assistant teacher" means a staff member of a child care center
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4204	4204	43 HB 2294 50
4205	4205	who meets requirements specified in section 1, and amendments thereto,
4206	4206	and is responsible for assisting the lead teacher in the care of children.
4207	4207	(c) "Boarding school" means a facility that provides 24-hour care to
4208	4208	school age children, provides education as its primary function and is
4209	4209	accredited by an accrediting agency acceptable to the secretary of health
4210	4210	and environment.
4211	4211	(d) "Child care center" means a facility that meets child care center
4212	4212	regulations and provides care and educational activities for children.
4213	4213	(e) (1) "Child care facility" means:
4214	4214	(1)(A) A facility maintained by a person who has control or custody
4215	4215	of one or more children under 16 years of age, unattended by parent or
4216	4216	guardian, for the purpose of providing the children with food or lodging,
4217	4217	or both, except excluding children in the custody of the secretary for
4218	4218	children and families who are placed with a prospective adoptive family
4219	4219	pursuant to the provisions of an adoptive placement agreement or who are
4220	4220	related to the person by blood, marriage or legal adoption;
4221	4221	(2)(B) a children's home, orphanage, maternity home, day care
4222	4222	facility or other facility of a type determined by that the secretary
4223	4223	determines to require regulation under the provisions of this act;
4224	4224	(3)(C) a child placement agency or child care resource and referral
4225	4225	agency, or a facility maintained by such an agency for the purpose of
4226	4226	caring for children under 16 years of age; or
4227	4227	(4)(D) any receiving or detention home for children under 16 years of
4228	4228	age provided or maintained by, or receiving aid from, any city or county or
4229	4229	the state.
4230	4230	(2) "Child care facility" does not include an individual who provides
4231	4231	care for less than 35 hours per week to four or fewer children, not more
4232	4232	than two of whom may be infants, who are not related to the individual by
4233	4233	blood, marriage or legal adoption.
4234	4234	(d)(f) "Child care home" means the premises where care is provided
4235	4235	for children at a residence.
4236	4236	(g) "Child care resource and referral agency" means a business or
4237	4237	service conducted, maintained or operated by a person engaged in
4238	4238	providing resource and referral services, including information of specific
4239	4239	services provided by child care facilities, to assist parents to find child
4240	4240	care.
4241	4241	(h) "Child placement agency" means a business or service
4242	4242	conducted, maintained or operated by a person engaged in finding homes
4243	4243	for children by placing or arranging for the placement of such children for
4244	4244	adoption or foster care.
4245	4245	(i) (1) "Day care facility" means a child care facility that includes a
4246	4246	day care home, preschool, child care center, school-age program or other
4247	4247	facility of a type determined by the secretary to require regulation under
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4289	4289	42
4290	4290	43 HB 2294 51
4291	4291	the provisions of K.S.A. 65-501 et seq., and amendments thereto.
4292	4292	(2) "Day care facility" does not include:
4293	4293	(A) A youth development program; or
4294	4294	(B) an individual who provides care for less than 35 hours per week
4295	4295	to four or fewer children, not more than two of whom may be infants, who
4296	4296	are not related to the individual by blood, marriage or legal adoption.
4297	4297	(e)(j) "Employee" means a person working, regularly volunteering or
4298	4298	residing in a child care facility.
4299	4299	(k) "Infant" means a child who is between two weeks and 12 months
4300	4300	of age or a child older than 12 months who has not yet learned to walk.
4301	4301	(l) "Lead teacher" means an individual who meets the requirements
4302	4302	of section 1, and amendments thereto, and can independently staff any unit
4303	4303	in a child care center.
4304	4304	(m) "Licensure year" means the period of time beginning on the
4305	4305	effective date and ending on the expiration date of a license.
4306	4306	(n) "Maternity center" means a facility that provides delivery services
4307	4307	for normal, uncomplicated pregnancies but does not include a medical
4308	4308	care facility as defined by K.S.A. 65-425, and amendments thereto.
4309	4309	(o) "Person" means any individual, association, partnership,
4310	4310	corporation, government, governmental subdivision or other entity.
4311	4311	(f) "Boarding school" means a facility which provides 24-hour care to
4312	4312	school age children, provides education as its primary function, and is
4313	4313	accredited by an accrediting agency acceptable to the secretary of health
4314	4314	and environment.
4315	4315	(g) "Maternity center" means a facility which provides delivery
4316	4316	services for normal, uncomplicated pregnancies but does not include a
4317	4317	medical care facility as defined by K.S.A. 65-425, and amendments
4318	4318	thereto.
4319	4319	(h) "Employee" means a person working, regularly volunteering or
4320	4320	residing in a child care facility.
4321	4321	(p) "Program director" means the staff member of a child care center
4322	4322	who meets the requirements of section 1, and amendments thereto, and is
4323	4323	responsible for implementing and supervising the comprehensive and
4324	4324	coordinated plan of activities that provide for the education, care,
4325	4325	protection and development of children who attend a child care center.
4326	4326	(q) "School-age" means a child who will be at least six years of age
4327	4327	on or before the first day of September of any school year but is under 16
4328	4328	years of age.
4329	4329	(r) "Unit" means the number of children who may be present in one
4330	4330	group in a child care center.
4331	4331	(s) "Youth development program" means the same as defined in
4332	4332	K.S.A. 65-527, and amendments thereto.
4333	4333	Sec. 51. On and after July 1, 2026, K.S.A. 2024 Supp. 65-503, as
4334	4334	1
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4376	4376	43 HB 2294 52
4377	4377	amended by section 50 of this act, is hereby amended to read as follows:
4378	4378	65-503. As used in this act:
4379	4379	(a) "Act" means article 5 of chapter 65 of the Kansas Statutes
4380	4380	Annotated, and amendments thereto.
4381	4381	(b) "Assistant teacher" means a staff member of a child care center
4382	4382	who meets requirements specified in section 1 2, and amendments thereto,
4383	4383	and is responsible for assisting the lead teacher in the care of children.
4384	4384	(c) "Boarding school" means a facility that provides 24-hour care to
4385	4385	school age children, provides education as its primary function and is
4386	4386	accredited by an accrediting agency acceptable to the secretary of health
4387	4387	and environment.
4388	4388	(d) "Child care center" means a facility that meets child care center
4389	4389	regulations and provides care and educational activities for children.
4390	4390	(e) (1) "Child care facility" means:
4391	4391	(A) A facility maintained by a person who has control or custody of
4392	4392	one or more children under 16 years of age, unattended by parent or
4393	4393	guardian, for the purpose of providing the children with food or lodging,
4394	4394	or both, excluding children in the custody of the secretary for children and
4395	4395	families who are placed with a prospective adoptive family pursuant to the
4396	4396	provisions of an adoptive placement agreement or who are related to the
4397	4397	person by blood, marriage or legal adoption;
4398	4398	(B) a children's home, orphanage, maternity home, day care facility
4399	4399	or other facility that the secretary determines to require regulation under
4400	4400	this act;
4401	4401	(C) a child placement agency or child care resource and referral
4402	4402	agency, or a facility maintained by such an agency for the purpose of
4403	4403	caring for children under 16 years of age; or
4404	4404	(D) any receiving or detention home for children under 16 years of
4405	4405	age provided or maintained by, or receiving aid from, any city or county or
4406	4406	the state.
