early childhood education; child care

HB2856 - 572R - I Ver

REFERENCE TITLE:
early childhood education; child care

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2856

Introduced by

Representative
Blackman

AN
ACT

amending section 8-1195, Arizona
Revised Statutes; amending title 15, chapter 2, Arizona Revised Statutes, by
adding article 4.1; amending sections 36-881, 36-897 and 46-801,
Arizona Revised Statutes; appropriating monies; relating to early childhood
education.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Subject to the requirements of
article IV, part 1, section 1, Constitution of Arizona, section 8-1195,
Arizona Revised Statutes, is amended to read:

START_STATUTE
8-1195.

Executive director compensation; duties; regional and board
staff; central office; expenditure of funds

A. The board shall appoint and set the compensation
of the executive director.

B. The executive director is responsible for
managing, administering and supervising the activities of the board's staff,
including regional directors and staff hired pursuant to section 8-1163.

C. The executive director shall appoint and set the
compensation of:

1. Regional directors and staff as authorized by the
board pursuant to section 8-1163.

2. Additional board staff necessary to perform the
duties specified by this chapter.

D. The executive director, regional directors,
regional staff and other board staff are eligible to receive compensation
pursuant to section 38-611 and are public employees for purposes of title 38.�
Their compensation may only be paid from the administrative costs account
established by section 8-1181.

E. The executive director shall establish, equip and
maintain a central office and such field offices as the executive director
deems necessary
, except that the executive director shall share
offices and staff with the department of early childhood education established
by section 15-281 to the greatest extent possible
.

F. The executive director or his designee shall
authorize all expenditures of money under this chapter, which shall be paid as
other claims against this state out of the early childhood development and
health fund established by section 8-1181.
END_STATUTE

Sec. 2. Title 15, chapter 2, Arizona Revised
Statutes, is amended by adding article 4.1, to read:

ARTICLE 4.1. DEPARTMENT OF
EARLY CHILDHOOD EDUCATION

START_STATUTE
15-281.

Department; director; appointment; compensation

A. The department of early childhood
education is established.

B. The governor shall appoint a
director of the department pursuant to section 38-211.� The direction,
operation and control of the department are the responsibility of the director,
who serves at the pleasure of the governor.

C. The director shall receive
compensation as determined pursuant to section 38-611.
END_STATUTE

START_STATUTE
15-282.

Powers and duties

Notwithstanding any other law, the department of
early childhood education shall:

1. Establish and administer a
voluntary early learning institution certification program.�

2. Provide training for certified
early learning institutions.

3. Enter into a memorandum of
understanding with the department of public safety to create a priority channel
for processing fingerprint clearance card applications for childcare workers
and reduce processing times for the private sector.

4. Develop and maintain an online
platform that enables business owners to do any of the following:

(
a
) Apply for
an initial license or license renewal pursuant to title 36, chapter 7.1.

(
b
) Manage
subsidy payments and reimbursements pursuant to title 46, chapter 7.

(
c
) Apply for
background checks.

(
d
) Submit any
reports or documentation required to demonstrate compliance with legal
requirements, including compliance with requirements relating to the voluntary
early learning institution certification program established pursuant to
section 15-283.

5. Coordinate with other public
bodies to avoid duplicate inspections relating to the same safety or facility
standards.

6. Serve as the primary strategic
partner for the early childhood development and health board established by
title 8, chapter 13.

7. Coordinate with the early
childhood development and health board to avoid duplicating services.
END_STATUTE

START_STATUTE
15-283.

Early learning; academic standards; institutions; certification
program

A. The state board of education shall
adopt academic standards and prescribe minimum competency requirements for
children who are at least three years of age but not more than five years of
age and that include all of the following:

1. Age-appropriate instruction in
science, technology, engineering and mathematics concepts.

2. Phonics and pre-reading
skills that are essential for entry into a kindergarten program.

3. Classroom behavior and peer
interaction skills.

B. Notwithstanding any other law, the
department of early childhood education shall Establish and administer a
voluntary early learning institution certification program.� The department
shall:

1. Exercise general supervision over
and regulate certified early learning institutions.

2. Annually audit each certified
early learning institution to verify that that certified early learning
institution is both:

(
a
) Using state
monies for only educational purposes.

