Signed by Governor Laura Kelly

Vote Smart's Synopsis:

Vote to adopt a conference report and pass a bill that establishes the Office of Early Childhood in Kansas.

Highlights:

• Amends references to drop-in programs to instead refer to youth development programs (Sec. 1-49).

• Requires that licensed childcare providers in Kansas hire a program director or lead teacher who meets certain criteria (Sec. 1).

• Authorizes providers to hire assistant teachers and prohibits program directors from requiring applicants to meet educational requirements (Sec. 1).

• Authorizes the Secretary of Health and Environment to waive specified provisions on a case-by-case basis (Sec. 1-5).

• Requires that any person providing licensed childcare complete 8-10 hours of development training per year as specified by the secretary (Sec. 2).

• Specifies how proof of completion is to be submitted (Sec. 2).

• Prohibits the secretary from requiring licensure for those providing care to fewer than 4 children for a period less than 35 hours per week (Sec. 2).

• Requires that licensed childcare facilities (Sec. 3-45):

• Meet specified safety and maintenance standards;

• Contain a minimum of 28 square feet of floor space per child; and 

• Contain a minimum of 60 square feet of outdoor space per child.

• Prohibits the secretary from requiring that a licensee live in the child care home (Sec. 4).

• Authorizes the secretary to develop and operate pilot programs designed to increase the availability or capacity of day care facilities (Sec. 6).

• Prohibits the secretary from licensing any staff, program, or facility that would endanger the health, safety, and welfare of any child (Sec. 6).

• Authorizes the secretary to issue licenses for 5-year terms and specifies how facilities may apply for licenses (Sec. 6-17).

• Establishes an additional 2-year extension for pilot program participants (Sec. 6).

• Prohibits the secretary from imposing restrictions on the use of 15-passenger vans purchased on or before July 1, 2025 (Sec. 7).

• Establishes the Kansas Office of Early Childhood to increase the transparency, safety, and efficiency of related programs and policies (Sec. 8).

• Establishes that the director of early childhood shall administer the office and specifies that the director shall be appointed by the governor (Sec. 8).

• Specifies how the director shall request appropriations from the Legislature (Sec. 8).

• Specifies that the office shall be subject to audit (Sec. 8).

• Specifies that the director shall maintain an office in Topeka, Kansas (Sec. 8).

• Requires that the governor establish an interagency transition team before the full installation of the director on July 1, 2026 (Sec. 8).

• Establishes various responsibilities and functions of the office (Sec. 9).

• Specifies how the director shall be accountable for the efficient and compliant use of allocated funds (Sec. 9).

• Requires that the director submit an annual report to the Legislature concerning the office’s spending and adherence to metrics and specifies what information the report is to include (Sec. 9).

• Establishes various functions and responsibilities of the director (Sec. 10).

• Prohibits the director from requiring educational outcomes or curriculum for persons or entities licensed (Sec. 10).

• Authorizes the director to appoint specified subordinate officers (Sec. 10-11).

• Establishes the deputy director of child care licensure and finance and establishes related functions and responsibilities (Sec. 10-11).

• Establishes the child care ombudsman and establishes related functions and responsibilities (Sec. 11).

• Establishes the deputy director of home visitation and establishes related functions and responsibilities (Sec. 10-11).

• Establishes the deputy director of the Kansas Children's Cabinet and related associated functions and responsibilities (Sec. 10-11).

• Requires that all allocated funds, property, and staff be transferred to the office on or before July 1, 2026 (Sec. 13).

• Authorizes legal action to be brought against the office on or after July 1, 2026 (Sec. 13).

• Prohibits the reimbursement of providers for unfilled child care slots (Sec. 14).

• Prohibits the operation of unlicensed day care facilities for children under 16 years of age and specifies exceptions (Sec. 14).

• Prohibits the director from issuing a license until an inspection has been conducted (Sec. 17).

• Authorizes the director to issue temporary 90-day licenses under certain circumstances (Sec. 17).

• Authorizes the office to take certain actions to conduct investigations as it deems necessary and authorizes the director to revoke licenses under certain circumstances (Sec. 17).

