Establishing certain license fees and training requirements, creating a process for day care facility licensees to apply for temporary waiver of certain statutory requirements and authorizing the secretary to develop and operate pilot programs to increase child care facility availability or capacity, transferring certain child care programs to the Kansas office of early childhood and separating licensing duties between the secretary for health and environment and the executive director of early childhood.

Session of 2025
SENATE BILL No. 132
By Committee on Federal and State Affairs
1-30
AN ACT concerning child care; relating to licensure of day care facilities,
child care homes and child care centers; reducing license fees and
training requirements; creating a process for day care facility licensees
to apply for a temporary waiver of certain statutory requirements;
authorizing the secretary of health and environment to develop and
operate pilot programs to increase child care facility availability and
capacity; establishing the Kansas office of early childhood; transferring
administration of day care licensing, parent education programs and the
child care subsidy program to the Kansas office of early childhood;
creating the day care facilities and child care resource and referral
agencies licensing fee fund and the day care criminal background and
fingerprinting fund; defining youth development programs; amending
section 1, as enacted by this act, section 3, as enacted by this act,
section 5, as enacted by this act, section 7, as enacted by this act,
section 9, as enacted by this act, section 11, as enacted by this act,
section 13, as enacted by this act, section 15, as enacted by this act,
K.S.A. 38-1901, 38-2103, 65-504, 65-505, 65-508, 65-508, as amended
by section 54 of this act, 65-512, 65-527, 65-531, 72-4161, 72-4162,
72-4163, 72-4164 and 72-4166 and K.S.A. 2024 Supp. 48-3406, 65-
503, 65-503, as amended by section 50 of this act, and 65-516 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Each staff member of a child care center shall
demonstrate an understanding of children and shall act with sound
judgment.
(b) Each applicant with a temporary permit and each licensee of a
child care center for fewer than 24 children shall hire a program director
who:
(1) Is at least 18 years of age;
(2) has a high school diploma or equivalent; and
(3) has one of the following:
(A) An associate degree or a higher degree in early childhood, child
development or a related academic discipline from a regionally accredited
college or university;
(B) a child development associate credential;
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(C) a technical certificate or diploma in early childhood;
(D) three months of experience in early childhood education
providing direct care and supervision of children and three semester hours
of academic study or equivalent training in early childhood, child
development or a related academic discipline from a regionally accredited
college or university; or
(E) six months of experience in early childhood education providing
direct care and supervision of children.
(c) Each applicant with a temporary permit and each licensee of a
child care center for 24 or more children shall hire a program director who:
(1) Is at least 18 years of age;
(2) has a high school diploma or equivalent; and
(3) has one of the following:
(A) A bachelor's degree or a higher degree in early childhood, child
development or a related academic discipline from a regionally accredited
college or university and three months of experience in early childhood
education providing direct care and supervision of children;
(B) a bachelor's degree in an unrelated academic discipline from a
regionally accredited college or university and any of the following:
(i) Six months of experience in early childhood education providing
direct care and supervision of children;
(ii) 12 semester hours of academic study or equivalent training in
early childhood, child development or a related academic discipline;
(iii) a child development associate credential; or
(iv) a technical certificate or diploma in early childhood;
(C) an associate degree in early childhood, child development or a
related academic discipline from a regionally accredited college or
university and six months of experience in early childhood education
providing direct care and supervision of children;
(D) 12 semester hours of academic study or equivalent training in
early childhood, child development or a related academic discipline from a
regionally accredited college or university and any of the following
options:
(i) Six months of experience in early childhood education providing
direct care and supervision of children;
(ii) a child development associate credential; or
(iii) a technical certificate or diploma in early childhood;
(E) a child development associate credential and one year of
experience in early childhood education providing direct care and
supervision of children; or
(F) six years of experience in early childhood education providing
direct care and supervision of children or four years of experience in a
licensed child care center providing direct care and supervision of
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SB 132 3
children.
(d) Each individual who has obtained approval of program director
qualifications by the secretary for the department of health and
environment or the secretary's designee before December 31, 2025, shall
be exempt from the requirements in subsections (b)(3) and (c)(3).
(e) There shall be a lead teacher present with each unit of children in
the child care center. Each lead teacher shall:
(1) Be at least 18 years of age;
(2) have a high school diploma or equivalent; and
(3) have one of the following:
(A) An associate degree or a higher degree in early childhood, child
development or a related academic discipline from a regionally accredited
college or university;
(B) a technical certificate or diploma in early childhood;
(C) a child development associate credential;
(D) three semester hours of academic study or equivalent training in
early childhood, child development or a related academic discipline from a
regionally accredited college or university and three months of experience
in early childhood education providing direct care and supervision of
children of the same age range that the lead teacher will be serving; or
(E) six months of experience in early childhood education providing
direct care and supervision of children of the same age range that the lead
teacher will be serving.
(f) Each program director in a child care center licensed for fewer
than 24 children may also serve as a lead teacher in such child care center.
(g) Each assistant teacher shall:
(1) Have the ability to carry out assigned tasks competently under the
guidance of another staff member;
(2) have skills and ability to implement age-appropriate activities;
(3) have understanding of and the ability to respond appropriately to
children's needs;
(4) have the ability to foster positive, healthy relationships with
children;
(5) have interpersonal skills necessary to communicate clearly and
appropriately; and
(6) be at least 16 years of age.
(h) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
Sec. 2. On and after July 1, 2026, section 1, as enacted by this act, is
hereby amended to read as follows: (a) Each staff member of a child care
center shall demonstrate an understanding of children and shall act with
sound judgment.
(b) Each applicant with a temporary permit and each licensee of a
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child care center for fewer than 24 children shall hire a program director
who:
(1) Is at least 18 years of age;
(2) has a high school diploma or equivalent; and
(3) has one of the following:
(A) An associate degree or a higher degree in early childhood, child
development or a related academic discipline from a regionally accredited
college or university;
(B) a child development associate credential;
(C) a technical certificate or diploma in early childhood;
(D) three months of experience in early childhood education
providing direct care and supervision of children and three semester hours
of academic study or equivalent training in early childhood, child
development or a related academic discipline from a regionally accredited
college or university; or
(E) six months of experience in early childhood education providing
direct care and supervision of children.
(c) Each applicant with a temporary permit and each licensee of a
child care center for 24 or more children shall hire a program director who:
(1) Is at least 18 years of age;
(2) has a high school diploma or equivalent; and
(3) has one of the following:
(A) A bachelor's degree or a higher degree in early childhood, child
development or a related academic discipline from a regionally accredited
college or university and three months of experience in early childhood
education providing direct care and supervision of children;
(B) a bachelor's degree in an unrelated academic discipline from a
regionally accredited college or university and any of the following:
(i) Six months of experience in early childhood education providing
direct care and supervision of children;
(ii) 12 semester hours of academic study or equivalent training in
early childhood, child development or a related academic discipline;
(iii) a child development associate credential; or
(iv) a technical certificate or diploma in early childhood;
(C) an associate degree in early childhood, child development or a
related academic discipline from a regionally accredited college or
university and six months of experience in early childhood education
providing direct care and supervision of children;
(D) 12 semester hours of academic study or equivalent training in
early childhood, child development or a related academic discipline from a
regionally accredited college or university and any of the following
options:
(i) Six months of experience in early childhood education providing
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SB 132 5
direct care and supervision of children;
(ii) a child development associate credential; or
(iii) a technical certificate or diploma in early childhood;
(E) a child development associate credential and one year of
experience in early childhood education providing direct care and
supervision of children; or
(F) six years of experience in early childhood education providing
direct care and supervision of children or four years of experience in a
licensed child care center providing direct care and supervision of
children.
(d) Each individual who has obtained approval of program director
qualifications by the secretary of the department for health and
environment or the secretary's designee before December 31, 2025, shall
be exempt from the requirements in subsections (b)(3) and (c)(3).
(e) There shall be a lead teacher present with each unit of children in
the child care center. Each lead teacher shall:
(1) Be at least 18 years of age;
(2) have a high school diploma or equivalent; and
(3) have one of the following:
(A) An associate degree or a higher degree in early childhood, child
development or a related academic discipline from a regionally accredited
college or university;
(B) a technical certificate or diploma in early childhood;
(C) a child development associate credential;
(D) three semester hours of academic study or equivalent training in
early childhood, child development or a related academic discipline from a
regionally accredited college or university and three months of experience
in early childhood education providing direct care and supervision of
children of the same age range that the lead teacher will be serving; or
(E) six months of experience in early childhood education providing
direct care and supervision of children of the same age range that the lead
teacher will be serving.
(f) Each program director in a child care center licensed for fewer
than 24 children may also serve as a lead teacher in the child care center.
(g) Each assistant teacher shall:
(1) Have the ability to carry out assigned tasks competently under the
guidance of another staff member;
(2) have skills and ability to implement age-appropriate activities;
(3) have understanding of and the ability to respond appropriately to
children's needs;
(4) have the ability to foster positive, healthy relationships with
children;
(5) have interpersonal skills necessary to communicate clearly and
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SB 132 6
appropriately; and
(6) be at least 16 years of age.
(h) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
New Sec. 3. (a) (1) For each licensure year beginning after July 1,
2025, each person who provides care to children in a child care home shall
complete professional development training in an amount determined by
the secretary of up to 10 clock hours per licensure year.
(2) Such training shall consist of a minimum of eight hours of
training specified by the secretary.
(3) As part of the professional development training required under
this subsection:
(A) Each person who provides care to children in a child care home
shall submit to the secretary proof of completion of up to four hours of
such outside training in child care or any related subject. The secretary
shall retain records of such person's compliance with this requirement; and
(B) a person who maintains a child care home with one provider, if
such provider provides care simultaneously to four infants at any time
during the licensure year, shall submit to the secretary proof of completion
of at least three hours of such professional development training in an
infant-specific subject. The secretary shall retain records of such person's
compliance with this requirement.
(b) The secretary of health and environment shall update rules and
regulations regarding child ratios on or before October 1, 2025.
(c) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
Sec. 4. On and after July 1, 2026, section 3, as enacted by this act, is
hereby amended to read as follows: (a) (1) For each licensure year
beginning after July 1, 2025 2026 , each person who provides care to
children in a child care home shall complete professional development
training in an amount determined by the secretary executive director of up
to 10 clock hours per licensure year.
(2)(b) Such training shall consist of a minimum of eight hours of
training specified by the secretary executive director.
(3)(c) As part of the professional development training required under
this subsection:
(A)(1) Each person who provides care to children in a child care
home shall submit to the secretary executive director proof of completion
of up to four hours of such outside training in child care or any related
subject. The secretary executive director shall retain records of such
person's compliance with this requirement; and
(B)(2) a person who maintains a child care home with one provider, if
such provider provides care simultaneously to four infants at any time
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SB 132 7
during the licensure year, shall submit proof of completion of at least three
hours of such professional development training in an infant-specific
subject. The secretary executive director shall retain records of such
person's compliance with this requirement.
(b) The secretary of health and environment shall update rules and
regulations regarding child ratios on or before October 1, 2025.
(c) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
New Sec. 5. (a) Each child care center shall have a program director
who is employed full time.
(b) Each child care center that is licensed for more than 75 children
shall have an administrator, who may also be the program director.
(c) The program director or administrator may, as needed, perform
the duties of a lead teacher or assistant teacher for up to half of the
program director's or administrator's total hours worked during each
calendar month.
(d) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
Sec. 6. On and after July 1, 2026, section 5, as enacted by this act, is
hereby amended to read as follows: (a) Each child care center shall have a
program director who is employed full time.
(b) Each child care center that is licensed for more than 75 children
shall have an administrator, who may also be the program director.
(c) The program director or administrator may, as needed, perform
the duties of a lead teacher or assistant teacher for up to half of the
program director's or administrator's total hours worked during each
calendar month.
(d) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
New Sec. 7. (a) A child care center shall meet the legal requirements
of the local jurisdiction where the child care center is located for fire
protection, water supply and sewage disposal.