4407	4407	(2) "Child care facility" does not include an individual who provides
4408	4408	care for less than 35 hours per week to four or fewer children, not more
4409	4409	than two of whom may be infants, who are not related to the individual by
4410	4410	blood, marriage or legal adoption.
4411	4411	(f) "Child care home" means the premises where care is provided for
4412	4412	children at a residence.
4413	4413	(g) "Child care resource and referral agency" means a business or
4414	4414	service conducted, maintained or operated by a person engaged in
4415	4415	providing resource and referral services, including information of specific
4416	4416	services provided by child care facilities, to assist parents to find child
4417	4417	care.
4418	4418	(h)(e) "Child placement agency" means a business or service
4419	4419	conducted, maintained or operated by a person engaged in finding homes
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4462	4462	43 HB 2294 53
4463	4463	for children by placing or arranging for the placement of such children for
4464	4464	adoption or foster care.
4465	4465	(i) (1) "Day care facility" means a child care facility that includes a
4466	4466	day care home, preschool, child care center, school-age program or other
4467	4467	facility of a type determined by the secretary to require regulation under
4468	4468	K.S.A. 65-501 et seq., and amendments thereto.
4469	4469	(2) "Day care facility" does not include:
4470	4470	(A) A youth development program; or
4471	4471	(B) an individual who provides care for less than 35 hours per week
4472	4472	to four or fewer children, not more than two of whom may be infants, who
4473	4473	are not related to the individual by blood, marriage or legal adoption.
4474	4474	(j)(f) "Employee" means a person working, regularly volunteering or
4475	4475	residing in a child care facility.
4476	4476	(k)(g) "Infant" means a child who is between two weeks and 12
4477	4477	months of age or a child older than 12 months who has not yet learned to
4478	4478	walk.
4479	4479	(l)(h) "Lead teacher" means an individual who meets the
4480	4480	requirements of section 1 2, and amendments thereto, and can
4481	4481	independently staff any unit in a child care center.
4482	4482	(m)(i) "Licensure year" means the period of time beginning on the
4483	4483	effective date and ending on the expiration date of a license.
4484	4484	(n)(j) "Maternity center" means a facility that provides delivery
4485	4485	services for normal, uncomplicated pregnancies but does not include a
4486	4486	medical care facility as defined by K.S.A. 65-425, and amendments
4487	4487	thereto.
4488	4488	(o)(k) "Person" means any individual, association, partnership,
4489	4489	corporation, government, governmental subdivision or other entity.
4490	4490	(p)(l) "Program director" means the staff member of a child care
4491	4491	center who meets the requirements of section 1 2, and amendments
4492	4492	thereto, and is responsible for implementing and supervising the
4493	4493	comprehensive and coordinated plan of activities that provide for the
4494	4494	education, care, protection and development of children who attend a child
4495	4495	care center.
4496	4496	(q)(m) "School-age" means a child who will be at least six years of
4497	4497	age on or before the first day of September of any school year but is under
4498	4498	16 years of age.
4499	4499	(r)(n) "Unit" means the number of children who may be present in
4500	4500	one group in a child care center.
4501	4501	(s) "Youth development program" means the same as defined in
4502	4502	K.S.A. 65-527, and amendments thereto.
4503	4503	Sec. 52. On and after July 1, 2026, K.S.A. 65-504 is hereby amended
4504	4504	to read as follows: 65-504. (a) The secretary of health and environment
4505	4505	shall have the power to grant a license to a person to maintain a maternity
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4549	4549	center or child care facility for children under 16 years of age. A license
4550	4550	granted to maintain a maternity center or child care facility shall state the
4551	4551	name of the licensee, describe the particular premises in or at which the
4552	4552	business shall be carried on, whether it shall receive and care for women
4553	4553	or children, and the number of women or children that may be treated,
4554	4554	maintained, boarded or cared for at any one time. No greater number of
4555	4555	women or children than is authorized in the license shall be kept on those
4556	4556	premises and the business shall not be carried on in a building or place not
4557	4557	designated in the license. The license shall be kept posted in a conspicuous
4558	4558	place on the premises where the business is conducted. A license granted
4559	4559	to maintain a day care facility shall have on its face an expiration sticker
4560	4560	stating the date of expiration of the license.
4561	4561	The secretary of health and environment shall grant no license in any
4562	4562	case until careful inspection of the maternity center or child care facility
4563	4563	shall have been made according to the terms of this act and until such
4564	4564	maternity center or child care facility has complied with all the
4565	4565	requirements of this act. Except as provided by this subsection, no license
4566	4566	shall be granted without the approval of the secretary for children and
4567	4567	families. The secretary of health and environment may issue, without the
4568	4568	approval of the secretary for children and families, a temporary permit to
4569	4569	operate for a period not to exceed 90 days upon receipt of an initial
4570	4570	application for license. The secretary of health and environment may
4571	4571	extend, without the approval of the secretary for children and families, the
4572	4572	temporary permit to operate for an additional period not to exceed 90 days
4573	4573	if an applicant is not in full compliance with the requirements of this act
4574	4574	but has made efforts towards full compliance.
4575	4575	(b) (1) In all cases where the secretary for children and families
4576	4576	deems it necessary, an investigation of the maternity center or child care
4577	4577	facility shall be made under the supervision of the secretary for children
4578	4578	and families or other designated qualified agents. For that purpose and for
4579	4579	any subsequent investigations they shall have the right of entry and access
4580	4580	to the premises of the center or facility and to any information deemed
4581	4581	necessary to the completion of the investigation. In all cases where an
4582	4582	investigation is made, a report of the investigation of such center or facility
4583	4583	shall be filed with the secretary of health and environment.
4584	4584	(2) In cases where neither approval or disapproval can be given
4585	4585	within a period of 30 days following formal request for such a study, the
4586	4586	secretary of health and environment may issue a temporary license without
4587	4587	fee pending final approval or disapproval of the center or facility.
4588	4588	(c) Whenever the secretary of health and environment refuses to grant
4589	4589	a license to an applicant, the secretary shall issue an order to that effect
4590	4590	stating the reasons for such denial and within five days after the issuance
4591	4591	of such order shall notify the applicant of the refusal. Upon application not
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4635	4635	more than 15 days after the date of its issuance a hearing on the order shall
4636	4636	be held in accordance with the provisions of the Kansas administrative
4637	4637	procedure act.
4638	4638	(d) When the secretary of health and environment finds upon
4639	4639	investigation or is advised by the secretary for children and families that
4640	4640	any of the provisions of this act or the provisions of K.S.A. 59-2123, and
4641	4641	amendments thereto, are being violated, or that the maternity center or
4642	4642	child care facility is maintained without due regard to the health, safety or
4643	4643	welfare of any woman or child, the secretary of health and environment
4644	4644	may issue an order revoking such license after giving notice and
4645	4645	conducting a hearing in accordance with the provisions of the Kansas
4646	4646	administrative procedure act. The order shall clearly state the reason for
4647	4647	the revocation.
4648	4648	(e) If the secretary revokes or refuses to renew a license, the licensee
4649	4649	who had a license revoked or not renewed shall not be eligible to apply for
4650	4650	a license for a period of one year subsequent to the date such revocation or
4651	4651	refusal to renew becomes final. If the secretary revokes or refuses to renew
4652	4652	a license of a licensee who is a repeat, three or more times, violator of
4653	4653	statutory requirements or rules and regulations or is found to have
4654	4654	contributed to the death or serious bodily harm of a child under such
4655	4655	licensee's care, such licensee shall be permanently prohibited from
4656	4656	applying for a new license to provide child care or from seeking
4657	4657	employment under another licensee.