• Specifies that providers who have had their licenses revoked shall not be eligible to reapply for 1 year and specifies the circumstances under which repeat offenders shall be permanently ineligible (Sec. 17).

• Requires the director to provide certain notice to applicants regarding their status and specifies how such rejections or rescissions may be appealed (Sec. 17-19).

• Prohibits the director from charging an annual fee to a day care facility and prohibits the director from charging an annual fee over $150 to a child care facility (Sec. 17-45).

• Establishes a minimum fee of $75 for late renewals filed more than 30 days past expiration (Sec. 17).

• Establishes a fee not to exceed $35 for amendments to submitted license applications (Sec. 17).

• Establishes the Day Care Facilities and Child Care Resource and Referral Agencies Licensing Fee Fund and requires adherence to specified policies and procedures (Sec. 17).

• Requires that licensed providers keep records that list each child’s name, age, their parents’ or guardians’ contact information, and other specified information (Sec. 19).

• Specifies that information collected under the aforementioned provision shall be kept confidential (Sec. 19).

• Requires that the director develop and adopt regulations for the operation and maintenance of day care facilities for specified purposes (Sec. 19-30).

• Establishes additional requirements surrounding the care of children under 12 months of age and specifies that the director may make discretionary exceptions based on a child’s special health needs (Sec. 21).

• Requires that children at licensed facilities remain current on immunizations, specifies exceptions, and requires facilities to track and report children’s immunizations (Sec. 21-45).

• Prohibits facilities from caring for adults except under specified exceptions (Sec. 22).

• Requires the director to inspect facilities once every 12 months or upon having received a complaint and requires that facilities provide information and access as requested (Sec. 22).

• Prohibits agents from interviewing a child without the consent of the child's parent and repeals an exception (Sec. 22-45).

• Requires that the director establish a surveyor certification and specifies requirements (Sec. 22-45).

• Authorizes the director to require noncompliant facilities to complete an improvement plan and authorizes the director to revoke certification from facilities that have not satisfactorily completed their aforementioned improvement plan (Sec. 23-45).

• Establishes notification requirements for noncompliant facilities (Sec. 24).

• Establishes a fine of no less than $5 and no more than $50 for each day a facility remains noncompliant (Sec. 25).

• Authorizes legal action to be brought against noncompliant facilities (Sec. 26).

• Prohibits facilities from employing individuals convicted of certain offenses and authorizes facilities to take certain investigative actions during the hiring process (Sec. 27).

• Establishes the Day Care Criminal Background and Fingerprinting Fund for processing fingerprinting and background checks of applicants (Sec. 27).

• Establishes further hiring requirements (Sec. 27).

• Authorizes the director to make certain exceptions to aforementioned provisions (Sec. 28-29).

• Specifies that certain records containing personally identifiable information are to be kept confidential except under specified circumstances (Sec. 30).

• Establishes a civil fine of no more than $500 for violations of aforementioned provisions which significantly and adversely affect the health, safety, or sanitation of children (Sec. 30).

• Specifies exceptions to facility building and environmental requirements and inspections (Sec. 30).

• Prohibits smoking in facilities and requires both the posting of written notice and availability of fire extinguishers (Sec. 35).

• Requires the director to establish an online information dissemination system that is accessible to the public and includes the names of licensees, applicants, and history of citations and substantiated findings (Sec. 36).

• Establishes the Kansas Children’s Cabinet and specifies the composition of its membership (Sec. 37).

• Specifies that the presence of 5 voting members out of 18 total members shall constitute a quorum (Sec. 37). 

• Establishes various functions and responsibilities of the cabinet (Sec. 37).

• Amends and expands licensing exemptions relating to schools, day cares, and referral agencies (Sec. 40).

• Repeals a requirement that day care facilities post the expiration date of their license (Sec. 40).

• Specifies that certain aforementioned provisions shall take statutory effect July 1, 2025, through June 30, 2026, after which they shall be administered directly by the director of early childhood (Sec. 1-53).