(b) (1) The designated area for children's activities shall contain a
minimum of 28 square feet of floor space per child, excluding kitchens,
passageways, storage areas and bathrooms.
(2) There shall be a minimum of 60 square feet of outdoor play space
on the premises for each child using the space at any given time.
(c) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
Sec. 8. On and after July 1, 2026, section 7, enacted by this act, is
hereby amended to read as follows: (a) A child care center shall meet the
legal requirements of the local jurisdiction where the child care center is
located for fire protection, water supply and sewage disposal.
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SB 132 8
(b) (1) The designated area for children's activities shall contain a
minimum of 28 square feet of floor space per child, excluding kitchens,
passageways, storage areas and bathrooms.
(2) There shall be a minimum of 60 square feet of outdoor play space
on the premises for each child using the space at any given time.
(c) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
New Sec. 9. (a) The secretary of health and environment shall not
require as a condition of licensure for a child care home that the licensee
live in the child care home.
(b) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
Sec. 10. On and after July 1, 2026, section 9, as enacted by this act, is
hereby amended to read as follows: (a) The secretary of health and
environment executive director shall not require as a condition of licensure
for a child care home that the licensee live in the child care home.
(b) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
New Sec. 11. (a) Notwithstanding any other law to the contrary, a
person granted licensure to maintain a day care facility may request from
the secretary of health and environment a waiver from the requirements of
this act for a set period of time. Waiver requests shall be made in a form
and manner approved by the secretary of health and environment and shall
contain the provisions of the statute sought to be waived and the reasons
therefor.
(b) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
Sec. 12. On and after July 1, 2026, section 11, as enacted by this act,
is hereby amended to read as follows: (a) Notwithstanding any other law
to the contrary, a person granted licensure to maintain a day care facility
may request from the secretary of health and environment executive
director a waiver from the requirements of this act for a set period of time.
Waiver requests shall be made in a form and manner approved by the
secretary of health and environment executive director and shall contain
the provisions of the statute sought to be waived and the reasons therefor.
(b) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
New Sec. 13. (a) (1) Notwithstanding any other law to the contrary,
the secretary of health and environment may develop and operate pilot
programs designed to increase the availability or capacity of child care
facilities in the state.
(2) The secretary may grant licensure to a person to maintain a day
care facility or youth development program in a pilot program under this
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section that waives the requirements of this act or rules and regulations
related to licensure and operation of a day care facility or youth
development program, including requirements for staff at such day care
facility or youth development program. A day care facility or youth
development program granted a license under this section shall comply
with any alternative terms, conditions and requirements set by the
secretary as may be necessary to protect the health, safety and welfare of
any children that attend such day care facility or youth development
program.
(3) The secretary shall not grant a license under this section if the
secretary determines that a day care facility or youth development program
or staff of such facility or program would endanger the health, safety and
welfare of any child.
(b) The secretary may grant licensure to a person to maintain a day
care facility or youth development program under this section for up to
five licensure years, except that the secretary may grant an additional two
years of licensure to any facility or program that participated in a pilot
program pursuant to subsection (c) during the adoption of such rules and
regulations.
(c) If the secretary determines that a pilot program has been
successful and will increase the availability or capacity of child care
facilities in the state, the secretary shall:
(1) Make suggestions and recommendations to the legislature for
statutory changes relating to day care facilities or youth development
programs; and
(2) adopt any rules and regulations consistent with the findings from
such pilot program, including additional licensure categories and
requirements therefor.
(d) On or before the first day of each regular session of the
legislature, the secretary shall prepare and submit a report to the legislature
regarding any pilot program. Such report shall include, but not be limited
to, the number of participating day care facilities or youth development
programs and number of children attending such facilities or programs,
provisions of statutes and regulations waived by the secretary,
recommendations for changes to this act and a summary of findings from
the pilot program based on available information.
(e) As used in this section, "secretary" means the secretary of health
and environment.
(f) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
Sec. 14. On and after July 1, 2026, section 13, as enacted by this act,
is hereby amended to read as follows: (a) (1) Notwithstanding any other
law to the contrary, the secretary of health and environment executive
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SB 132 10
director may develop and operate pilot programs designed to increase the
availability or capacity of child care facilities in the state.
(2) The secretary executive director may grant licensure to a person to
maintain a day care facility or youth development program in a pilot
program under this section that waives the requirements of this act or rules
and regulations related to licensure and operation of a day care facility or
youth development program, including requirements for staff at such day
care facility or youth development program. A day care facility or youth
development program granted a license under this section shall comply
with any alternative terms, conditions and requirements set by secretary
the executive director as may be necessary to protect the health, safety and
welfare of any children that attend such day care facility or youth
development program.
(3) The secretary executive director shall not grant a license under
this section if the secretary executive director determines that a day care
facility or youth development program or staff of such facility or program
would endanger the health, safety and welfare of any child.
(b) The secretary executive director may grant licensure to a person to
maintain a day care facility or youth development program under this
section for up to five licensure years, except that the secretary executive
director may grant an additional two years of licensure to any facility or
program that participated in a pilot program pursuant to subsection (c)
during the adoption of such rules and regulations.
(c) If the secretary executive director determines that a pilot program
has been successful and will increase the availability or capacity of child
care facilities in the state, the secretary executive director shall:
(1) Make suggestions and recommendations to the legislature for
statutory changes relating to day care facilities or youth development
programs; and
(2) adopt any rules and regulations consistent with the findings from
such pilot program, including additional licensure categories and
requirements therefor.
(d) On or before the first day of each regular session of the
legislature, the secretary executive director shall prepare and submit a
report to the legislature regarding any pilot program. Such report shall
include, but not be limited to, the number of participating day care
facilities or youth development programs and number of children attending
such facilities or programs, provisions of statutes and regulations waived
by the secretary executive director , recommendations for changes to this
act and a summary of findings from the pilot program based on available
information.
(e) As used in this section, "secretary" means the secretary of health
and environment.
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(f) This section shall be a part of and supplemental to article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
New Sec. 15. The secretary of health and environment shall not
impose restrictions on the use of 15-passenger vans purchased on or before
July 1, 2025.
Sec. 16. On and after July 1, 2026, section 15, as enacted by this act,
is hereby amended to read as follows: The secretary of health and
environment executive director shall not impose restrictions on the use of
15-passenger vans purchased on or before July 1, 2025.
New Sec. 17. (a) There is hereby established within the executive
branch the Kansas office of early childhood.
(b) The Kansas office of early childhood shall be administered under
the direction and supervision of the executive director of early childhood.
(c) The governor shall appoint the executive director of early
childhood, subject to confirmation by the senate as provided in K.S.A. 75-
4315b, and amendments thereto. Except as provided in K.S.A. 46-2601,
and amendments thereto, no person appointed as executive director shall
exercise any power, duty or function as executive director until confirmed
by the senate.
(d) The executive director shall be in the unclassified service under
the Kansas civil service act and shall receive an annual salary to be fixed
by the governor. The executive director shall serve at the pleasure of the
governor.
(e) Except as provided in K.S.A. 38-2103, and amendments thereto,
all budgeting, purchasing and related management functions of the Kansas
office of early childhood shall be administered under the direction and
supervision of the executive director of early childhood.
(f) All expenditures shall be made in accordance with appropriation
acts upon warrants of the director of accounts and reports issued pursuant
to vouchers approved by the executive director of early childhood or the
executive director's designee. The executive director shall submit to the
legislature the annual request for the Kansas office of early childhood for
appropriations. The office's request shall be prepared and submitted in the
form and manner provided by K.S.A. 75-3716 and 75-3717, and
amendments thereto.
(g) The Kansas governmental operations accountability law applies to
the Kansas office of early childhood and the office shall be subject to
audit, review and evaluation under such law.
(h) The executive director shall maintain an office in Topeka, Kansas,
and may maintain offices and facilities to carry out the function of the
office in other locations of the state.
(i) (1) On or before July 1, 2025, the governor shall appoint an
interagency transition team to begin office operations.
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(2) On or before January 1, 2026:
(A) The governor shall appoint the executive director; and
(B) the office shall begin transitioning programs identified in section
19, and amendments thereto, from state agencies to the office.
(3) On or before July 1, 2026, all identified programs shall be under
the direction and supervision of the executive director, including staff and
other operational functions.
(j) Nothing in this act shall be construed to preempt, supersede or
impinge on the authority of the Kansas department for children and
families provided in K.S.A. 75-3084 through 75-3089, and amendments
thereto.
New Sec. 18. The Kansas office of early childhood shall be
responsible for carrying out the general policies of the governor and the
executive director of early childhood by:
(a) Supporting the healthy development of Kansas children through
the coordination of early childhood programs and services in the fields of
early childhood care, child care, home visitation and other related issues;
(b) managing and administering various programs serving young
children and families;
(c) maximizing administrative efficiencies to reduce burdens on
families and improve access to early childhood services;
(d) assisting the governor in developing and implementing a
comprehensive service delivery system for Kansas children and families;
(e) facilitating joint planning and coordination between the public and
private sector to better serve the needs of children and families and
increase access to care;
(f) ensuring consistent communication with service providers, parents
and other individuals and organizations interested in early childhood
services to effectively respond to parental and community need, provide
assistance navigating the state's early childhood system and elevate
parental options for care in the state's mixed-delivery system;
(g) supporting child care providers, including, but not limited to,
center-based providers, family child care home providers and employer-
based providers through the licensure process, participating in state child
care programs and accessing funding or grant opportunities;
(h) developing metrics to evaluate efficiency and effectiveness of the
state's early childhood system and collecting the necessary data to measure
those metrics;
(i) supporting the early childhood service providers through the
delivery of services that enhance the profession, uplift the profession and
support the creation of a sustainable workforce; and
(j) developing a comprehensive strategy to expand access to a greater
quantity of high-quality affordable care and services across every region of
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Kansas.
New Sec. 19. (a) The executive director of early childhood shall:
(1) Collect metrics and information on services available to children
and families to better measure the efficiency of the state's early childhood
system and monitor benchmarks related to positive outcomes for children
and families;
(2) prepare and implement plans for a comprehensive service delivery
system for children and families;
(3) facilitate and coordinate interagency cooperation toward the goal
of serving children and families with a variety of other state agencies, such
as the Kansas department for children and families, the department of
health and environment, the department of corrections, the state board of
education, the state board of regents and any other state office, department
or board providing services to Kansas children and families;
(4) provide a central contact for federal and state agencies concerning
early childhood care and related services;
(5) provide a central contact for information and assistance for
children, families, communities and businesses in need of early childhood
care and related services;
(6) serve as the primary contact for the Kansas legislature on policy,
administrative support and constituent services relating to early childhood
care and related services;
(7) enter into such contracts and agreements as necessary or
incidental to the performance of the powers and duties of the executive
director;
(8) charge and collect, by order, a fee necessary for the administration
and processing of paper documents, including, but not limited to,
applications, registrations, permits, licenses, certifications, renewals,
reports and remittance of fees that are necessary or incidental to the
execution of the laws relating to the Kansas office of early childhood;
(9) appoint and oversee directors of divisions within the office;
(10) transition the administration of the following programs to the
office:
(A) Child care assistance;
(B) children's initiative fund grants and early childhood block grants;
(C) day care facility licensing, youth development programs, school-
age programs and early youth care programs;
(D) children's cabinet accountability fund;
(E) child care quality;
(F) community-based child abuse prevention;
(G) child care capacity accelerator grants;
(H) children's cabinet administration;
(I) early childhood infrastructure;
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(J) early childhood integrated data systems;
(K) head start collaboration office;
(L) healthy families America;
(M) Kansas early head start child care partnership;
(N) Kansas early head start home visitation;
(O) Kansas imagination library;
(P) maternal and child health home visitation;
(Q) maternal, infant and early childhood home visitation;
(R) parents as teachers; and
(S) preschool development grant for children from birth through five
years of age.