4658	4658	(f) Any applicant or licensee aggrieved by a final order of the
4659	4659	secretary of health and environment denying or revoking a license under
4660	4660	this act may appeal the order in accordance with the Kansas judicial
4661	4661	review act.
4662	4662	Sec. 53. K.S.A. 65-505 is hereby amended to read as follows: 65-505.
4663	4663	(a) (1) The annual fee for a license to conduct a maternity center or child
4664	4664	care facility shall be fixed by the secretary of health and environment by
4665	4665	rules and regulations in an amount not exceeding the following:
4666	4666	(1)(A) For a maternity center, $150;
4667	4667	(2)(B) for a child placement agency, $150; and
4668	4668	(3)(C) for a child care resource and referral agency, $150; and.
4669	4669	(4)(2) for any otherExcept for child care facilities listed in paragraph
4670	4670	(1), there shall be no annual fee for a license to conduct a child care
4671	4671	facility, $75 plus $1 times the maximum number of children authorized
4672	4672	under the license to be on the premises at any one time.
4673	4673	(3) The license fee shall be paid to the secretary of health and
4674	4674	environment when the license is applied for and annually thereafter. The
4675	4675	fee shall not be refundable. No fee shall be charged for a license to
4676	4676	conduct a home for children which that is a family foster home as defined
4677	4677	in K.A.R. 28-4-311, and amendments thereto. Fees in effect under this
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4721	4721	subsection (a) immediately prior to the effective date of this act shall
4722	4722	continue in effect on and after the effective date of this act until a different
4723	4723	fee is established by the secretary of health and environment by rules and
4724	4724	regulations under this subsection.
4725	4725	(b) Any licensee who fails to renew such license within 30 days after
4726	4726	the expiration of the license shall pay to the secretary the renewal fee plus
4727	4727	a late fee in an amount of $75 or equal to the fee for the renewal of a
4728	4728	license, whichever is greater.
4729	4729	(c) Any licensee applying for an amended license shall pay to the
4730	4730	secretary of health and environment a fee established by rules and
4731	4731	regulations of the secretary in an amount not exceeding $35.
4732	4732	(d) The secretary of health and environment shall remit all moneys
4733	4733	received by the secretary from fees under the provisions of this section to
4734	4734	the state treasurer in accordance with the provisions of K.S.A. 75-4215,
4735	4735	and amendments thereto. Upon receipt of each such remittance, the state
4736	4736	treasurer, notwithstanding any other law to the contrary, shall deposit the
4737	4737	entire amount in the state treasury to the credit of the maternity centers and
4738	4738	child care licensing fee fund. All expenditures from the maternity centers
4739	4739	and child care licensing fee fund shall be made only for the purposes of
4740	4740	article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments
4741	4741	thereto, in accordance with appropriation acts upon warrants of the
4742	4742	director of accounts and reports issued pursuant to vouchers approved by
4743	4743	the secretary of health and environment or by a person or persons
4744	4744	designated by the secretary. Notwithstanding any other law to the contrary,
4745	4745	no moneys shall be transferred or otherwise revert from this fund to the
4746	4746	state general fund by appropriation act or other act of the legislature.
4747	4747	Moneys available under this section by the creation of the maternity
4748	4748	centers and child care licensing fee fund shall not be substituted for or
4749	4749	used to reduce or eliminate moneys available to the department of health
4750	4750	and environment to administer the provisions of article 5 of chapter 65 of
4751	4751	the Kansas Statutes Annotated, and amendments thereto. Nothing in this
4752	4752	act shall be construed to authorize a reduction or elimination of moneys
4753	4753	made available by the state to local units of government for the purposes
4754	4754	of article 5 of chapter 65 of the Kansas Statutes Annotated, and
4755	4755	amendments thereto.
4756	4756	Sec. 54. K.S.A. 65-508 is hereby amended to read as follows: 65-508.
4757	4757	(a) Any maternity center or child care facility subject to the provisions of
4758	4758	this act shall:
4759	4759	(1) Be properly heated, plumbed, lighted and ventilated;
4760	4760	(2) have plumbing, water and sewerage systems which that conform
4761	4761	to all applicable state and local laws; and
4762	4762	(3) be operated with strict regard to the health, safety and welfare of
4763	4763	any woman or child.
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4807	4807	(b) (1) Every maternity center or child care facility shall furnish or
4808	4808	cause to be furnished for the use of each resident and employee an
4809	4809	individual towel, wash cloth washcloth or disposable products, comb and
4810	4810	individual drinking cup or sanitary bubbling fountain, and toothbrushes for
4811	4811	all children other than infants, and shall keep or require such articles to be
4812	4812	kept at all times in a clean and sanitary condition.
4813	4813	(2) Toothbrushes in a day care facility may be used after meals or as
4814	4814	appropriate.
4815	4815	(3) Every maternity center or child care facility shall comply with all
4816	4816	applicable fire codes and rules and regulations of the state fire marshal.
4817	4817	(c) (1) The secretary of health and environment with the cooperation
4818	4818	of the secretary for children and families shall develop and adopt rules and
4819	4819	regulations for the operation and maintenance of maternity centers and
4820	4820	child care facilities. The rules and regulations for operating and
4821	4821	maintaining maternity centers and child care facilities shall be designed to
4822	4822	promote the health, safety and welfare of any woman or child served in
4823	4823	such facilities by ensuring safe and adequate physical surroundings,
4824	4824	healthful food, adequate handwashing, safe storage of toxic substances and
4825	4825	hazardous chemicals, sanitary diapering and toileting, home sanitation,
4826	4826	supervision and care of the residents by capable, qualified persons of
4827	4827	sufficient number, after-hour care, an adequate program of activities and
4828	4828	services, sudden infant death syndrome and safe sleep practices training,
4829	4829	prohibition on corporal punishment, crib safety, protection from electrical
4830	4830	hazards, protection from swimming pools and other water sources, fire
4831	4831	drills, emergency plans, safety of outdoor playground surfaces, door locks,
4832	4832	safety gates and transportation and such appropriate parental participation
4833	4833	as may be feasible under the circumstances. Boarding schools are excluded
4834	4834	from requirements regarding the number of qualified persons who must
4835	4835	supervise and provide care to residents.
4836	4836	(2) Rules and regulations developed under this subsection shall
4837	4837	include provisions for the competent supervision and care of children in
4838	4838	day care facilities. For purposes of such rules and regulations, competent
4839	4839	supervision as this term relates to children less than five years of age
4840	4840	includes, but is not limited to, direction of activities, adequate oversight
4841	4841	including sight or sound monitoring, or both, physical proximity to
4842	4842	children, diapering and toileting practices; and for all children, competent
4843	4843	supervision includes, but is not limited to, planning and supervision of
4844	4844	daily activities, safe sleep practices, including, but not limited to, visual or
4845	4845	sound monitoring, periodic checking, emergency response procedures and
4846	4846	drills, illness and injury response procedures, food service preparation and
4847	4847	sanitation, playground supervision, pool and water safety practices.
4848	4848	(d) In addition to any rules and regulations adopted under this section
4849	4849	for safe sleep practices, child care facilities shall ensure that all of the
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4893	4893	following requirements are met for children under 12 months of age:
4894	4894	(1) A child shall only be placed to sleep on a surface and in an area
4895	4895	that has been approved for use as such by the secretary of health and
4896	4896	environment;
4897	4897	(2) the sleep surface shall be free from soft or loose bedding,
4898	4898	including, but not limited to, blankets, bumpers and pillows; and
4899	4899	(3) the sleep surface shall be free from toys, including mobiles and
4900	4900	other types of play equipment or devices.