(
b
) Meeting or
exceeding the minimum competency requirements prescribed by the state board of
education pursuant to subsection A of this section.

3. If a certified early learning
institution fails to meet the minimum competency requirements prescribed by the
state board of education pursuant to subsection A of this section, the
department shall either:

(
a
) PLACE the
certified early learning institution on probation.

(
b
) Revoke the
certification.

C. A person may apply to be certified
as an early learning institution by submitting an application to the department
of early childhood education in a form and manner prescribed by the
department.� The department may approve an application submitted pursuant to
this subsection only if the applicant meets all of the following requirements:

1. Is licensed pursuant to title 36,
chapter 7.1 and in good standing.

2. Prescribe curricula requirements
that include the academic standards adopted by the state board of education
pursuant to subsection A of this section.

D. Notwithstanding any other law, a
certified early learning institution is eligible for the same educational
grants, tax credits and streamlined zoning privileges for which public schools
are eligible.
END_STATUTE

Sec. 3. Section 36-881, Arizona Revised
Statutes, is amended to read:

START_STATUTE
36-881
.
Definitions

In this article, unless the context otherwise requires:

1. "Child" means any person through the
age of fourteen years.� Child also means a person who is under eighteen years
of age if the child has a developmental disability as defined in section 36-551
or has at least one of the disabilities listed in section 15-761,
paragraph 2 and requires special education as defined in section 15-761.

2. "Child care" means the care,
supervision and guidance of a child or children, unaccompanied by a parent,
guardian or custodian, on a regular basis, for periods of less than twenty-four
hours per day, in a place other than the child's or the children's own home or
homes.

3. "Child care facility" means any
facility in which child care is regularly provided for compensation for five or
more children not related to the proprietor.

4. "Controlling person" means a person
who:

(a) Through ownership, has the power to vote at
least ten
per cent

percent
of the
outstanding voting securities.

(b) If the applicant or licensee is a partnership,
is the general partner or a limited partner who holds at least ten
per cent

percent
of the voting rights of
the partnership.�

(c) If the applicant or licensee is a corporation,
an association or a limited liability company, is the president, the chief
executive officer, the incorporator, an agent or any person who owns or
controls at least ten
per cent

percent
of
the voting securities.

(d) Holds a beneficial interest in ten
per cent

percent
or more of the
liabilities of the applicant or the licensee.

5. "Department" means the department of
health services
early childhood education
established by section 15-281
.

6. "Director" means the director of the
department
of health services
.

7. "Person" means an individual,
partnership, corporation, limited liability company, association, day nursery,
nursery school, day camp, kindergarten, child care agency, school governing
board, charter school or child care center that operates a child care facility.

8. "Substantial compliance" means that the
nature or number of violations revealed by any type of inspection or
investigation of an applicant for licensure or a licensed child care facility
does not pose a direct risk to the life, health or safety of children.
END_STATUTE

Sec. 4. Section 36-897, Arizona Revised
Statutes, is amended to read:

START_STATUTE
36-897.

Definitions

In this article, unless the context otherwise requires:

1. "Child care group home" means a
residential facility in which child care is regularly provided for compensation
for periods of less than twenty-four hours per day for not less than five
children but no more than ten children through the age of twelve years.

2. "Department" means the department of
health services

early childhood education
established by section 15-281
.

3. "Provider" means the certificate holder
or a person the certificate holder designates in writing who, pursuant to
applicable statutes and rules, is to be responsible for direct daily
supervision, operation and maintenance of the child care group home.

4. "Substantial compliance" means that the
nature or number of violations revealed by any type of inspection or
investigation of an applicant for certification as a child care group home or a
certified child care group home does not pose a direct risk to the life, health
or safety of children.
END_STATUTE

Sec. 5. Section 46-801, Arizona Revised
Statutes, is amended to read:

START_STATUTE
46-801.

Definitions

In this chapter, unless the context otherwise requires:

1. "Caretaker relative" means a relative
who exercises responsibility for the day-to-day physical care, guidance and
support of a child who physically resides with the relative and who is by
affinity or consanguinity or by court decree a grandparent, great-grandparent,
sibling of the whole or half blood, stepbrother, stepsister, aunt, uncle, great-aunt,
great-uncle or first cousin.