(11) enter into agreements with the secretary of administration for the
provision of shared services, including, but not limited to, personnel and
other administrative services for the office;
(12) adopt, amend or revoke any rules and regulations necessary to
carry out this act and the programs and duties of the office; and
(13) prepare and submit an annual written report to relevant
legislative committees and to the governor that contains:
(A) The status of programs under the jurisdiction of the office of
early childhood;
(B) an overview of the fiscal and administrative structures required to
oversee the programs and services under the jurisdiction of the office of
early childhood;
(C) data and metrics on the service rates for children and families,
early childhood system efficiency, early childhood workforce and public-
private partnerships; and
(D) recommendations and considerations to improve delivery of early
childhood care and related services and support the healthy development
of Kansas children and families.
(b) The executive director shall not adopt rules and regulations or
policies requiring educational outcomes or curriculum for persons or
entities licensed pursuant to this act.
(c) Nothing in this section shall be construed to authorize the
executive director to administer the preschool programs in K.S.A. 72-
3215, 72-3410 and 72-5154, and amendments thereto.
(d) Subject to this act the executive director shall organize the Kansas
office of early childhood in the manner that the executive director deems
most efficient. The executive director may establish policies governing the
transaction of business of the office and the administration of each division
within the office. The director of each division shall perform such duties
and exercise such powers as the executive director may prescribe and such
duties and powers as are prescribed by law. Such directors shall act for and
exercise the powers of the executive director to the extent that authority to
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do so is delegated by the executive director.
New Sec. 20. (a) Except as otherwise provided by law, and subject to
the Kansas civil service act, the executive director shall appoint:
(1) Subordinate officers and employees as are necessary to enable the
director to exercise or perform the functions, powers and duties pursuant
to this act;
(2) the director of the division of child care;
(3) the director of the division of home visitation;
(4) the director of the division of head start collaboration; and
(5) the director of the Kansas children's cabinet.
(b) All subordinate officers and employees shall perform such duties
and exercise such powers as the executive director of the office may
prescribe and as perscribed by law, and shall act for and exercise the
powers of the executive director.
(c) Nothing in this section shall be construed to affect the status,
rights or benefits of civil service accrued or vested in any employee of the
Kansas children's cabinet, the Kansas department for children and families,
the department for health and environment or the state department of
education.
New Sec. 21. (a) (1) There is hereby established within and as a part
of the Kansas office of early childhood the division of child care. The
division shall oversee day care facility and child care resource and referral
agency licensing and child care finance and quality.
(2) The division of child care shall be administered by a director of
the division of child care, who shall be in the unclassified service under
the Kansas civil service act and appointed by the executive director.
(3) All of the powers, duties and functions of the existing day care
and child care resource and referral agency licensing programs pursuant to
this act within the division of public health of the department of health and
environment are hereby transferred to the division of child care.
(4) Whenever day care and child care resource and referral agency
licensing, or words of like effect, are referred to or designated by any
statute, rule and regulation, contract or any other document, including any
statute, rule and regulation, contract or any document created pursuant to
the authorities transferred by this section, such reference or designation
shall apply to the division of child care. The office of early childhood shall
serve as the state lead agency for child care and development fund
administration pursuant to 45 C.F.R. §§ 98.10 through 98.15.
(5) The division of child care may enter into agreements with the
Kansas department for children and families for the administration of child
care subsidy payments. If executed, such agreements shall require that the
secretary for children and families determine an applicant's eligibility for
the child care subsidy according to K.S.A. 39-709, and amendments
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thereto, and provide information pertaining to such eligible applicants to
the division for administration of such benefits.
(b) (1) There is hereby established within and as a part of the Kansas
office of early childhood the division of home visitation. The division shall
oversee home visitation programs.
(2) The division of home visitation shall be administered by a director
of the Kansas division of home visitation, who shall be in the unclassified
service under the Kansas civil service act and appointed by the executive
director.
(3) All of the powers, duties and functions of the existing home
visitation programs outlined in section 19 , and amendments thereto, are
hereby transferred to the division of home visitation.
(4) Whenever the existing home visitation programs outlined in
section 19, and amendments thereto, or words of like effect, are referred to
or designated by any statute, rule and regulation, contract or any other
document, including any statute, rule and regulation, contract or any
document created pursuant to the authorities transferred by this section,
such reference or designation shall apply to the division of home
visitation.
(c) (1) There is hereby established within and as a part of the Kansas
office of early childhood the division of head start collaboration. The
division shall oversee the early head start home visitation program and
early head start child care partnerships.
(2) The division of head start collaboration shall be administered by a
director of the division of head start collaboration, who shall be in the
unclassified service under the Kansas civil service act and appointed by
the executive director.
(3) All of the powers, duties and functions of the existing head start
programs outlined in section 19, and amendments thereto, are hereby
transferred to the division of home visitation.
(4) Whenever the existing head start programs outlined in section 19,
and amendments thereto, or words of like effect, are referred to or
designated by any statute, rule and regulation, contract or any other
document, including any statute, rule and regulation, contract or any
document created pursuant to the authorities transferred by this section,
such reference or designation shall apply to the division of head start
collaboration.
(d) (1) There is hereby established within and as a part of the Kansas
office of early childhood a division that shall be the Kansas children's
cabinet established under K.S.A. 38-1901, and amendments thereto.
(2) The Kansas children's cabinet shall be administered by the
director of the Kansas children's cabinet, who shall be in the unclassified
service under the Kansas civil service act and appointed by the executive
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director.
(3) All of the powers, duties and functions of the existing Kansas
children's cabinet executive director are hereby transferred to the director
of the Kansas children's cabinet under the Kansas office of early
childhood.
New Sec. 22. (a) On or before July 1, 2026, except as otherwise
provided by this act, all rules and regulations, orders and directives of state
agencies related to the programs transferred by this act that are in effect on
the effective date of this act shall continue to be effective and shall be
deemed to be rules and regulations, orders and directives of the Kansas
office of early childhood until revised, amended, revoked or nullified
pursuant to law.
(b) (1) On or before July 1, 2026, the balances of all funds and
accounts appropriated or reappropriated that were used for or pertain to the
powers, duties and functions of programs transferred to the Kansas office
of early childhood pursuant to this act are hereby transferred within the
state treasury to the Kansas office of early childhood and shall be used for
the purpose for which the appropriation was originally made. The
executive director of the Kansas office of early childhood shall determine
and certify to the director of accounts and reports the amount in each
account of the state general fund or special revenue fund of state agencies
that have been determined by the executive director to be transferred.
Upon receipt of a certification pursuant to this paragraph, the director of
accounts and reports shall transfer the amount certified pursuant to this
paragraph from each account of the state general fund or special revenue
fund of a state agency that has been determined by the executive director
to be transferred.
(2) On or before July 1, 2026, the Kansas office of early childhood
shall succeed to all property, property rights and records of state agencies
that were used for or pertain to the powers, duties and functions of the
programs transferred to the Kansas office of early childhood pursuant to
this act.
(3) On or before July 1, 2026, any conflict as to the proper disposition
of the unexpended balance of any appropriation, property, property rights,
personnel or records as a result of the transfer of programs to the Kansas
office of early childhood pursuant to this act arising under this subsection
shall be determined by the governor.
(c) (1) On or after July 1, 2026, no suit, action or other proceeding,
judicial or administrative, lawfully commenced, or that could have been
commenced, by or against any state agency or program mentioned in this
act or by or against any officer of the state in such officer's official duties,
shall abate by reason of this act. The court may allow any such suit, action
or other proceeding to be maintained by or against the successor of any
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SB 132 18
such state agency or any officer affected.
(2) On or after July 1, 2026, no criminal action commenced or that
could have been commenced by the state shall abate by the taking effect of
this act.
(d) (1) On or before July 1, 2026, all officers and employees of the
state agencies related to the programs transferred in this act who,
immediately prior to the effective date of this act, are engaged in the
exercise and performance of the powers, duties and functions transferred
by this act, as well as all officers and employees of the state agencies
related to the programs transferred in this act who are determined by
executive director of the Kansas office of early childhood to be engaged in
providing administrative, technical or other support services that are
essential to the exercise and performance of the powers, duties and
functions transferred by this act, are hereby transferred to the Kansas
office of early childhood. All classified officers and employees so
transferred shall retain their status as classified employees.
(2) On or before July 1, 2026, officers and employees transferred by
this act shall retain all retirement benefits and leave balances and rights
that had accrued or vested prior to the date of transfer. The service of each
such officer or employee so transferred shall be deemed to have been
continuous. Any subsequent transfers, layoffs or abolition of classified
service positions under the Kansas civil service act shall be made in
accordance with the civil service laws and any rules and regulations
adopted thereunder. Nothing in this act shall affect the classified status of
any transferred person employed prior to the date of this transfer.
(3) On or before July 1, 2026, notwithstanding the effective date of
this act, the provisions of this act prescribing the transfer of officers and
employees to the Kansas office of early childhood established by this act,
the date of transfer of each such officer or employee shall commence at the
start of a payroll period.
New Sec. 23. (a) It shall be unlawful for any person, firm,
corporation or association to conduct or maintain a day care facility for
children under 16 years of age without having a license or temporary
permit therefor from the executive director of the Kansas office of early
childhood. Nothing in this act shall apply to:
(1) A residential facility or hospital that is operated and maintained
by a state agency as defined in K.S.A. 75-3701, and amendments thereto;
(2) child care facilities as defined in K.S.A. 65-503, and amendments
thereto; or
(3) a summer instructional camp that:
(A) Is operated by a Kansas educational institution as defined in
K.S.A. 74-32,120, and amendments thereto, or a postsecondary
educational institution as defined in K.S.A. 74-3201b, and amendments
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thereto;
(B) is operated for not more than five weeks;
(C) provides instruction to children, all of whom are 10 years of age
or older; and
(D) is accredited by an agency or organization acceptable to the
executive director of the Kansas office of early childhood.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 24. (a) As used in this act:
(1) "Act" means sections 2, 4, 6, 8, 10, 12, 14, 16 through 45, and
amendments thereto.
(2) "Assistant teacher" means a staff member of a child care center
who meets requirements specified in section 2, and amendments thereto,
and is responsible for assisting the lead teacher in the care of children.
(3) "Child care center" means a facility that meets child care center
regulations and provides care and educational activities for children.
(4) "Child care home" means the premises where care is provided for
children at a residence.
(5) "Child care resource and referral agency" means a business or
service conducted, maintained or operated by a person engaged in
providing resource and referral services, including information on specific
services provided by child care facilities, to assist parents to find child
care.
(6) (A) "Day care facility" means a day care home, preschool, child
care center, school-age program, youth development program or other
facility of a type determined by the executive director to require regulation
under this act.
(B) "Day care facility" does not include an individual who provides
care for less than 35 hours per week to four or fewer children, not more
than two of whom may be infants, who are not related to the individual by
blood, marriage or legal adoption.
(7) "Employee" means a person working, regularly volunteering or
residing in a day care facility.
(8) "Infant" means a child who is between two weeks and 12 months
of age or a child older than 12 months who has not yet learned to walk.
(9) "Lead teacher" means an individual who meets the requirements
of section 1, and amendments thereto, and can independently staff any unit
in a child care center.
(10) "Licensure year " means the period of time beginning on the
effective date and ending on the expiration date of a license.
(11) "Person" means any individual, association, partnership,
corporation, government, governmental subdivision or other entity.
(12) "Program director" means the staff member of a child care center
who meets the requirements of section 2, and amendments thereto, and
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who is responsible for implementing and supervising the comprehensive
and coordinated plan of activities that provide for the education, care,
protection and development of children who attend a child care center.
(13) "School-age" means a child who will be at least six years of age
on or before the first day of September of any school year but is under 16
years of age.
(14) "Unit" means the number of children who may be present in one
group in a child care center.