4901	4901	(e) Child care facilities shall ensure that children over 12 months of
4902	4902	age only be placed to sleep on a surface and in an area that has been
4903	4903	approved for use as such by the secretary of health and environment.
4904	4904	(f) The secretary of health and environment may exercise discretion
4905	4905	to make exceptions to requirements in subsections (d) and (e) where
4906	4906	special health needs exist.
4907	4907	(g) Each child cared for in a child care facility, including children of
4908	4908	the person maintaining the facility, shall be required to have current such
4909	4909	immunizations as the secretary of health and environment considers
4910	4910	necessary. The person maintaining a child care facility shall maintain a
4911	4911	record of each child's immunizations and shall provide to the secretary of
4912	4912	health and environment such information relating thereto, in accordance
4913	4913	with rules and regulations of the secretary, but the person maintaining a
4914	4914	child care facility shall not have such person's license revoked solely for
4915	4915	the failure to have or to maintain the immunization records required by
4916	4916	this subsection.
4917	4917	(h) The immunization requirement of subsection (g) shall not apply if
4918	4918	one of the following is obtained:
4919	4919	(1) Certification from a licensed physician stating that the physical
4920	4920	condition of the child is such that immunization would endanger the child's
4921	4921	life or health; or
4922	4922	(2) a written statement signed by a parent or guardian that the parent
4923	4923	or guardian is an adherent of a religious denomination whose teachings are
4924	4924	opposed to immunizations.
4925	4925	Sec. 55. On and after July 1, 2026, K.S.A. 65-508, as amended by
4926	4926	section 54 of this act, is hereby amended to read as follows: 65-508. (a)
4927	4927	Any maternity center or child care facility subject to this act shall:
4928	4928	(1) Be properly heated, plumbed, lighted and ventilated;
4929	4929	(2) have plumbing, water and sewerage systems that conform to all
4930	4930	applicable state and local laws; and
4931	4931	(3) be operated with strict regard to the health, safety and welfare of
4932	4932	any woman or child.
4933	4933	(b) (1) Every maternity center or child care facility shall furnish or
4934	4934	cause to be furnished for the use of each resident and employee an
4935	4935	individual towel, washcloth or disposable products, comb and individual
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4979	4979	drinking cup or sanitary bubbling fountain, and toothbrushes for all
4980	4980	children other than infants, and shall keep or require such articles to be
4981	4981	kept at all times in a clean and sanitary condition.
4982	4982	(2) Toothbrushes in a day child care facility may be used after meals
4983	4983	or as appropriate.
4984	4984	(3) Every maternity center or child care facility shall comply with all
4985	4985	applicable fire codes and rules and regulations of the state fire marshal.
4986	4986	(c) (1) The secretary of health and environment with the cooperation
4987	4987	of the secretary for children and families shall develop and adopt rules and
4988	4988	regulations for the operation and maintenance of maternity centers and
4989	4989	child care facilities. The rules and regulations for operating and
4990	4990	maintaining maternity centers and child care facilities shall be designed to
4991	4991	promote the health, safety and welfare of any woman or child served in
4992	4992	such facilities by ensuring safe and adequate physical surroundings,
4993	4993	healthful food, adequate handwashing, safe storage of toxic substances and
4994	4994	hazardous chemicals, sanitary diapering and toileting, home sanitation,
4995	4995	supervision and care of the residents by capable, qualified persons of
4996	4996	sufficient number, after-hour care, an adequate program of activities and
4997	4997	services, sudden infant death syndrome and safe sleep practices training,
4998	4998	prohibition on corporal punishment, crib safety, protection from electrical
4999	4999	hazards, protection from swimming pools and other water sources, fire
5000	5000	drills, emergency plans, safety of outdoor playground surfaces, door locks,
5001	5001	safety gates and transportation and such appropriate parental participation
5002	5002	as may be feasible under the circumstances. Boarding schools are excluded
5003	5003	from requirements regarding the number of qualified persons who must
5004	5004	supervise and provide care to residents.
5005	5005	(2) Rules and regulations developed under this subsection shall
5006	5006	include provisions for the competent supervision and care of children in
5007	5007	day care facilities. For purposes of such rules and regulations, competent
5008	5008	supervision as this term relates to children less than five years of age
5009	5009	includes, but is not limited to, direction of activities, adequate oversight
5010	5010	including sight or sound monitoring, or both, physical proximity to
5011	5011	children, diapering and toileting practices; and for all children, competent
5012	5012	supervision includes, but is not limited to, planning and supervision of
5013	5013	daily activities, safe sleep practices, including, but not limited to, visual or
5014	5014	sound monitoring, periodic checking, emergency response procedures and
5015	5015	drills, illness and injury response procedures, food service preparation and
5016	5016	sanitation, playground supervision, pool and water safety practices.
5017	5017	(d) In addition to any rules and regulations adopted under this section
5018	5018	for safe sleep practices, child care facilities shall ensure that all of the
5019	5019	following requirements are met for children under 12 months of age:
5020	5020	(1) A child shall only be placed to sleep on a surface and in an area
5021	5021	that has been approved for use as such by the secretary of health and
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5065	5065	environment;
5066	5066	(2) the sleep surface shall be free from soft or loose bedding,
5067	5067	including, but not limited to, blankets, bumpers and pillows; and
5068	5068	(3) the sleep surface shall be free from toys, including mobiles and
5069	5069	other types of play equipment or devices.
5070	5070	(e) Child care facilities shall ensure that children over 12 months of
5071	5071	age only be placed to sleep on a surface and in an area that has been
5072	5072	approved for use as such by the secretary of health and environment.
5073	5073	(f) The secretary of health and environment may exercise discretion
5074	5074	to make exceptions to requirements in subsections (d) and (e) where
5075	5075	special health needs exist.
5076	5076	(g) Each child cared for in a child care facility, including children of
5077	5077	the person maintaining the facility, shall be required to have current such
5078	5078	immunizations as the secretary of health and environment considers
5079	5079	necessary. The person maintaining a child care facility shall maintain a
5080	5080	record of each child's immunizations and shall provide to the secretary of
5081	5081	health and environment such information relating thereto, in accordance
5082	5082	with rules and regulations of the secretary, but the person maintaining a
5083	5083	child care facility shall not have such person's license revoked solely for
5084	5084	the failure to have or to maintain the immunization records required by
5085	5085	this subsection.
5086	5086	(h) The immunization requirement of subsection (g) shall not apply if
5087	5087	one of the following is obtained:
5088	5088	(1) Certification from a licensed physician stating that the physical
5089	5089	condition of the child is such that immunization would endanger the child's
5090	5090	life or health; or
5091	5091	(2) a written statement signed by a parent or guardian that the parent
5092	5092	or guardian is an adherent of a religious denomination whose teachings are
5093	5093	opposed to immunizations.
5094	5094	Sec. 56. K.S.A. 65-512 is hereby amended to read as follows: 65-512.
5095	5095	(a) It is hereby made the duty of the secretary of health and environment to
5096	5096	inspect or cause to be inspected at least once every 15 months prior to July
5097	5097	1, 2012, and once every 12 months thereafter, every maternity center or
5098	5098	child care facility, unless otherwise provided in subsections (b) and (c).