Full Bill Text

Vote Smart's Synopsis:

Vote to adopt a conference report and pass a bill that establishes the Office of Early Childhood in Kansas.

Highlights:

• Amends references to drop-in programs to instead refer to youth development programs (Sec. 1-49).

• Requires that licensed childcare providers in Kansas hire a program director or lead teacher who meets certain criteria (Sec. 1).

• Authorizes providers to hire assistant teachers and prohibits program directors from requiring applicants to meet educational requirements (Sec. 1).

• Authorizes the Secretary of Health and Environment to waive specified provisions on a case-by-case basis (Sec. 1-5).

• Requires that any person providing licensed childcare complete 8-10 hours of development training per year as specified by the secretary (Sec. 2).

• Specifies how proof of completion is to be submitted (Sec. 2).

• Prohibits the secretary from requiring licensure for those providing care to fewer than 4 children for a period less than 35 hours per week (Sec. 2).

• Requires that licensed childcare facilities (Sec. 3-45):

• Meet specified safety and maintenance standards;

• Contain a minimum of 28 square feet of floor space per child; and 

• Contain a minimum of 60 square feet of outdoor space per child.

• Prohibits the secretary from requiring that a licensee live in the child care home (Sec. 4).

• Authorizes the secretary to develop and operate pilot programs designed to increase the availability or capacity of day care facilities (Sec. 6).

• Prohibits the secretary from licensing any staff, program, or facility that would endanger the health, safety, and welfare of any child (Sec. 6).

• Authorizes the secretary to issue licenses for 5-year terms and specifies how facilities may apply for licenses (Sec. 6-17).

• Establishes an additional 2-year extension for pilot program participants (Sec. 6).

• Prohibits the secretary from imposing restrictions on the use of 15-passenger vans purchased on or before July 1, 2025 (Sec. 7).

• Establishes the Kansas Office of Early Childhood to increase the transparency, safety, and efficiency of related programs and policies (Sec. 8).

• Establishes that the director of early childhood shall administer the office and specifies that the director shall be appointed by the governor (Sec. 8).

• Specifies how the director shall request appropriations from the Legislature (Sec. 8).

• Specifies that the office shall be subject to audit (Sec. 8).

• Specifies that the director shall maintain an office in Topeka, Kansas (Sec. 8).

• Requires that the governor establish an interagency transition team before the full installation of the director on July 1, 2026 (Sec. 8).

• Establishes various responsibilities and functions of the office (Sec. 9).

• Specifies how the director shall be accountable for the efficient and compliant use of allocated funds (Sec. 9).

• Requires that the director submit an annual report to the Legislature concerning the office’s spending and adherence to metrics and specifies what information the report is to include (Sec. 9).

• Establishes various functions and responsibilities of the director (Sec. 10).

• Prohibits the director from requiring educational outcomes or curriculum for persons or entities licensed (Sec. 10).

• Authorizes the director to appoint specified subordinate officers (Sec. 10-11).

• Establishes the deputy director of child care licensure and finance and establishes related functions and responsibilities (Sec. 10-11).

• Establishes the child care ombudsman and establishes related functions and responsibilities (Sec. 11).

• Establishes the deputy director of home visitation and establishes related functions and responsibilities (Sec. 10-11).

• Establishes the deputy director of the Kansas Children's Cabinet and related associated functions and responsibilities (Sec. 10-11).

• Requires that all allocated funds, property, and staff be transferred to the office on or before July 1, 2026 (Sec. 13).

• Authorizes legal action to be brought against the office on or after July 1, 2026 (Sec. 13).

• Prohibits the reimbursement of providers for unfilled child care slots (Sec. 14).

• Prohibits the operation of unlicensed day care facilities for children under 16 years of age and specifies exceptions (Sec. 14).

• Prohibits the director from issuing a license until an inspection has been conducted (Sec. 17).

• Authorizes the director to issue temporary 90-day licenses under certain circumstances (Sec. 17).

• Authorizes the office to take certain actions to conduct investigations as it deems necessary and authorizes the director to revoke licenses under certain circumstances (Sec. 17).