(15) "Youth development program" means the same as defined in
section 40, and amendments thereto.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 25. (a) The executive director of the Kansas office of early
childhood shall have the power to grant a license to a person to maintain a
day care facility for children under 16 years of age. A license granted to
maintain a day care facility shall state the name of the licensee, describe
the particular premises in or at which the business shall be carried on,
whether it shall receive and care for children, and the number of children
that may be cared for at any one time. No greater number of children than
is authorized in the license shall be kept on such premises, and the
business shall not be carried on in a building or place not designated in the
license. The license shall be kept posted in a conspicuous place on such
premises, where the business is conducted. A license granted to maintain a
day care facility shall have on its face an expiration sticker stating the date
of expiration of the license.
(b) The executive director of the Kansas office of early childhood
shall not grant a license in any case until careful inspection of the day care
facility has been made according to the terms of this act and until such day
care facility has complied with all the requirements of this act. The
executive director of the Kansas office of early childhood may issue a
temporary permit to operate for a period of not to exceed 90 days upon
receipt of an initial application for license. The executive director of the
Kansas office of early childhood may extend the temporary permit to
operate for an additional period of not to exceed 90 days if an applicant is
not in full compliance with this act but has made efforts toward full
compliance.
(c) (1) In all cases where the secretary for children and families
deems it necessary, an investigation of the day care facility shall be made
under the supervision of the secretary for children and families or other
designated qualified agents. For that purpose and for any subsequent
investigations, such agents shall have the right of entry and access to the
premises of the facility and to any information deemed necessary for the
completion of the investigation. In all cases where an investigation is
made, a report of the investigation of such facility shall be filed with the
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executive director of the Kansas office of early childhood.
(2) In cases where neither approval nor disapproval can be given
within a period of 30 days following a formal request for such a study, the
executive director of the Kansas office of early childhood may issue a
temporary license without a fee, pending final approval or disapproval of
the center or facility.
(d) Whenever the executive director of the Kansas office of early
childhood refuses to grant a license to an applicant, the executive director
of the Kansas office of early childhood shall issue an order to that effect,
stating the reasons for such denial and, within five days after the issuance
of such order, notify the applicant of the refusal. Upon application and not
more than 15 days after the date of issuance of such order, a hearing on the
order shall be held in accordance with the Kansas administrative procedure
act.
(e) When the executive director of the Kansas office of early
childhood finds, upon investigation or is advised by the secretary for
children and families, that K.S.A. 59-2123, and amendments thereto, or
this act are being violated or the day care facility is maintained without
due regard to the health, safety or welfare of any child, the executive
director of the Kansas office of early childhood may issue an order
revoking such license after giving notice and conducting a hearing in
accordance with the Kansas administrative procedure act. Such order shall
clearly state the reason for the revocation.
(f) If the executive director revokes or refuses to renew a license, the
licensee who had a license revoked or not renewed shall not be eligible to
apply for a license for a period of one year subsequent to the date such
revocation or refusal to renew becomes final. If the executive director
revokes or refuses to renew a license of a licensee who is a repeat violator
for three or more times of statutory requirements or rules and regulations
or is found to have contributed to the death or serious bodily harm of a
child under such licensee's care, such licensee shall be permanently
prohibited from applying for a new license to provide child care or from
seeking employment under another licensee.
(g) Any applicant or licensee aggrieved by a final order of the
executive director of the Kansas office of early childhood denying or
revoking a license under this act may appeal the order in accordance with
the Kansas judicial review act.
(h) This section shall take effect on and after July 1, 2026.
New Sec. 26. (a) The annual fee for a license to conduct a day care
facility or child care resource and referral agency shall be fixed by the
executive director of the Kansas office of early childhood by rules and
regulations in an amount not to exceed the following:
(1) For a child care resource and referral agency, $150; and
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(2) for any day care facility subject to this act, there shall be no
annual fee for a license to conduct a child care facility.
(b) The license fee shall be paid to the executive director of the
Kansas office of early childhood when the license is applied for and
annually thereafter. The fee shall not be refundable. Fees in effect under
subsection (a) immediately prior to July 1, 2026, shall continue in effect on
and after July 1, 2026, until a different fee is established by the executive
director of the Kansas office of early childhood by rules and regulations.
(c) Any licensee who fails to renew such license within 30 days after
the expiration of the license shall pay to the executive director the renewal
fee plus a late fee in an amount of $75 or an amount equal to the fee for
the renewal of a license, whichever is greater.
(d) Any licensee applying for an amended license shall pay to the
executive director of the Kansas office of early childhood a fee established
by rules and regulations of the executive director in an amount of not to
exceed $35.
(e) There is hereby created the day care facilities and child care
resource and referral agencies licensing fee fund. The executive director of
the Kansas office of early childhood shall remit all moneys received by the
executive director from fees under this section to the state treasurer in
accordance with K.S.A. 75-4215, and amendments thereto. Upon receipt
of each such remittance, the state treasurer, notwithstanding any other law
to the contrary, shall deposit the entire amount in the state treasury to the
credit of the day care facilities and child care resource and referral
agencies licensing fee fund. All expenditures from the day care facilities
and child care resource and referral agencies licensing fee fund shall be
made only for the purposes of this act in accordance with appropriation
acts upon warrants of the director of accounts and reports issued pursuant
to vouchers approved by the executive director of the Kansas office of
early childhood or by the executive director's designee. Notwithstanding
any other law to the contrary, no moneys shall be transferred or otherwise
revert from this fund to the state general fund by appropriation act or other
act of the legislature. Moneys available under this section by the creation
of the day care facilities or child care resource and referral agencies
licensing fee fund shall not be substituted for or used to reduce or
eliminate moneys available to the Kansas office of early childhood to
administer this act . Nothing in this act shall be construed to authorize a
reduction or elimination of moneys made available by the state to local
units of government for the purposes of this act.
(f) This section shall take effect on and after July 1, 2026.
New Sec. 27. (a) The executive director of the Kansas office of early
childhood shall serve notice of the issuance, limitation, modification,
suspension or revocation of a license to conduct a day care facility to the
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secretary for children and families, the secretary of corrections, state
department of education, office of the state fire marshal, county, city-
county or multi-county department of health and any licensed child
placement agency or licensed child care resource and referral agency
serving the area where the facility is located. A day care facility or child
care resource and referral agency that has had a license limited, modified,
suspended, revoked or denied by the executive director of the Kansas
office of early childhood shall notify in writing the parents or guardians of
the enrollees of the limitation, modification, suspension, revocation or
denial. Neither the secretary for children and families nor any other person
shall place or cause to be placed any child under 16 years of age in any
day care facility or child care resource and referral agency that is not
licensed by the executive director of the Kansas office of early childhood.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 28. (a) Each day care facility licensee shall keep a record
upon forms prescribed and provided by the executive director of the
Kansas office of early childhood. Such record shall include the name and
age of each child received and cared for in the facility together with the
names and addresses of the parents or guardians of such children and such
other information as the executive director of the Kansas office of early
childhood may require. Each day care facility licensee shall apply to and
shall receive without charge from the executive director of the Kansas
office of early childhood forms for such records as may be required. Such
forms shall contain a copy of this act.
(b) Information obtained under this section shall be confidential and
shall not be made public in a manner that would identify an individual.
(c) This section shall take effect on and after July 1, 2026.
New Sec. 29. (a) Each day care facility subject to this act shall:
(1) Be properly heated, plumbed, lighted and ventilated;
(2) have plumbing, water and sewerage systems that conform to all
applicable state and local laws; and
(3) be operated with strict regard to the health, safety and welfare of
each child.
(b) (1) Every day care facility shall furnish or cause to be furnished
for the use of each employee an individual towel, washcloth or disposable
towel, comb and individual drinking cup or sanitary bubbling fountain,
and toothbrushes for all children other than infants, and keep or require
such articles to be kept at all times in a clean and sanitary condition.
(2) Toothbrushes in a day care facility may be used after meals or as
appropriate.
(3) Every day care facility or child care resource and referral agency
shall comply with all applicable fire codes and rules and regulations of the
state fire marshal.
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(c) The executive director of the Kansas office of early childhood
shall develop and adopt rules and regulations for the operation and
maintenance of day care facilities. The rules and regulations for operating
and maintaining day care facilities shall be designed to promote the health,
safety and welfare of any child served in such facilities by ensuring safe
and adequate physical surroundings, healthful food, adequate
handwashing, safe storage of toxic substances and hazardous chemicals,
sanitary diapering and toileting, home sanitation, supervision and care of
the residents by capable, qualified persons of sufficient number, after-hour
care, an adequate program of activities and services, sudden infant death
syndrome and safe sleep practices training, prohibition on corporal
punishment, crib safety, protection from electrical hazards, protection from
swimming pools and other water sources, fire drills, emergency plans,
safety of outdoor playground surfaces, door locks, safety gates and
transportation and such appropriate parental participation as may be
feasible under the circumstances.
(d) In addition to any rules and regulations adopted under this section
for safe sleep practices, a day care facility shall ensure that all of the
following requirements are met for children under 12 months of age:
(1) A child shall only be placed to sleep on a surface and in an area
that has been approved for use as such by the executive director of the
Kansas office of early childhood;
(2) the sleep surface shall be free from soft or loose bedding,
including, but not limited to, blankets, bumpers and pillows; and
(3) the sleep surface shall be free from toys, including mobiles and
other types of play equipment or devices.
(e) A day care facility shall ensure that children over 12 months of
age only be placed to sleep on a surface and in an area that has been
approved for use as such by the executive director of the Kansas office of
early childhood.
(f) The executive director of the Kansas office of early childhood
may exercise discretion to make exceptions to requirements in subsections
(d) and (e) where special health needs exist.
(g) Each child cared for in a day care facility, including children of
the person maintaining the facility, shall be required to have current
immunizations as the secretary of health and environment considers
necessary. The person maintaining a day care facility shall maintain a
record of each child's immunizations and provide to the secretary of health
and environment and the executive director of the Kansas office of early
childhood such information relating thereto, in accordance with rules and
regulations of the secretary of health and environment and executive
director, except that the person maintaining a day care facility shall not
have such person's license revoked solely for the failure to have or
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maintain the immunization records required by this subsection.
(h) The immunization requirement of subsection (g) shall not apply if
one of the following is obtained:
(1) Certification from a licensed physician stating that the physical
condition of the child is such that immunization would endanger the child's
life or health; or
(2) a written statement signed by a parent or guardian that the parent
or guardian is an adherent of a religious denomination whose teachings are
opposed to immunizations.
(i) This section shall take effect on and after July 1, 2026.
New Sec. 30. (a) It shall be unlawful for any day care facility to
receive or care for any adult except as authorized by rules and regulations
adopted by the secretary of health and environment and the executive
director of the Kansas office of early childhood.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 31. (a) It is hereby made the duty of the executive director
of the Kansas office of early childhood to inspect or cause to be inspected
on or after July 1, 2026, and once every 12 months thereafter, every day
care facility, unless otherwise provided in subsection (b). For the purpose
of inspection, the executive director or the executive director's authorized
agent, as an employee of the executive director or who has a contract with
the executive director to provide inspections pursuant to this act and who
holds a certificate issued pursuant to subsection (c), shall have the right of
entry and access to every department and every place in the premises, to
call for and examine the records that are required to be kept according to
this act and to make and preserve a record of every inspection. The
licensee shall give all reasonable information to the authorized agent of the
executive director of the Kansas office of early childhood and afford every
reasonable facility for viewing the premises and seeing the children
therein. No such child, without the consent of the child, shall be required
to be interviewed by any agent unless the agent is an authorized person.
(b) The executive director of the Kansas office of early childhood
shall conduct an inspection of any day care facility upon receiving a
complaint. Any new day care facility shall be inspected prior to issuance of
a license. The executive director may conduct an inspection of any day
care facility that has a record of repeated complaints or serious violations
at any time. Every 12 months, the executive director shall inspect any day
care facility that provides services to military families receiving military
assistance for child care.
(c) (1) The executive director shall create a surveyor certification and
provide a minimum of yearly continuing education to qualify for such
certification.
(2) If a surveyor fails to comply with the certification requirements
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established by the executive director pursuant to paragraph (1), the
executive director may require such surveyor to complete an improvement
plan.
(3) If such surveyor does not satisfactorily complete the improvement
plan, the executive director may terminate such surveyor's current
certification.