5099	5099	For the purpose of inspection, the secretary or the secretary's authorized
5100	5100	agent, as an employee of the secretary or who has a contract with the
5101	5101	secretary to provide inspections pursuant to K.S.A. 65-501 et seq. and who
5102	5102	holds a certificate issued pursuant to subsection (c), shall have the right of
5103	5103	entry and access thereto in to every department and to every place in the
5104	5104	premises, shall to call for and examine the records which that are required
5105	5105	to be kept by the provisions of this act and shall to make and preserve a
5106	5106	record of every inspection. The licensee shall give all reasonable
5107	5107	information to the authorized agent of the secretary of health and
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5151	5151	environment and shall afford every reasonable facility for viewing the
5152	5152	premises and seeing the patients or children therein. No such patient or
5153	5153	child, without the consent of the patient or child, shall be required to be
5154	5154	interviewed by any agent unless the agent is an authorized person or a
5155	5155	licensed physician.
5156	5156	(b) (1) On or after the effective date of this act, the secretary of health
5157	5157	and environment shall commence the inspection of registered family day
5158	5158	care homes pursuant to K.S.A. 65-533, and amendments thereto.
5159	5159	(2) The secretary of health and environment shall conduct an
5160	5160	inspection of any child care facility upon receiving a complaint. Any new
5161	5161	child care facility shall be inspected prior to issuance of a license. The
5162	5162	secretary may conduct an inspection of any child care facility that has a
5163	5163	record of repeated complaints or serious violations at any time. Every 12
5164	5164	months, the secretary shall inspect any child care facility that provides
5165	5165	services to military families receiving military assistance for child care
5166	5166	every 12 months.
5167	5167	(c) (1) Except as provided in subsection (b)(2), the following
5168	5168	categories of child care facilities which were in compliance on the
5169	5169	effective date of this act are not required to be inspected until July 1, 2011:
5170	5170	Day care homes, as defined in K.A.R. 28-4-113; group day care homes, as
5171	5171	defined in K.A.R. 28-4-113; child care centers, as defined in K.A.R. 28-4-
5172	5172	420; preschools, as defined in K.A.R. 28-4-420; school-age programs, as
5173	5173	defined in K.A.R. 28-4-576; and drop-in programs, as defined in K.A.R.
5174	5174	28-4-700.The secretary shall create a surveyor certification and provide a
5175	5175	minimum of yearly continuing education to qualify for such certification.
5176	5176	(2) If a surveyor fails to comply with the certification requirements
5177	5177	established by the secretary as provided in paragraph (1), the secretary
5178	5178	may require such surveyor to complete an improvement plan.
5179	5179	(3) If such surveyor does not satisfactorily complete the improvement
5180	5180	plan, the secretary may terminate such surveyor's current certification.
5181	5181	(d) Persons conducting inspections and surveys pursuant to K.S.A.
5182	5182	65-501 et seq., and amendments thereto, shall hold a certification issued
5183	5183	by the secretary.
5184	5184	Sec. 57. On and after July 1, 2026, K.S.A. 2024 Supp. 65-516 is
5185	5185	hereby amended to read as follows: 65-516. (a) No person shall knowingly
5186	5186	maintain a child care facility if an employee who, in this state or in other
5187	5187	states or the federal government:
5188	5188	(1) (A) Has been convicted of a crime that is classified as a person
5189	5189	felony under the Kansas criminal code;
5190	5190	(B) has been convicted of a felony under K.S.A. 2010 Supp. 21-
5191	5191	36a01 through 21-36a17, prior to their transfer, or article 57 of chapter 21
5192	5192	of the Kansas Statutes Annotated, and amendments thereto, or any felony
5193	5193	violation of any provision of the uniform controlled substances act prior to
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5237	5237	July 1, 2009;
5238	5238	(C) has been convicted of any act that is described in articles 34, 35
5239	5239	or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal,
5240	5240	or article 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, and
5241	5241	amendments thereto, or K.S.A. 21-6104, 21-6325, 21-6326, 21-6418
5242	5242	through 21-6422 or 21-6424, and amendments thereto, or been convicted
5243	5243	of an attempt under K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-5301,
5244	5244	and amendments thereto, to commit any such act or been convicted of
5245	5245	conspiracy under K.S.A. 21-3302, prior to its repeal, or K.S.A. 21-5302,
5246	5246	and amendments thereto, to commit such act, or similar statutes of any
5247	5247	other state or the federal government;
5248	5248	(D) has been convicted of any act that is described in K.S.A. 21-4301
5249	5249	or 21-4301a, prior to their repeal, or K.S.A. 21-6401, and amendments
5250	5250	thereto, or similar statutes of any other state or the federal government; or
5251	5251	(E) has been convicted of any act that is described in K.S.A. 21-3718
5252	5252	or 21-3719, prior to their repeal, or K.S.A. 21-5812, and amendments
5253	5253	thereto, or similar statutes of any other state or the federal government;
5254	5254	(2) except as provided in subsection (b), has been adjudicated a
5255	5255	juvenile offender because of having committed an act that if done by an
5256	5256	adult would constitute the commission of a felony and that is a crime
5257	5257	against persons, is any act described in articles 34, 35 or 36 of chapter 21
5258	5258	of the Kansas Statutes Annotated, prior to their repeal, or article 54, 55 or
5259	5259	56 of chapter 21 of the Kansas Statutes Annotated, and amendments
5260	5260	thereto, or K.S.A. 21-6104, 21-6325, 21-6326, 21-6418 through 21-6422
5261	5261	or 21-6424, and amendments thereto, or similar statutes of any other state
5262	5262	or the federal government, or is any act described in K.S.A. 21-4301 or 21-
5263	5263	4301a, prior to their repeal, or K.S.A. 21-6401, and amendments thereto,
5264	5264	or similar statutes of any other state or the federal government;
5265	5265	(3) has been convicted or adjudicated of a crime that requires
5266	5266	registration as a sex offender under the Kansas offender registration act,
5267	5267	K.S.A. 22-4901 et seq., and amendments thereto, as a sex offender in any
5268	5268	other state or as a sex offender on the national sex offender registry;
5269	5269	(4) has committed an act of physical, mental or emotional abuse or
5270	5270	neglect or sexual abuse and who is listed in the child abuse and neglect
5271	5271	registry maintained by the Kansas department for children and families
5272	5272	pursuant to K.S.A. 38-2226, and amendments thereto, or any similar child
5273	5273	abuse and neglect registries maintained by any other state or the federal
5274	5274	government and:
5275	5275	(A) The person has failed to successfully complete a corrective action
5276	5276	plan that had been deemed appropriate and approved by the Kansas
5277	5277	department for children and families or requirements of similar entities in
5278	5278	any other state or the federal government; or
5279	5279	(B) the record has not been expunged pursuant to rules and
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5323	5323	regulations adopted by the secretary for children and families or similar
5324	5324	entities in any other state or the federal government;
5325	5325	(5) has had a child removed from home based on a court order
5326	5326	pursuant to K.S.A. 38-2251, and amendments thereto, in this state, or a
5327	5327	court order in any other state based upon a similar statute that finds the
5328	5328	child to be deprived or a child in need of care based on a finding of
5329	5329	physical, mental or emotional abuse or neglect or sexual abuse and the
5330	5330	child has not been returned to the home or the child reaches majority
5331	5331	before being returned to the home and the person has failed to
5332	5332	satisfactorily complete a corrective action plan approved by the
5333	5333	department of health and environment;
5334	5334	(6) has had parental rights terminated pursuant to the Kansas juvenile
5335	5335	code or K.S.A. 38-2266 through 38-2270, and amendments thereto, or a
5336	5336	similar statute of other states;
5337	5337	(7) has signed a diversion agreement pursuant to K.S.A. 22-2906 et
5338	5338	seq., and amendments thereto, or an immediate intervention agreement
5339	5339	pursuant to K.S.A. 38-2346, and amendments thereto, involving a charge
5340	5340	of child abuse or a sexual offense; or
5341	5341	(8) has an infectious or contagious disease.