• Specifies that providers who have had their licenses revoked shall not be eligible to reapply for 1 year and specifies the circumstances under which repeat offenders shall be permanently ineligible (Sec. 17).

• Requires the director to provide certain notice to applicants regarding their status and specifies how such rejections or rescissions may be appealed (Sec. 17-19).

• Prohibits the director from charging an annual fee to a day care facility and prohibits the director from charging an annual fee over $150 to a child care facility (Sec. 17-45).

• Establishes a minimum fee of $75 for late renewals filed more than 30 days past expiration (Sec. 17).

• Establishes a fee not to exceed $35 for amendments to submitted license applications (Sec. 17).

• Establishes the Day Care Facilities and Child Care Resource and Referral Agencies Licensing Fee Fund and requires adherence to specified policies and procedures (Sec. 17).

• Requires that licensed providers keep records that list each child’s name, age, their parents’ or guardians’ contact information, and other specified information (Sec. 19).

• Specifies that information collected under the aforementioned provision shall be kept confidential (Sec. 19).

• Requires that the director develop and adopt regulations for the operation and maintenance of day care facilities for specified purposes (Sec. 19-30).

• Establishes additional requirements surrounding the care of children under 12 months of age and specifies that the director may make discretionary exceptions based on a child’s special health needs (Sec. 21).

• Requires that children at licensed facilities remain current on immunizations, specifies exceptions, and requires facilities to track and report children’s immunizations (Sec. 21-45).

• Prohibits facilities from caring for adults except under specified exceptions (Sec. 22).

• Requires the director to inspect facilities once every 12 months or upon having received a complaint and requires that facilities provide information and access as requested (Sec. 22).

• Prohibits agents from interviewing a child without the consent of the child's parent and repeals an exception (Sec. 22-45).

• Requires that the director establish a surveyor certification and specifies requirements (Sec. 22-45).

• Authorizes the director to require noncompliant facilities to complete an improvement plan and authorizes the director to revoke certification from facilities that have not satisfactorily completed their aforementioned improvement plan (Sec. 23-45).

• Establishes notification requirements for noncompliant facilities (Sec. 24).

• Establishes a fine of no less than $5 and no more than $50 for each day a facility remains noncompliant (Sec. 25).

• Authorizes legal action to be brought against noncompliant facilities (Sec. 26).

• Prohibits facilities from employing individuals convicted of certain offenses and authorizes facilities to take certain investigative actions during the hiring process (Sec. 27).

• Establishes the Day Care Criminal Background and Fingerprinting Fund for processing fingerprinting and background checks of applicants (Sec. 27).

• Establishes further hiring requirements (Sec. 27).

• Authorizes the director to make certain exceptions to aforementioned provisions (Sec. 28-29).

• Specifies that certain records containing personally identifiable information are to be kept confidential except under specified circumstances (Sec. 30).

• Establishes a civil fine of no more than $500 for violations of aforementioned provisions which significantly and adversely affect the health, safety, or sanitation of children (Sec. 30).

• Specifies exceptions to facility building and environmental requirements and inspections (Sec. 30).

• Prohibits smoking in facilities and requires both the posting of written notice and availability of fire extinguishers (Sec. 35).

• Requires the director to establish an online information dissemination system that is accessible to the public and includes the names of licensees, applicants, and history of citations and substantiated findings (Sec. 36).

• Establishes the Kansas Children’s Cabinet and specifies the composition of its membership (Sec. 37).

• Specifies that the presence of 5 voting members out of 18 total members shall constitute a quorum (Sec. 37). 

• Establishes various functions and responsibilities of the cabinet (Sec. 37).

• Amends and expands licensing exemptions relating to schools, day cares, and referral agencies (Sec. 40).

• Repeals a requirement that day care facilities post the expiration date of their license (Sec. 40).

• Specifies that certain aforementioned provisions shall take statutory effect July 1, 2025, through June 30, 2026, after which they shall be administered directly by the director of early childhood (Sec. 1-53).

Full Bill Text