(d) Persons conducting inspections and surveys pursuant to this act
shall hold a certification issued by the executive director.
(e) This section shall take effect on and after July 1, 2026.
New Sec. 32. (a) Whenever an authorized agent of the executive
director of the Kansas office of early childhood or the secretary for
children and families finds a day care facility that is not being conducted
according to law, it shall be the duty of such agent to notify the licensee in
writing of changes or alterations as such agent determines is necessary in
order to comply with the requirements of the law, and such agent shall file
a copy of such notice with the executive director of the Kansas office of
early childhood. It shall thereupon be the duty of the licensee to make such
changes or alterations as are contained in the written notice within five
days from the receipt of such notice. Notice shall be given in accordance
with the Kansas administrative procedure act.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 33. (a) Any person, firm, corporation or association that
violates this act shall be guilty of a misdemeanor and, upon conviction,
shall be fined not less than $5 but not more than $50. Each and every day
that the person fails or refuses to comply with such provisions shall be
deemed a separate offense under this act . If, for 30 days after any final
conviction for such violation or revocation of license, the person still fails
or refuses to comply with the orders in the notice under section 32, and
amendments thereto, upon notice and a hearing in accordance with the
Kansas administrative procedure act, the building or premises where such
day care facility is conducted may be closed until such person has
complied with this act.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 34. (a) Upon complaint of any authorized agent of the
executive director of the Kansas office of early childhood, the county
attorney of each county in this state is hereby authorized and required to
file a complaint and prosecute to the final determination all actions or
proceedings against any person under this act.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 35. (a) No person shall knowingly maintain a day care
facility if an employee in this state or in other states or the federal
government:
(1) (A) Has been convicted of a crime that is classified as a person
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felony under the Kansas criminal code;
(B) has been convicted of a felony under K.S.A. 2010 Supp. 21-
36a01 through 21-36a17, prior to their transfer, or article 57 of chapter 21
of the Kansas Statutes Annotated, and amendments thereto, or any felony
violation of any provision of the uniform controlled substances act prior to
July 1, 2009;
(C) has been convicted of any act that is described in articles 34, 35
or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal,
or article 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, and
amendments thereto, or K.S.A. 21-6104, 21-6325, 21-6326, 21-6418
through 21-6422 or 21-6424, and amendments thereto, or been convicted
of an attempt under K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-5301,
and amendments thereto, to commit any such act or been convicted of
conspiracy under K.S.A. 21-3302, prior to its repeal, or K.S.A. 21-5302,
and amendments thereto, to commit such act, or similar statutes of any
other state or the federal government;
(D) has been convicted of any act that is described in K.S.A. 21-4301
or 21-4301a, prior to their repeal, or K.S.A. 21-6401, and amendments
thereto, or similar statutes of any other state or the federal government; or
(E) has been convicted of any act that is described in K.S.A. 21-3718
or 21-3719, prior to their repeal, or K.S.A. 21-5812, and amendments
thereto, or similar statutes of any other state or the federal government;
(2) except as provided in subsection (b), has been adjudicated a
juvenile offender because of having committed an act that if done by an
adult would constitute the commission of a felony and that is a crime
against persons, is any act described in articles 34, 35 or 36 of chapter 21
of the Kansas Statutes Annotated, prior to their repeal, or article 54, 55 or
56 of chapter 21 of the Kansas Statutes Annotated, and amendments
thereto, or K.S.A. 21-6104, 21-6325, 21-6326, 21-6418 through 21-6422
or 21-6424, and amendments thereto, or similar statutes of any other state
or the federal government, or is any act described in K.S.A. 21-4301 or 21-
4301a, prior to their repeal, or K.S.A. 21-6401, and amendments thereto,
or similar statutes of any other state or the federal government;
(3) has been convicted or adjudicated of a crime that requires
registration as a sex offender under the Kansas offender registration act,
K.S.A. 22-4901 et seq., and amendments thereto, as a sex offender in any
other state or on the national sex offender registry;
(4) has committed an act of physical, mental or emotional abuse or
neglect or sexual abuse and who is listed in the child abuse and neglect
registry maintained by the Kansas department for children and families
pursuant to K.S.A. 38-2226, and amendments thereto, or any similar child
abuse and neglect registries maintained by any other state or the federal
government and:
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(A) Has failed to successfully complete a corrective action plan that
has been deemed appropriate and approved by the Kansas department for
children and families or requirements of similar entities in any other state
or the federal government; or
(B) such person's record has not been expunged;
(5) has had a child removed from the home based on a court order
pursuant to K.S.A. 38-2251, and amendments thereto, in this state, or a
court order from any other state based upon a similar statute that finds the
child to be deprived or a child in need of care based on a finding of
physical, mental or emotional abuse or neglect or sexual abuse and the
child has not been returned to the home or the child has reached the age of
majority before being returned to the home and such person has failed to
satisfactorily complete a corrective action plan approved by the
department of health and environment;
(6) has had parental rights terminated pursuant to the Kansas juvenile
code or K.S.A. 38-2266 through 38-2270, and amendments thereto, or a
similar statute of other states;
(7) has signed a diversion agreement pursuant to K.S.A. 22-2906 et
seq., and amendments thereto, or an immediate intervention agreement
pursuant to K.S.A. 38-2346, and amendments thereto, involving a charge
of child abuse or a sexual offense; or
(8) has an infectious or contagious disease.
(b) Notwithstanding the provisions in subsection (a), no person shall
maintain a day care facility if such person has been found to be a person in
need of a guardian or a conservator, or both, as provided in K.S.A. 59-
3050 through 59-3095, and amendments thereto.
(c) Any person who resides in a day care facility and who has been
found to be in need of a guardian or a conservator, or both, shall be
counted in the total number of children allowed in care.
(d) In accordance with this subsection, the executive director of the
Kansas office of early childhood shall have access to any court orders or
adjudications of any court of record, any records of such orders or
adjudications, criminal history record information, including, but not
limited to, diversion agreements in the possession of the Kansas bureau of
investigation and any report of investigations as authorized by K.S.A. 38-
2226, and amendments thereto, or the Kansas department for children and
families or court of this state concerning employees in a day care facility.
The executive director shall have access to these records for the purpose of
determining whether or not the home meets the requirements of this
section, K.S.A. 59-2132, and amendments thereto, and sections 24 and 29,
and amendments thereto.
(e) In accordance with this subsection, the executive director is
authorized to conduct national criminal history record checks to determine
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criminal history on employees in a day care facility. In order to conduct a
national criminal history check, the executive director shall require
fingerprinting for identification and determination of criminal history in
accordance with K.S.A. 22-4714, and amendments thereto.
(f) (1) The executive director of the Kansas office of early childhood
shall adopt rules and regulations to fix a fee for fingerprinting employees
in a day care facility, as may be required by the Kansas office of early
childhood to reimburse the Kansas office of early childhood for the cost of
the fingerprinting.
(2) The executive director shall remit all moneys received from the
fees established under this section to the state treasurer in accordance with
K.S.A. 72-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the state
treasury to the credit of the child care criminal background and
fingerprinting fund.
(h) The day care criminal background and fingerprinting fund is
hereby created in the state treasury to be administered by the executive
director of the Kansas office of early childhood. All moneys credited to the
day care criminal background and fingerprinting fund shall be used to pay
local and state law enforcement officers and agencies for the processing of
fingerprints and criminal history background checks for the Kansas office
of early childhood. All expenditures from the day care criminal
background and fingerprinting fund shall be made in accordance with
appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the executive director or the
executive director's designee.
(i) The executive director shall notify the day care applicant or
licensee within seven days by certified mail, with return receipt requested,
when the result of the national criminal history record check or other
appropriate review reveals unfitness specified in subsection (a)(1) through
(a)(8) of the person who is the subject of the review.
(j) No day care facility or the employees thereof shall be liable for
civil damages to any person who is refused employment or discharged
from employment by reason of such facility's compliance with this section,
if such facility acts in good faith to comply with this section.
(k) For the purpose of subsection (a)(3), a person listed in the child
abuse and neglect central registry shall not be prohibited from being an
employee in a day care facility unless such person has:
(1) Had an opportunity to be interviewed and present information
during the investigation of the alleged act of abuse or neglect; and
(2) been given notice of the agency decision and an opportunity to
appeal such decision to the executive director and to the courts pursuant to
the Kansas judicial review act.
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(l) No person shall maintain a day care facility unless such person is a
high school graduate or the equivalent thereof, except that, if extraordinary
circumstances exist, the executive director of the Kansas office of early
childhood may exercise discretion to make exceptions from this
requirement. This subsection shall not apply to any person who was
maintaining a day care facility on the day immediately prior to July 1,
2010.
(m) This section shall take effect on and after July 1, 2026.
New Sec. 36. (a) The executive director may limit, modify or suspend
any license or temporary permit issued under sections 23 through 35, and
amendments thereto, upon any of the following grounds and in the manner
provided in this act:
(1) Violation by the licensee or holder of a temporary permit of any
provision of this act, or of the rules and regulations promulgated under this
act;
(2) aiding, abetting or permitting the violation of any provision of this
act or of the rules and regulations promulgated under this act;
(3) conduct in the operation or maintenance, or both the operation and
maintenance, of a day care facility that is inimical to the health, safety or
welfare of any child receiving services from such day care facility or to the
public;
(4) the conviction of a licensee or holder of a temporary permit, at
any time during licensure or during the time that the temporary permit is in
effect, of crimes as defined in section 35, and amendments thereto; and
(5) a third or subsequent violation by the licensee or holder of a
temporary permit of section 42(b), and amendments thereto.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 37. (a) The executive director may limit, modify or suspend
any license or temporary permit issued under sections 25 through 35, and
amendments thereto, prior to any hearing when, in the opinion of the
executive director, the action is necessary to protect any child in the day
care facility from physical or mental abuse, abandonment or any other
substantial threat to health, safety or welfare. Administrative proceedings
under this section shall be conducted in accordance with the emergency
adjudicative proceedings of the Kansas administrative procedure act and in
accordance with other relevant provisions of the Kansas administrative
procedure act.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 38. (a) Records in the possession of the executive director
of early childhood or such director's agents regarding day care facilities
shall not be released publicly in a manner that would identify individuals,
except that individual names of licensees, applicants, facilities and day
care facilities may be released. Nothing in this section prohibits the release
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of any information as required by law.
(b) Records in the possession of the executive director of early
childhood or such director's agents regarding day care facilities may be
released to:
(1) An agency or organization authorized to receive notice under
section 27, and amendments thereto;
(2) any local, state or federal governmental entity or subdivision
thereof;
(3) any child and adult care food program sponsoring agency; or
(4) any disaster or emergency entity.
(c) The executive director of the Kansas office of early childhood
shall prohibit the release of the name, address and telephone number of a
day care facility if the executive director determines that prohibition of the
release of the information is necessary to protect the health, safety or
welfare of the public or the children enrolled in the day care facility.
(d) Any records under subsection (a), (b) or (c) shall be available to
any member of the standing committee on appropriations of the house of
representatives or the standing committee on ways and means of the senate
carrying out such member's or committee's official functions in accordance
with K.S.A. 75-4319, and amendments thereto, in a closed or executive
meeting. Except in limited conditions established by ⅔ of the members of
such committee, records received by the committee shall not be further
disclosed. Unauthorized disclosure may subject such member to discipline
or censure from the house of representatives or senate. Such records shall
not identify individuals but shall include data and contact information
concerning specific facilities.
(e) In any hearings conducted under the licensing or regulation
provisions of this act, the presiding officer may close the hearing to the
public to prevent public disclosure of matters relating to persons restricted
by other laws.
(f) Such records shall be confidential and shall not be subject to the
open records act, K.S.A. 45-215 et seq., and amendments thereto. This
subsection shall expire on July 1, 2031, unless the legislature reviews and
reenacts this provision pursuant to K.S.A. 45-229, and amendments
thereto, prior to July 1, 2031.
(g) This section shall take effect on and after July 1, 2026.