5342	5342	(b) If the secretary determines that there is no safety concern, the
5343	5343	secretary may license a family foster home, as defined in K.S.A. 38-134,
5344	5344	and amendments thereto, when a person who has been adjudicated as a
5345	5345	juvenile offender for an offense described in subsection (a)(2):
5346	5346	(1) Was a child in the custody of the secretary and placed with such
5347	5347	family foster home by the secretary;
5348	5348	(2) is 18 years of age or older;
5349	5349	(3) (A) maintains residence at such family foster home; or
5350	5350	(B) has been legally adopted by any person who resides at such
5351	5351	family foster home; and
5352	5352	(4) six months have passed since the date of adjudication.
5353	5353	(c) No person shall maintain a child care facility if such person has
5354	5354	been found to be a person in need of a guardian or a conservator, or both,
5355	5355	as provided in K.S.A. 59-3050 through 59-3095, and amendments thereto.
5356	5356	(d) Any person who resides in a child care facility and who has been
5357	5357	found to be in need of a guardian or a conservator, or both, shall be
5358	5358	counted in the total number of children allowed in care.
5359	5359	(e) In accordance with the provisions of this subsection, the secretary
5360	5360	of health and environment shall have access to any court orders or
5361	5361	adjudications of any court of record, any records of such orders or
5362	5362	adjudications, criminal history record information including, but not
5363	5363	limited to, diversion agreements, in the possession of the Kansas bureau of
5364	5364	investigation and any report of investigations as authorized by K.S.A. 38-
5365	5365	2226, and amendments thereto, in the possession of the Kansas department
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5408	5408	43 HB 2294 64
5409	5409	for children and families or court of this state concerning employees in a
5410	5410	child care facility. The secretary shall have access to these records for the
5411	5411	purpose of determining whether or not the home meets the requirements of
5412	5412	K.S.A. 59-2132, 65-503, 65-508 and 65-516, and amendments thereto.
5413	5413	(f) In accordance with the provisions of this subsection, the secretary
5414	5414	is authorized to conduct national criminal history record checks to
5415	5415	determine criminal history on employees in a child care facility. In order to
5416	5416	conduct a national criminal history check the secretary shall require
5417	5417	fingerprinting for identification and determination of criminal history in
5418	5418	accordance with K.S.A. 2024 Supp. 22-4714, and amendments thereto.
5419	5419	(g) (1) The secretary shall adopt rules and regulations on or before
5420	5420	January 1, 2019, to fix a fee for fingerprinting persons residing, working or
5421	5421	regularly volunteering employees in a child care facility, as may be
5422	5422	required by the department to reimburse the department for the cost of the
5423	5423	fingerprinting.
5424	5424	(2) The secretary shall remit all moneys received from the fees
5425	5425	established under this section to the state treasurer in accordance with the
5426	5426	provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
5427	5427	each such remittance, the state treasurer shall deposit the entire amount in
5428	5428	the state treasury to the credit of the child care criminal background and
5429	5429	fingerprinting fund.
5430	5430	(i)(h) The child care criminal background and fingerprinting fund is
5431	5431	hereby created in the state treasury to be administered by the secretary of
5432	5432	health and environment. All moneys credited to the child care criminal
5433	5433	background and fingerprinting fund shall be used to pay local and state
5434	5434	law enforcement officers and agencies for the processing of fingerprints
5435	5435	and criminal history background checks for the department. All
5436	5436	expenditures from the child care criminal background and fingerprinting
5437	5437	fund shall be made in accordance with appropriation acts upon warrants of
5438	5438	the director of accounts and reports issued pursuant to vouchers approved
5439	5439	by the secretary or by a person designated by the secretary.
5440	5440	(j)(i) The secretary shall notify the child care applicant or licensee,
5441	5441	within seven days by certified mail with return receipt requested, when the
5442	5442	result of the national criminal history record check or other appropriate
5443	5443	review reveals unfitness specified in subsections (a)(1) through (8) with
5444	5444	regard to the person who is the subject of the review.
5445	5445	(k)(j) No child care facility or the employees thereof, shall be liable
5446	5446	for civil damages to any person refused employment or discharged from
5447	5447	employment by reason of such facility's or home's compliance with the
5448	5448	provisions of this section if such home acts in good faith to comply with
5449	5449	this section.
5450	5450	(l)(k) For the purpose of subsection (a)(3), a person listed in the child
5451	5451	abuse and neglect central registry shall not be prohibited from residing,
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5494	5494	43 HB 2294 65
5495	5495	working or volunteering in a child care facility unless such person has:
5496	5496	(1) Had an opportunity to be interviewed and present information
5497	5497	during the investigation of the alleged act of abuse or neglect; and
5498	5498	(2) been given notice of the agency decision and an opportunity to
5499	5499	appeal such decision to the secretary and to the courts pursuant to the
5500	5500	Kansas judicial review act.
5501	5501	(m)(l) In regard to Kansas issued criminal history records:
5502	5502	(1) The secretary of health and environment shall provide in writing
5503	5503	information available to the secretary to each child placement agency
5504	5504	requesting information under this section, including the information
5505	5505	provided by the Kansas bureau of investigation pursuant to this section, for
5506	5506	the purpose of assessing the fitness of persons living, working or regularly
5507	5507	volunteering in a family foster home under the child placement agency's
5508	5508	sponsorship.
5509	5509	(2) The child placement agency is considered to be a governmental
5510	5510	entity and the designee of the secretary of health and environment for the
5511	5511	purposes of obtaining, using and disseminating information obtained under
5512	5512	this section.
5513	5513	(3) The information shall be provided to the child placement agency
5514	5514	regardless of whether the information discloses that the subject of the
5515	5515	request has been convicted of any offense.
5516	5516	(4) Whenever the information available to the secretary reveals that
5517	5517	the subject of the request has no criminal history on record, the secretary
5518	5518	shall provide notice thereof in writing to each child placement agency
5519	5519	requesting information under this section.
5520	5520	(5) Any staff person of a child placement agency who receives
5521	5521	information under this subsection shall keep such information confidential,
5522	5522	except that the staff person may disclose such information on a need-to-
5523	5523	know basis to:
5524	5524	(A) The person who is the subject of the request for information;
5525	5525	(B) the applicant or operator of the family foster home in which the
5526	5526	person lives, works or regularly volunteers;
5527	5527	(C) the department of health and environment;
5528	5528	(D) the Kansas department for children and families;
5529	5529	(E) the department of corrections; and
5530	5530	(F) the courts.
5531	5531	(6) A violation of the provisions of paragraph (5) shall be an
5532	5532	unclassified misdemeanor punishable by a fine of $100 for each violation.