2. "Cash assistance" has the same meaning
prescribed in section 46-101.

3. "Child" means a person who is under
thirteen years of age.

4. "Child care" means the compensated
service that is provided to a child who is unaccompanied by a parent or
guardian during a portion of a twenty-four hour day.

5. "Child care assistance" means any money
payments for child care services that are paid by the department and that are
paid for the benefit of an eligible family.

6. "Child care home provider" means a
person who is at least eighteen years of age, who is not the parent, guardian,
caretaker relative or noncertified relative provider of a child needing child
care and who is certified by the department to care for four or fewer children
for compensation with child care assistance monies.

7. "Child care providers" means child care
facilities licensed pursuant to title 36, chapter 7.1, article 1, child care
group homes certified pursuant to title 36, chapter 7.1, article 4, child care
home providers, in-home providers, noncertified relative providers and
regulated child care on military installations or for federally recognized
Indian tribes.

8. "Department" means the
department of early childhood education established by section 15-281.

8.

9.
"Eligible
family" means citizens or legal residents of the United States or
individuals who are otherwise lawfully present in the United States and who are
parents, legal guardians or caretaker relatives with legal residence in this
state and children in their care who meet the eligibility requirements for
child care assistance.

9.

10.
"Federal
poverty level" means the poverty guidelines that are issued by the United
States department of health and human services pursuant to section 673(2) of
the omnibus budget reconciliation act of 1981 and that are reported annually in
the federal register.

10.

11.
"In-home
provider" means a provider who is certified by the department to care for
a child of an eligible family in the child's own home and is compensated with
child care assistance monies.

11.

12.
"Noncertified
relative provider" means a person who is at least eighteen years of age,
who provides child care services to an eligible child, who is by affinity or
consanguinity or by court decree the grandparent, great-grandparent, sibling
not residing in the same household, aunt, great-aunt, uncle or
great-uncle of the eligible child and who meets the department's requirements
to be a noncertified relative provider.

12.

13.
"Parent"
or "parents" means the natural or adoptive parents of a child.
END_STATUTE

Sec. 6.
Transfer; effect; succession

A. The
department of early childhood education succeeds to the powers and duties of
the following:

1. Child care licensing
services in the department of health services.

2. The child care services
program established by the department of economic security pursuant to title
46, chapter 7, Arizona Revised Statutes.

B. All matters, including
contracts, orders and judicial or quasi-judicial actions. Whether
completed or pending, of child care licensing services in the department of
health services and the child care services program established by the
department of economic security are transferred, on the effective date of this
act, and maintain the same status with the department of early childhood
education.

C. Rules adopted by the
department of health services relating to licensing pursuant to title 36,
chapter 7.1, Arizona Revised Statutes, or by the department of economic
security relating to the child care services program established pursuant to
title 46, chapter 7, Arizona Revised Statutes, are effective until superseded
by rules adopted by the department of early childhood education.

D. All personnel, property,
records, data and investigative findings, obligations and appropriated monies
remaining unspent and unencumbered for child care licensing services in the
department of health services and the child care services program established
by the department of economic security are transferred to the department of
early childhood education and may be used for the purposes of this act.

E. All certificates,
licenses, registration, permits and other indicia of qualification and
authority for child care licensing issued by the department of health services
or the child care services program established by the department of economic
security retain their validity for the duration of their terms of validity as
provided by law.

Sec. 7.
Conforming legislation

The legislative council staff shall
prepare proposed legislation conforming the Arizona Revised Statutes to the
provisions of this act for consideration in the fifty-eighth legislature, first
regular session.

Sec. 8.
Short title

This act may be cited as the
"Arizona Early Childhood Efficiency and Modernization Act".

Sec. 9.
Requirements for
enactment; three-fourths vote

Pursuant to article IV, part 1,
section 1, Constitution of Arizona, section 8-1195, Arizona Revised Statutes,
as amended by this act, is effective only on the affirmative vote of at least
three-fourths of the members of each house of the legislature.