New Sec. 39. (a) The executive director of the Kansas office of early
childhood, in addition to any other penalty prescribed under this act, may
assess a civil fine, after proper notice and an opportunity to be heard in
accordance with the Kansas administrative procedure act, against a
licensee for each violation of such provisions or rules and regulations
adopted pursuant thereto that affect significantly and adversely the health,
safety or sanitation of children in a day care facility. Each civil fine
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assessed under this section shall not exceed $500. In the case of a
continuing violation, every day such violation continues shall be deemed a
separate violation.
(b) All fines assessed and collected under this section shall be
remitted to the state treasurer in accordance with K.S.A. 75-4215, and
amendments thereto. Upon receipt of each such remittance, the state
treasurer shall deposit the entire amount in the state treasury to the credit
of the state general fund.
(c) This section shall take effect on and after July 1, 2026.
New Sec. 40. (a) As used in this section:
(1) "Child" means an individual who is enrolled or attending
kindergarten, is less than 18 years of age, or is 18 years of age and has an
individualized program plan, is not a volunteer or employee and is
attending a youth development program.
(2) "Individualized program plan" means a written goal-oriented plan
of specialized services for each child with special needs or for each
juvenile offender attending a day reporting program.
(3) "Premises" means the location, including the building and
adjoining grounds, for which the applicant has a temporary permit or
license to conduct a youth development program.
(4) "Public recreation center" means any building used by a political
or taxing subdivision of this state, or by an agency of such subdivision, for
recreation programs that serve children who are less than 18 years of age.
(5) "School" means any building used for instruction of students
enrolled in kindergarten or any of the grades one through 12 by a school
district or an accredited nonpublic school.
(6) "School-age program" means a child care facility that serves
exclusively school-age children and youth but does not include a youth
development program.
(7) "Youth development program" means a child care facility where
youth activities are conducted that is not located in an individual's
residence and that serves children who are enrolled in kindergarten to less
than 18 years of age.
(b) No license for a youth development program or school-age
program shall be denied, suspended or revoked on the basis that the
building does not meet the requirements for licensure if the building:
(1) Is a public recreation center or school and is used by school-age
children and youth that are of the same age as children and who are cared
for in a youth development program or school-age program;
(2) complies, during all hours of operation of a youth development
program or school-age program, with the Kansas fire prevention code or a
building code that is by law deemed to comply with the Kansas fire
prevention code; and
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(3) except as provided in subsection (c), complies during all hours of
operation of a youth development program or school-age program with all
local building code provisions that apply to recreation centers if the
building is a public recreation center or to schools if the building is a
school.
(c) If the standards that a building is required to comply with under
subsections (b)(2) and (b)(3) are in conflict or are otherwise inconsistent,
then the building standards shall be subject to subsection (b)(2).
(d) No license for a youth development program or school-age
program that operates in accordance with subsection (b)(1) shall be denied,
suspended or revoked based on an environmental deficiency and shall be
approved or renewed if:
(1) The environmental deficiency does not pose an imminent risk to
children and youth;
(2) the environmental deficiency is outside the applicant's or
licensee's immediate authority to correct; and
(3) the applicant or licensee has notified the public recreation center
or school of the environmental deficiency.
(e) The executive director is authorized to adopt rules and regulations
applicable to the services provided by youth development programs,
regarding health, safety, supervisory qualifications or training and
premises safety, including modifications of occupancy capacity limits or
group gathering restrictions, consistent with the local or state building or
fire codes.
(f) The executive director shall consult with youth development
programs to identify and resolve barriers to such programs qualifying as
eligible providers of child care services for which participating families
may receive state or federal child care financial assistance.
(g) The executive director shall develop and implement pilot
programs and is authorized to adopt modifications to licenses issued
pursuant to this section to provide flexibility to youth development
programs to address the needs of families served.
(h) Whenever drop-in program or words of like effect, are referred to
or designated by any statute, rule or regulation, contract or any other
document, such reference or designation shall apply to a youth
development program.
(i) This section shall take effect on July 1, 2026.
New Sec. 41. (a) Any license, certificate of registration or temporary
permit that was issued prior to the effective date of this act and is in effect
on the effective date of this act shall continue in effect until the expiration
thereof, unless suspended or revoked prior to such time.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 42. (a) As used in this section:
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(1) "Day care home" means a child care home as defined in section
24, and amendments thereto, or a group day care home.
(2) "Smoking" means possession of a lighted cigarette, cigar, pipe or
burning tobacco in any other form or device designed for the use of
tobacco.
(b) Smoking is hereby prohibited within any room, enclosed area or
other enclosed space of a facility or facilities of a day care home during a
time when children who are not related by blood, marriage or legal
adoption to the person who maintains the home are being cared for as part
of the operation of the day care home within the facility or facilities.
Nothing in this subsection shall be construed to prohibit smoking on the
premises of the day care home or outside the facility or facilities of a day
care home, including, but not limited to, porches, yards or garages.
(c) Each day care license shall contain a statement in bold print that
smoking is prohibited within a room, enclosed area or other enclosed
space of the facility or facilities of the day care home under the conditions
specified in subsection (b). The statement shall be phrased in substantially
the same language as subsection (b). The license shall be posted in a
conspicuous place in the facility or facilities.
(d) Each day care home shall be equipped with a fire extinguisher that
shall be maintained in an operable condition in a readily accessible
location.
(e) The executive director of the Kansas office of early childhood
may levy a civil fine against any day care home for a first or second
violation of this section. A third or subsequent violation shall be subject to
this act.
(f) In addition to any civil fine that may be levied pursuant to
subsection (e), any day care home that violates any provision of this
section may also be subject to criminal punishment pursuant to K.S.A. 21-
6112, and amendments thereto.
(g) This section shall take effect on and after July 1, 2026.
New Sec. 43. (a) Except as otherwise provided, information and
records pertaining to the immunization status of persons against childhood
diseases as required by section 29 , and amendments thereto, may be
disclosed and exchanged without a parent or guardian's written release
authorizing such disclosure to the following individuals and groups who
need to know such information in order to assure compliance with state
statutes or to achieve age-appropriate immunization status for children:
(1) Employees of public agencies or departments;
(2) health records staff of day care facilities, including, but not
limited to, facilities licensed by the executive director of the Kansas office
of early childhood;
(3) persons other than public employees who are entrusted with the
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regular care of those under the care and custody of a state agency,
including, but not limited to, operators of day care facilities, group homes,
residential care facilities and adoptive or foster homes; and
(4) healthcare professionals.
(b) Information and records that pertain to the immunization status of
persons against childhood diseases as required by section 29, and
amendments thereto, whose parent or guardian has submitted a written
statement of religious objection to immunization as provided in section 29,
and amendments thereto, may not be disclosed or exchanged without a
parent or guardian's written release authorizing such disclosure.
(c) This section shall take effect on and after July 1, 2026.
New Sec. 44. (a) The executive director of the Kansas office of early
childhood shall establish or cause to be established an online information
dissemination system that is accessible to the public, including names of
licensees, applicants and history of citations and substantiated findings.
The executive director shall adopt rules and regulations that are consistent
with the requirements for the receipt of child care ARRA funds and
provide for the establishment of an online information dissemination
system in accordance with this subsection.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 45. To the extent that funds expended for child care
services are subject to federal requirements and appropriation acts of the
legislature, such funds shall not be expended by any agency to reimburse
providers for unfilled child care slots, not including reimbursement for a
child who is temporarily absent due to illness or other reason and intend to
resume receiving child care services.
New Sec. 46. (a) Licensed youth development programs and school-
age programs that operate on or within premises of a public or private
school licensed by the state of Kansas shall be exempt from the
requirements of K.S.A. 65-508(b)(3), and amendments thereto, and section
29(b)(3), and amendments thereto.
(b) Such premises shall be governed by a memorandum of
understanding concerning the provisions of school inspections between the
state fire marshal and the local political or taxing subdivision.
Sec. 47. K.S.A. 38-1901 is hereby amended to read as follows: 38-
1901. On and after the effective date of this act July 1, 2025:
(a) (1) The advisory committee on children and families is hereby
redesignated and shall be known and referred to as the Kansas children's
cabinet.
(2) The Kansas children's cabinet shall be a division in the Kansas
office of early childhood.
(b) (1) The Kansas children's cabinet shall consist of 15 18 members
as follows:
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(1)(A) The executive director of the Kansas office of early childhood;
(B) The secretary of health and environment, or the secretary's
designee;
(2)(C) the secretary for children and families, or the secretary's
designee;
(3)(D) a member of the state board of regents selected by the state
board of regents, or such member's designee;
(4)(E) the commissioner of education, or the commissioner's
designee;
(5)(F) the commissioner of juvenile justice secretary of corrections ,
or the commissioner's secretary's designee;
(6)(G) a member of the Kansas supreme court selected by the Kansas
supreme court, or such member's designee;
(7)(H) five members of the public appointed by the governor who are
interested in and knowledgeable about the needs of children and families
shall be appointed by the governor, which and who , subject to the
provisions of subsection (e), may include persons who are children's
advocates, members of organizations with experience in programs that
benefit children or other individuals who have experience with children's
programs and services;
(8)(I) one person legislative member appointed by the speaker of the
house of representatives;
(9)(J) one legislative member appointed by the majority leader of the
house of representatives;
(L) one person legislative member appointed by the minority leader of
the house of representatives;
(10)(M) one person legislative member appointed by the president of
the senate; and
(11)(N) one legislative member appointed by the majority leader of
the senate; and
(O) one person legislative member appointed by the minority leader
of the senate.
(2) The members designated by clauses (1), (2), (3), (4), (5) and (6)
of this subsection subparagraphs (1)(A) through (1)(G) shall be nonvoting
members of the Kansas children's cabinet. All other members shall be
voting members.
(c) (1) Except as provided in paragraph (2) of this subsection, the
members of the Kansas children's cabinet appointed by the governor,
speaker, president and minority leaders shall serve for terms of four years
and until their successors are appointed and qualified. The governor voting
members shall appoint a chairperson of the committee cabinet from among
the voting members appointed by the governor. The chairperson shall serve
in such office throughout such member's current term of office and until a
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successor is appointed and qualified. The members of the Kansas
children's cabinet may elect any additional officers from among its
members necessary to carry out the duties and functions of the Kansas
children's cabinet.
(2) Of the members first appointed by the governor, two shall be
appointed for terms of two years, two shall be appointed for terms of three
years and the member selected by the governor to be the chairperson shall
be appointed for a term of four years. The member first appointed by the
speaker of the house of representatives shall be appointed for a term of one
year, the member first appointed by the minority leader of the house of
representatives shall be appointed for a term of two years, the member first
appointed by the president of the senate shall be appointed for a term of
three years and the member first appointed by the minority leader of the
senate shall be appointed for a term of four years. The governor shall
designate the term for which each of the members first appointed by the
governor shall serve Each voting member shall serve at the pleasure of
such voting member's appointing authority.
(3) All members appointed to fill vacancies in the membership of the
Kansas children's cabinet and all members appointed to succeed members
appointed to membership on the Kansas children's cabinet shall be
appointed in like manner as that provided for the original appointment of
the member succeeded. All members appointed to fill vacancies of a
member of the Kansas children's cabinet appointed by the governor, the
speaker of the house of representatives, the minority leader of the house of
representatives, the president of the senate or the minority leader of the
senate shall be appointed to fill the unexpired term of such member.
(d) Not more than three members of the Kansas children's cabinet
appointed by the governor under subsection (b)(7) (b)(1)(H) shall be
members of the same political party.
(e) (1) No person shall serve on the Kansas children's cabinet if such
person has knowingly acquired a substantial interest in any business. Any
such person who knowingly acquires such an interest shall vacate such
member's position on the Kansas children's cabinet.
(2) For purposes ofAs used in this subsection,:
(A) "Substantial interest" means any of the following:
(A)(i) If an individual or an individual's spouse, either individually or
collectively, has owned within the preceding 12 months a legal or
equitable interest exceeding $5,000 or 5% of any business, whichever is
less, the individual has a substantial interest in that business.