5533	5533	(n) No person shall maintain a day care facility unless such person is
5534	5534	a high school graduate or the equivalent thereof, except where
5535	5535	extraordinary circumstances exist, the secretary of health and environment
5536	5536	may exercise discretion to make exceptions to this requirement. The
5537	5537	provisions of this subsection shall not apply to any person who was
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5581	5581	maintaining a day care facility on the day immediately prior to July 1,
5582	5582	2010, or who had an application for an initial license or the renewal of an
5583	5583	existing license pending on July 1, 2010.
5584	5584	Sec. 58. K.S.A. 65-527 is hereby amended to read as follows: 65-527.
5585	5585	(a) As used in this section:
5586	5586	(1) "Drop-in program" means a child care facility that is not located
5587	5587	in an individual's residence, that serves exclusively school-age children
5588	5588	and youth and where the operator permits children and youth to arrive at
5589	5589	and depart from the program at the child or youth's own volition at
5590	5590	unscheduled times."Child" means an individual who is enrolled or
5591	5591	attending kindergarten, is less than 18 years of age, or is 18 years of age
5592	5592	and has an individualized program plan, is not a volunteer or employee
5593	5593	and is attending a youth development program.
5594	5594	(2) "Individualized program plan" means a written goal-oriented
5595	5595	plan of specialized services for each child with special needs or for each
5596	5596	juvenile offender attending a day reporting program.
5597	5597	(3) "Premises" means the location, including the building and
5598	5598	adjoining grounds, for which the applicant has a temporary permit or
5599	5599	license to conduct a youth development program.
5600	5600	(2)(4) "Public recreation center" means any building used by a
5601	5601	political or taxing subdivision of this state, or by an agency of such
5602	5602	subdivision, for recreation programs that serve children who are less than
5603	5603	18 years of age.
5604	5604	(3)(5) "School" means any building used for instruction of students
5605	5605	enrolled in kindergarten or any of the grades one through 12 by a school
5606	5606	district or an accredited nonpublic school.
5607	5607	(4)(6) "School-age program" means a child care facility that serves
5608	5608	exclusively school-age children and youth but does not include a drop-in
5609	5609	youth development program.
5610	5610	(7) "Youth development program" means a child care facility where
5611	5611	youth activities are conducted that is not located in an individual's
5612	5612	residence and that serves children who are enrolled in kindergarten to less
5613	5613	than 18 years of age.
5614	5614	(b) No license for a drop-in youth development program or school-age
5615	5615	program shall be denied, suspended or revoked on the basis that the
5616	5616	building does not meet the requirements for licensure if the building:
5617	5617	(1) Is a public recreation center or school and is used by school-age
5618	5618	children and youth that are of the same age as children and youth who are
5619	5619	cared for in the drop-in a youth development program or school-age
5620	5620	program;
5621	5621	(2) complies, during all hours of operation of the drop-in a youth
5622	5622	development program or school-age program, with the Kansas fire
5623	5623	prevention code or a building code that is by law deemed to comply with
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5667	5667	the Kansas fire prevention code; and
5668	5668	(3) complies, except as provided in subsection (c), during all hours of
5669	5669	operation of the drop-in a youth development program or school-age
5670	5670	program, with all local building code provisions that apply to recreation
5671	5671	centers, if the building is a public recreation center, or to schools, if the
5672	5672	building is a school.
5673	5673	(c) If the standards that a building is required to comply with
5674	5674	pursuant to subsections (b)(2) and (b)(3) conflict or are otherwise
5675	5675	inconsistent, then the standards provided by subsection (b)(2) shall control.
5676	5676	(d) No license for a drop-in youth development program or school-age
5677	5677	program that operates in accordance with subsection (b)(1) shall be denied,
5678	5678	suspended or revoked based on an environmental deficiency and shall be
5679	5679	approved or renewed if:
5680	5680	(1) The environmental deficiency does not pose an imminent risk to
5681	5681	children and youth;
5682	5682	(2) the environmental deficiency is outside the applicant's or
5683	5683	licensee's immediate authority to correct; and
5684	5684	(3) the applicant or licensee has notified the public recreation center
5685	5685	or school of the environmental deficiency.
5686	5686	(e) Whenever drop-in program or words of like effect, are referred to
5687	5687	or designated by any statute, rule or regulation, contract or any other
5688	5688	document, such reference or designation shall apply to a youth
5689	5689	development program.
5690	5690	(f) This section shall expire on June 30, 2026.
5691	5691	Sec. 59. On and after July 1, 2026, K.S.A. 65-531 is hereby amended
5692	5692	to read as follows: 65-531. On and after July 1, 1996: (a) Except as
5693	5693	provided further, information and records which that pertain to the
5694	5694	immunization status of persons against childhood diseases as required by
5695	5695	K.S.A. 65-508, and amendments thereto, may be disclosed and exchanged
5696	5696	without a parent or guardian's written release authorizing such disclosure,
5697	5697	to the following, who need to know such information to assure compliance
5698	5698	with state statutes or to achieve age appropriate age-appropriate
5699	5699	immunization status for children:
5700	5700	(1) Employees of public agencies or departments;
5701	5701	(2) health records staff of child care facilities, including, but not
5702	5702	limited to, facilities licensed by the secretary of health and environment;
5703	5703	(3) persons other than public employees who are entrusted with the
5704	5704	regular care of those under the care and custody of a state agency,
5705	5705	including, but not limited to, operators of day care facilities, group homes,
5706	5706	residential care facilities and adoptive or foster homes; and
5707	5707	(4) health carehealthcare professionals.
5708	5708	(b) Notwithstanding K.S.A. 60-427, and amendments thereto, or any
5709	5709	other Kansas statute which that provides for privileged information
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5753	5753	between a patient and a health care healthcare provider, there shall be no
5754	5754	privilege preventing the furnishing of information and records as
5755	5755	authorized by this section by any health care healthcare provider.
5756	5756	(c) Information and records which that pertain to the immunization
5757	5757	status of persons against childhood diseases as required by K.S.A. 65-508,
5758	5758	and amendments thereto, whose parent or guardian has submitted a written
5759	5759	statement of religious objection to immunization as provided in K.S.A. 65-
5760	5760	508, and amendments thereto, may not be disclosed or exchanged without
5761	5761	a parent or guardian's written release authorizing such disclosure.
5762	5762	Sec. 60. On and after July 1, 2026, K.S.A. 72-4161 is hereby
5763	5763	amended to read as follows: 72-4161. As used in this act:
5764	5764	(a) "Board" means the board of education of any school district.
5765	5765	(b) "Executive director" means the executive director of the Kansas
5766	5766	office of early childhood.
5767	5767	(c) "Infant" and "toddler" means any child under the age of eligibility
5768	5768	for school attendance.
5769	5769	(d) "Parent education program" means a program developed and
5770	5770	operated by a board for the purpose of providing expectant parents and
5771	5771	parents of infants or toddlers or both with information, advice, assistance,
5772	5772	resource materials, guidance and learning experiences regarding such
5773	5773	measures as parenting skills and the various styles of parenting, the
5774	5774	processes and principles of growth and development of children, home
5775	5775	learning activities designed for infants and toddlers, techniques
5776	5776	emphasizing a positive approach to discipline, effective methods of
5777	5777	communicating and interacting with children so as to foster the
5778	5778	development of self-esteem, strategies for structuring behavioral limits
5779	5779	and increasing mutual positive regard, and other elements of effective
5780	5780	parenting that are conducive to the structuring of a home environment in
5781	5781	which children are encouraged to be successful and productive learners.
5782	5782	(e) "School district" means any public school district organized and
5783	5783	operating under the laws of this state.