(B)(ii) If an individual or an individual's spouse, either individually or
collectively, has received during the preceding calendar year compensation
which that is or will be required to be included as taxable income on
federal income tax returns of the individual and spouse in an aggregate
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amount of $2,000 from any business or combination of businesses, the
individual has a substantial interest in that business or combination of
businesses.
(C)(iii) If an individual or an individual's spouse holds the position of
officer, director, associate, partner or proprietor of any business, the
individual has a substantial interest in that the business, irrespective of that
amount of compensation received by the individual or the individual's
spouse.
(D)(iv) If an individual or an individual's spouse receives
compensation which that is a portion or percentage of each separate fee or
commission paid to a business or combination of businesses, the individual
has a substantial interest in any client or customer who pays fees or
commissions to the business or combination of businesses from which fees
or commissions the individual or the individual's spouse, either
individually or collectively, received an aggregate of $2,000 or more in the
preceding calendar year.
(3) As used in this subsection, (B) "Client or customer" means a
business or combination of businesses.
(4) As used in this subsection, (C) "Business" means any entity
which that is eligible to receive funds from the children's initiatives fund,
as provided in K.S.A. 38-2102, and amendments thereto, from the
children's initiatives accountability fund, established by K.S.A. 38-2103,
and amendments thereto, or from the family and children trust account of
the family and children investment fund, as provided in K.S.A. 38-1808,
and amendments thereto.
(f) The Kansas children's cabinet shall meet upon the call of the
chairperson as necessary to carry out the duties and functions of the
Kansas children's cabinet. A quorum of the Kansas children's cabinet shall
be five voting members.
(g) The Kansas children's cabinet shall have and perform the
following functions:
(1) Assist the governor and the executive director of the Kansas
office of early childhood in developing and implementing a coordinated,
comprehensive service delivery system to serve the children and families
of Kansas;
(2) identify barriers to service and gaps in service due to strict
definitions of boundaries between departments and agencies;
(3) facilitate interagency and interdepartmental cooperation toward
the common goal of serving children and families;
(4) investigate and identify methodologies for the combining of funds
across departmental boundaries to better serve children and families;
(5) propose actions needed to achieve coordination of funding and
services across departmental lines;
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(6) encourage and facilitate joint planning and coordination between
the public and private sectors to better serve the needs of children and
families; and
(7) perform the duties and functions prescribed by K.S.A. 38-2103,
and amendments thereto; and
(8) review each individual application submitted to the cabinet for
any grant funding opportunities and allocate and administer such grants
upon direction by the executive director of the Kansas office of early
childhood.
(h) Members of the Kansas children's cabinet shall not be paid
compensation, but shall receive subsistence allowances, mileage and other
expenses as provided by K.S.A. 75-3223, and amendments thereto. The
subsistence allowances, mileage and other expenses as provided in K.S.A.
75-3223, and amendments thereto, shall be paid from available
appropriations of the Kansas department for children and families Kansas
office of early childhood, except that expenses of members who are
employed by a state agency shall be reimbursed by that state agency.
(i) On the effective date of this act, the advisory committee on
children and families is hereby abolished and all powers, duties, functions,
records and other property of the advisory committee on children and
families are hereby transferred to the Kansas children's cabinet created by
this section. Except as otherwise specifically provided by this act, the
Kansas children's cabinet shall be a continuation of the advisory
committee on children and families as it existed prior to the effective date
of this act.
Sec. 48. K.S.A. 38-2103 is hereby amended to read as follows: 38-
2103. (a) The Kansas children's cabinet established by K.S.A. 38-1901,
and amendments thereto, shall advise the governor and, the legislature and
the executive director of the Kansas office of early childhood regarding the
uses of the moneys credited to the children's initiatives fund.
(b) Use of such funds shall be subject to appropriations made by the
legislature.
(c) The Kansas children's cabinet shall review, assess and evaluate all
uses of the moneys in the children's initiatives fund. The Kansas children's
cabinet shall study and shall initiate studies, assessments and evaluations,
by contract or otherwise, through institutions of higher education and other
appropriate research entities to identify best practices and to measure and
otherwise determine the efficiency and efficacy of practices that are
utilized in programs, projects, improvements, services and other purposes
for which moneys are allocated or appropriated from the children's
initiatives fund. The costs of such reviews, assessments and evaluations
shall be paid from the children's initiatives accountability fund.
(c)(d) There shall be conducted performance audits and other audit
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work by the legislative post auditor upon request by the Kansas children's
cabinet and as directed by the legislative post audit committee in
accordance with the provisions of the legislative post audit act. The
purpose of such performance audits and other audit work shall be to
provide interested parties with the program evaluation and research needed
to make informed decisions for the uses of moneys credited to the
children's initiatives fund. The auditor to conduct such performance audit
or other audit work shall be specified in accordance with K.S.A. 46-1122,
and amendments thereto, and if the legislative post audit committee
specifies under such statute that a firm, as defined by K.S.A. 46-1112, and
amendments thereto, is to perform all or part of the audit work of such
audit, such firm shall be selected and shall perform such audit work as
provided in K.S.A. 46-1123, and amendments thereto, and K.S.A. 46-1125
through 46-1127, and amendments thereto. The audit work required
pursuant to this subsection shall be conducted in accordance with
generally accepted governmental auditing standards. The post auditor shall
compute the reasonably anticipated cost of the audit work performed by a
firm for such performance audit or other audit work pursuant to this
subsection, subject to review and approval by the contract audit committee
established by K.S.A. 46-1120, and amendments thereto, and the Kansas
children's cabinet shall pay such cost from the children's initiatives
accountability fund. If all or part of the audit work for such performance
audit or other audit work is performed by the division of post audit and the
division of post audit incurs costs in addition to those attributable to the
operations of the division of post audit in the performance of other duties
and responsibilities, the post auditor shall charge the Kansas children's
cabinet for such additional costs and the Kansas children's cabinet shall
pay such charges from the children's initiatives accountability fund. The
payment of any such costs and any such charges shall be a transaction
between the division of post audit and the Kansas children's cabinet and
such transaction shall be settled in accordance with the provisions of
K.S.A. 75-5516, and amendments thereto. All moneys received by the
division of post audit for such costs and charges shall be credited to the
audit services fund.
(d)(e) There is hereby established in the state treasury the children's
initiatives accountability fund , which shall be administered in accordance
with this section and the provisions of appropriation acts. The governor
shall recommend and the legislature shall provide for moneys to be
credited annually to the children's initiatives accountability fund by
transfers or other provisions of appropriation acts.
(e)(f) All moneys credited to the children's initiatives accountability
fund shall be used for the purposes of providing funding for assessment
and evaluation of programs, projects, improvements, services and other
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purposes for which moneys are allocated or appropriated from the
children's initiatives fund. All expenditures from the children's initiatives
accountability fund shall be made in accordance with appropriation acts
upon warrants of the director of accounts and reports issued pursuant to
vouchers approved in the manner prescribed by law.
(f)(g) On or before the 10th day of each month, the director of
accounts and reports shall transfer from the state general fund to the
Kansas endowment for youth fund interest earnings based on:
(1) The average daily balance of moneys in the children's initiatives
accountability fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for
the preceding month.
Sec. 49. K.S.A. 2024 Supp. 48-3406 is hereby amended to read as
follows: 48-3406. (a) For the purposes of this section:
(1) "Applicant" means an individual who is:
(A) A military spouse or military servicemember who resides or plans
to reside in this state due to the assigned military station of the individual
or the individual's spouse; or
(B) an individual who has established or intends to establish
residency in this state.
(2) "Complete application" means the licensing body has received all
forms, fees, documentation, a signed affidavit stating that the application
information, including necessary prior employment history, is true and
accurate and any other information required or requested by the licensing
body for the purpose of evaluating the application, consistent with this
section and the rules and regulations adopted by the licensing body
pursuant to this section. If the licensing body has received all such forms,
fees, documentation and any other information required or requested by
the licensing body, an application shall be deemed to be a complete
application even if the licensing body has not yet received a criminal
background report from the Kansas bureau of investigation. An application
by a military spouse of an active military servicemember shall be
considered a "complete application" without the submission of fees,
pursuant to the provisions of subsection (u).
(3) "Electronic credential" or "electronic certification, license or
registration" means an electronic method by which a person may display
or transmit to another person information that verifies the status of a
person's certification, licensure, registration or permit as authorized by a
licensing body and is equivalent to a paper-based certification, license,
registration or permit.
(4) "Licensing body" means an official, agency, board or other entity
of the state that authorizes individuals to practice a profession in this state
and issues a license, registration, certificate, permit or other authorization
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to an individual so authorized.
(5) "Military servicemember" means a current member of any branch
of the United States armed services, United States military reserves or
national guard of any state or a former member with an honorable
discharge.
(6) "Military spouse" means the spouse of a military servicemember.
(7) "Person" means a natural person.
(8) "Private certification" means a voluntary program in which a
private organization grants nontransferable recognition to an individual
who meets personal qualifications and standards relevant to performing the
occupation as determined by the private organization.
(9) "Scope of practice" means the procedures, actions, processes and
work that a person may perform under a government issued license,
registration or certification.
(10) "Verification system" means an electronic method by which the
authenticity and validity of electronic credentials are verified.
(b) Notwithstanding any other provision of law, any licensing body
shall, upon submission of a complete application, issue a paper-based and
verified electronic license, registration or certification to an applicant as
provided by this section, so that the applicant may lawfully practice the
person's occupation. Any licensing body may satisfy any requirement
under this section to provide a paper-based license, registration,
certification or permit in addition to an electronic license, registration,
certification or permit by issuing such electronic credential to the applicant
in a format that permits the applicant to print a paper copy of such
electronic credential. Such paper copy shall be considered a valid license,
registration, certification or permit for all purposes.
(c) An applicant who holds a valid current license, registration or
certification in another state, district or territory of the United States shall
receive a paper-based and verified electronic license, registration or
certification:
(1) If the applicant qualifies under the applicable Kansas licensure,
registration or certification by endorsement, reinstatement or reciprocity
statutes, then pursuant to applicable licensure, registration or certification
by endorsement, reinstatement or reciprocity statutes of the licensing body
of this state for the license, registration or certification within 15 days from
the date a complete application was submitted if the applicant is a military
servicemember or military spouse or within 45 days from the date a
complete application was submitted for all other applicants; or
(2) if the applicant does not qualify under the applicable licensure,
registration or certification by endorsement, reinstatement or reciprocity
statutes of the licensing body of this state, or if the Kansas professional
practice act does not have licensure, registration or certification by
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endorsement, reinstatement or reciprocity statutes, then the applicant shall
receive a license, registration or certification as provided herein if, at the
time of application, the applicant:
(A) Holds a valid current license, registration or certification in
another state, district or territory of the United States with licensure,
registration or certification requirements that the licensing body
determines authorize a similar scope of practice as those established by the
licensing body of this state, or holds a certification issued by another state
for practicing the occupation but this state requires an occupational
license, and the licensing body of this state determines that the
certification requirements certify a similar scope of practice as the
licensing requirements established by the licensing body of this state;
(B) has worked for at least one year in the occupation for which the
license, certification or registration is sought;
(C) has not committed an act in any jurisdiction that would have
constituted grounds for the limitation, suspension or revocation of the
license, certificate or registration, or that the applicant has never been
censured or had other disciplinary action taken or had an application for
licensure, registration or certification denied or refused to practice an
occupation for which the applicant seeks licensure, registration or
certification;
(D) has not been disciplined by a licensing, registering, certifying or
other credentialing entity in another jurisdiction and is not the subject of
an unresolved complaint, review procedure or disciplinary proceeding
conducted by a licensing, registering, certifying or other credentialing
entity in another jurisdiction nor has surrendered their membership on any
professional staff in any professional association or society or faculty for
another state or jurisdiction while under investigation or to avoid adverse
action for acts or conduct similar to acts or conduct that would constitute
grounds for disciplinary action in a Kansas practice act;
(E) does not have a disqualifying criminal record as determined by
the licensing body of this state under Kansas law;
(F) provides proof of solvency, financial standing, bonding or
insurance if required by the licensing body of this state, but only to the
same extent as required of any applicant with similar credentials or
experience;
(G) pays any fees required by the licensing body of this state; and
(H) submits with the application a signed affidavit stating that the
application information, including necessary prior employment history, is
true and accurate.