5784	5784	(c) "Parent education program" means a program developed and
5785	5785	operated by a board for the purpose of providing expectant parents and
5786	5786	parents of infants or toddlers or both with information, advice, assistance,
5787	5787	resource materials, guidance and learning experiences regarding such
5788	5788	measures as parenting skills and the various styles of parenting, the
5789	5789	processes and principles of growth and development of children, home
5790	5790	learning activities designed for infants and toddlers, techniques
5791	5791	emphasizing a positive approach to discipline, effective methods of
5792	5792	communicating and interacting with children so as to foster the
5793	5793	development of self-esteem, strategies for structuring behavioral limits and
5794	5794	increasing mutual positive regard, and other elements of effective
5795	5795	parenting that are conducive to the structuring of a home environment in
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5839	5839	which children are encouraged to be successful and productive learners.
5840	5840	(d) "Infant" and "toddler" means any child under the age of eligibility
5841	5841	for school attendance.
5842	5842	(e) "State board" means the state board of education.
5843	5843	Sec. 61. On and after July 1, 2026, K.S.A. 72-4162 is hereby
5844	5844	amended to read as follows: 72-4162. (a) The board of every school
5845	5845	district may:
5846	5846	(1) Develop and operate a parent education program;
5847	5847	(2) enter into cooperative or interlocal agreements with one or more
5848	5848	other boards for the development and operation of a parent education
5849	5849	program;
5850	5850	(3) contract with private, nonprofit corporations or associations or
5851	5851	with any public or private agency or institution, whether located within or
5852	5852	outside the state, for the provision of services which that are appropriate to
5853	5853	a parent education program; and
5854	5854	(4) apply for a grant of state moneys to supplement amounts
5855	5855	expended by the school district for development and operation of a parent
5856	5856	education program.
5857	5857	(b) In order to be eligible to receive a grant of state moneys for the
5858	5858	development and operation of a parent education program, a board shall
5859	5859	submit to the state board executive director an application for a grant and a
5860	5860	description of the program. The application and description shall be
5861	5861	prepared in such form and manner as the state board executive director
5862	5862	shall require and shall be submitted at a time to be determined and
5863	5863	specified by the state board executive director. Approval by the state board
5864	5864	executive director of the program and the application is prerequisite to the
5865	5865	award of a grant.
5866	5866	(c) Each board which that is awarded a grant under this act shall
5867	5867	make such periodic and special reports of statistical and financial
5868	5868	information to the state board executive director as it the executive director
5869	5869	may request.
5870	5870	Sec. 62. On and after July 1, 2026, K.S.A. 72-4163 is hereby
5871	5871	amended to read as follows: 72-4163. (a) The state board executive
5872	5872	director shall adopt rules and regulations for the administration of this act
5873	5873	and shall:
5874	5874	(1) Establish standards and criteria for reviewing, evaluating and
5875	5875	approving parent education programs and applications of school districts
5876	5876	for grants;
5877	5877	(2) conduct a needs-assessment survey of school districts applying for
5878	5878	grants;
5879	5879	(3) evaluate and approve parent education programs;
5880	5880	(4) establish priorities in accordance with the findings of the needs-
5881	5881	assessment survey for the award of grants to school districts and for
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5925	5925	determination of the amount of such grants;
5926	5926	(5) be responsible for awarding grants to school districts; and
5927	5927	(6) request of and receive from each school district which that is
5928	5928	awarded a grant for development and operation of a parent education
5929	5929	program reports containing information with regard to the effectiveness of
5930	5930	the program.
5931	5931	(b) In evaluating and approving parent education programs for the
5932	5932	award of grants to school districts, the state board executive director shall
5933	5933	consider:
5934	5934	(1) Prior experiences of school districts in the development and
5935	5935	operation of parent education programs;
5936	5936	(2) level of effort exhibited by school districts in the development and
5937	5937	operation of parent education programs;
5938	5938	(3) the amounts budgeted by school districts for the development and
5939	5939	operation of parent education programs; and
5940	5940	(4) the potential effectiveness of the parent education programs for
5941	5941	which applications for the grant of state moneys are made.
5942	5942	Sec. 63. On and after July 1, 2026, K.S.A. 72-4164 is hereby
5943	5943	amended to read as follows: 72-4164. (a) (1) In the 1990-91 school year, to
5944	5944	the extent that appropriations are available therefor, and on the basis of
5945	5945	established priorities, the state board shall select for the award of grants of
5946	5946	state moneys those school districts, not to exceed 100 school districts,
5947	5947	which the state board determines to be most capable of developing and
5948	5948	operating successful parent education programs.
5949	5949	(2) In the 1991-92 school year, to the extent that appropriations are
5950	5950	available therefor, and on the basis of established priorities, the state board
5951	5951	shall select for the award of grants of state moneys those school districts,
5952	5952	not to exceed 200 school districts, which the state board determines to be
5953	5953	most capable of developing and operating successful parent education
5954	5954	programs.
5955	5955	(3) In the 1992-93 school year and In each school year thereafter, to
5956	5956	the extent that appropriations are available therefor, each school district
5957	5957	which that has developed and is operating an approved parent education
5958	5958	program shall be eligible to receive a grant of state moneys.
5959	5959	(b) The amount of a grant awarded to a school district shall be
5960	5960	determined by the state board executive director in accordance with
5961	5961	established priorities, but in no event shall such amount exceed the amount
5962	5962	of actual expenses incurred by the school district in the development and
5963	5963	operation of a program. If the amount of appropriations for parent
5964	5964	education programs is insufficient to pay in full the amount that each
5965	5965	school district is determined to be eligible to receive, the state board
5966	5966	executive director shall prorate the amount appropriated among all school
5967	5967	districts in proportion to the amount that each such school district is
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6011	6011	determined to be eligible to receive.
6012	6012	Sec. 64. On and after July 1, 2026, K.S.A. 72-4166 is hereby
6013	6013	amended to read as follows: 72-4166. The state board executive director, in
6014	6014	cooperation with the Kansas department for children and families, the state
6015	6015	department of health and environment, and other appropriate associations
6016	6016	and organizations, may provide any board, upon its request therefor, with
6017	6017	technical advice and assistance regarding the development and operation
6018	6018	of a parent education program or an application for a grant of state
6019	6019	moneys, and may make studies and gather and disseminate information
6020	6020	regarding materials, resources, procedures and personnel which that are or
6021	6021	may become available to assist school districts in the development and
6022	6022	operation of parent education programs.
6023	6023	Sec. 65. K.S.A. 38-1901, 38-2103, 65-505, 65-508, 65-512, 65-527
6024	6024	and K.S.A. 2024 Supp. 48-3406 and 65-503 are hereby repealed.
6025	6025	Sec. 66. On and after July 1, 2026, section 1, as enacted by this act,
6026	6026	section 3, as enacted by this act, section 5, as enacted by this act, section 7,
6027	6027	as enacted by this act, section 9, as enacted by this act, section 11, as
6028	6028	enacted by this act, section 13, as enacted by this act, section 15, as
6029	6029	enacted by this act, 65-504, 65-508, as amended by section 54 of this act,
6030	6030	65-531, 72-4161, 72-4162, 72-4163, 72-4164 and 72-4166 and K.S.A.
6031	6031	2024 Supp. 65-503, as amended by section 50 of this act, and 65-516 are
6032	6032	hereby repealed.
6033	6033	Sec. 67. This act shall take effect and be in force from and after its
6034	6034	publication in the statute book.
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