Upon receiving a complete application and the provisions of subsection
(c)(2) apply and have been met by the applicant, the licensing body shall
issue the license, registration or certification within 15 days from the date
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a complete application was submitted by a military servicemember or
military spouse, or within 45 days from the date a complete application
was submitted by an applicant who is not a military servicemember or
military spouse, to the applicant on a probationary basis, but may revoke
the license, registration or certification at any time if the information
provided in the application is found to be false. The probationary period
shall not exceed six months. Upon completion of the probationary period,
the license, certification or registration shall become a non-probationary
license, certification or registration.
(d) Any applicant who has not been in the active practice of the
occupation during the two years preceding the application for which the
applicant seeks a license, registration or certification under subsection (c)
(2) may be required to complete such additional testing, training,
monitoring or continuing education as the Kansas licensing body may
deem necessary to establish the applicant's present ability to practice in a
manner that protects the health and safety of the public, as provided by
subsection (j).
(e) Upon submission of a complete application, an applicant may
receive an occupational license, registration or certification based on the
applicant's work experience in another state, if the applicant:
(1) Worked in a state that does not use an occupational license,
registration, certification or private certification to regulate an occupation,
but this state uses an occupational license, registration or certification to
regulate the occupation;
(2) worked for at least three years in the occupation during the four
years immediately preceding the application; and
(3) satisfies the requirements of subsection (c)(2)(C) through (H).
(f) Upon submission of a complete application, an applicant may
receive an occupational license, registration or certification under
subsection (b) based on the applicant's holding of a private certification
and work experience in another state, if the applicant:
(1) Holds a private certification and worked in a state that does not
use an occupational license or government certification to regulate an
occupation, but this state uses an occupational license or government
certification to regulate the occupation;
(2) worked for at least two years in the occupation;
(3) holds a current and valid private certification in the occupation;
(4) is held in good standing by the organization that issued the private
certification; and
(5) satisfies the requirements of subsection (c)(2)(C) through (H).
(g) An applicant licensed, registered or certified under this section
shall be entitled to the same rights and subject to the same obligations as
are provided by the licensing body for Kansas residents, except that
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revocation or suspension of an applicant's license, registration or
certificate in the applicant's state of residence or any jurisdiction in which
the applicant held a license, registration or certificate shall automatically
cause the same revocation or suspension of such applicant's license,
registration or certificate in Kansas. No hearing shall be granted to an
applicant where such applicant's license, registration or certificate is
subject to such automatic revocation or suspension, except for the purpose
of establishing the fact of revocation or suspension of the applicant's
license, registration or certificate by the applicant's state of residence or
jurisdiction in which the applicant held a license, registration or certificate.
(h) In the event the licensing body determines that the license,
registration or certificate currently held by an applicant under subsection
(c)(2) or the work experience or private credential held by an applicant
under subsections (e) or (f), who is a military spouse or military
servicemember does not authorize a similar scope of practice as the
license, registration or certification issued by the licensing body of this
state, the licensing body shall issue a temporary permit for a limited period
of time to allow the applicant to lawfully practice the applicant's
occupation while completing any specific requirements that are required in
this state for licensure, registration or certification that were not required
in the state, district or territory of the United States in which the applicant
was licensed, registered, certified or otherwise credentialed, unless the
licensing body finds, based on specific grounds, that issuing a temporary
permit would jeopardize the health and safety of the public.
(i) In the event the licensing body determines that the license,
registration or certification currently held by an applicant under subsection
(c)(2) or the work experience or private credential held by an applicant
under subsections (e) or (f), who is not a military spouse or military
servicemember, does not authorize a similar scope of practice as the
license, registration or certification issued by the licensing body of this
state, the licensing body may issue a temporary permit for a limited period
of time to allow the applicant to lawfully practice the applicant's
occupation while completing any specific requirements that are required in
this state for licensure, registration or certification that was not required in
the state, district or territory of the United States in which the applicant
was licensed, registered, certified or otherwise credentialed, unless the
licensing body finds, based on specific grounds, that issuing a temporary
permit would jeopardize the health and safety of the public.
(j) Any testing, continuing education or training requirements
administered under subsection (d), (h) or (i) shall be limited to Kansas law
that regulates the occupation and that are materially different from or
additional to the law of another state, or shall be limited to any materially
different or additional body of knowledge or skill required for the
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occupational license, registration or certification in Kansas.
(k) A licensing body may grant licensure, registration, certification or
a temporary permit to any person who meets the requirements under this
section but was separated from such military service under less than
honorable conditions or with a general discharge under honorable
conditions.
(l) Nothing in this section shall be construed to apply in conflict with
or in a manner inconsistent with federal law or a multistate compact, or a
rule or regulation or a reciprocal or other applicable statutory provision
that would allow an applicant to receive a license. Nothing in this section
shall be construed as prohibiting a licensing body from denying any
application for licensure, registration or certification, or declining to grant
a temporary or probationary license, if the licensing body determines that
granting the application may jeopardize the health and safety of the public.
(m) Nothing in this section shall be construed to be in conflict with
any applicable Kansas statute defining the scope of practice of an
occupation. The scope of practice as provided by Kansas law shall apply to
applicants under this section.
(n) Notwithstanding any other provision of law, during a state of
emergency declared by the legislature, a licensing body may grant a
temporary emergency license to practice any profession licensed, certified,
registered or regulated by the licensing body to an applicant whose
qualifications the licensing body determines to be sufficient to protect
health and safety of the public and may prohibit any unlicensed person
from practicing any profession licensed, certified, registered or regulated
by the licensing body.
(o) Not later than January 1, 2025, Licensing bodies shall provide
paper-based and verified electronic credentials to persons regulated by the
licensing body. A licensing body may prescribe the format or requirements
of the electronic credential to be used by the licensing body. Any statutory
or regulatory requirement to display, post or produce a credential issued by
a licensing body may be satisfied by the proffer of an electronic credential
authorized by the licensing body. A licensing body may use a third-party
electronic credential system that is not maintained by the licensing body.
(p) On or before January 1, 2025, and Subject to appropriations
therefore therefor , the secretary of administration shall develop and
implement a uniform or singular license verification portal for the purpose
of verifying or reporting license statuses such as credentials issued,
renewed, revoked or suspended by licensing bodies or that have expired or
otherwise changed in status. The secretary of administration may utilize
the services or facilities of a third party for the central electronic record
system. The central electronic record system shall comply with the
requirements adopted by the information technology executive council
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pursuant to K.S.A. 75-7203, and amendments thereto. Beginning January
1, 2025, Each licensing body shall be able to integrate with the uniform or
singular license verification portal in the manner and format required by
the secretary of administration indicating any issuance, renewal,
revocation, suspension, expiration or other change in status of an
electronic credential that has occurred. No charge for the establishment or
maintenance of the uniform or singular license verification portal shall be
imposed on any licensing body or any person with a license, registration,
certification or permit issued by a licensing body. The centralized
electronic credential data management systems shall include an
instantaneous verification system that is operated by the licensing body's
respective secretary, or the secretary's designee, or the secretary's third-
party agent on behalf of the licensing body for the purpose of instantly
verifying the authenticity and validity of electronic credentials issued by
the licensing body. Centralized electronic credential data management
systems shall maintain an auditable record of credentials issued by each
licensing body.
(q) Nothing in this section shall be construed as prohibiting or
preventing a licensing body from developing, operating, maintaining or
using a separate electronic credential system of the licensing body or of a
third party in addition to making the reports to the central electronic record
system required by subsection (p) or participating in a multistate compact
or a reciprocal licensure, registration or certification process as long as the
separate electronic credential system of the licensing body integrates with
the uniform or singular license verification portal.
(r) Each licensing body shall adopt rules and regulations necessary to
implement and carry out the provisions of this section.
(s) This section shall not apply to the practice of law or the regulation
of attorneys pursuant to K.S.A. 7-103, and amendments thereto, or to the
certification of law enforcement officers pursuant to the Kansas law
enforcement training act, K.S.A. 74-5601 et seq., and amendments thereto.
(t) The state board of healing arts and the state board of technical
professions, with respect to an applicant who is seeking a license to
practice professional engineering or engage in the practice of engineering,
as defined in K.S.A. 74-7003, and amendments thereto, may deny an
application for licensure, registration or certification, or decline to grant a
temporary or probationary license, if the board determines the applicant's
qualifications are not substantially equivalent to those established by the
board. Such boards shall not otherwise be exempt from the provisions of
this act.
(u) Notwithstanding any other provision of law to the contrary,
applicants who are military spouses of active military service members
shall be exempt from all fees assessed by any licensing body to obtain an
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occupational credential in Kansas and renew such credential including
initial or renewal application, licensing, registration, certification,
endorsement, reciprocity or permit fees and any criminal background
report fees, whether assessed by the licensing body or another agency.
Licensing bodies shall adopt rules and regulations to implement the
provisions of this subsection.
(v) This section shall apply to all licensing bodies not excluded under
subsection (s), including, but not limited to:
(1) The abstracters' board of examiners;
(2) the board of accountancy;
(3) the board of adult care home administrators;
(4) the secretary for aging and disability services, with respect to
K.S.A. 65-5901 et seq. and 65-6503 et seq., and amendments thereto;
(5) the Kansas board of barbering;
(6) the behavioral sciences regulatory board;
(7) the Kansas state board of cosmetology;
(8) the Kansas dental board;
(9) the state board of education;
(10) the Kansas board of examiners in fitting and dispensing of
hearing instruments;
(11) the board of examiners in optometry;
(12) the state board of healing arts, as provided by subsection (t);
(13) the secretary of health and environment , with respect to K.S.A.
82a-1201 et seq., and amendments thereto;
(14) the executive director of Kansas office of early childhood;
(15) the commissioner of insurance, with respect to K.S.A. 40-241
and 40-4901 et seq., and amendments thereto;
(15)(16) the state board of mortuary arts;
(16)(17) the board of nursing;
(17)(18) the state board of pharmacy;
(18)(19) the Kansas real estate commission;
(19)(20) the real estate appraisal board;
(20)(21) the state board of technical professions, as provided by
subsection (t); and
(21)(22) the state board of veterinary examiners.
(w) All proceedings pursuant to this section shall be conducted in
accordance with the provisions of the Kansas administrative procedure act
and shall be reviewable in accordance with the Kansas judicial review act.
(x) (1) Commencing on July 1, 2021, and each year thereafter, Each
licensing body listed in subsection (u)(1) (v)(1) through (21) (22) shall
provide a report for the period of July 1 through June 30 to the director of
legislative research by August 31 of each year, providing information
requested by the director of legislative research to fulfill the requirements
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of this subsection. The director of legislative research shall develop the
report format, prepare an analysis of the reports and submit and present the
analysis to the office of the governor, the house of representatives
committee on commerce, labor and economic development of the house of
representatives or any successor committee thereof , the senate committee
on commerce of the senate or any successor committee thereof , the house
of representatives committee on appropriations of the house of
representatives or any successor committee thereof and the senate
committee on ways and means of the senate or any successor committee
thereof by January 15 of the succeeding year. The director's report may
provide any analysis the director deems useful and shall provide the
following items, detailed by applicant type, including military
servicemember, military spouse and non-military individual:
(1)(A) The number of applications received under the provisions of
this section;
(2)(B) the number of applications granted under this section;
(3)(C) the number of applications denied under this section;
(4)(D) the average time between receipt of the application and
completion of the application;
(5)(E) the average time between receipt of a complete application and
issuance of a license, certification or registration; and
(6)(F) identification of applications submitted under this section
where the issuance of credentials or another determination by the licensing
body was not made within the time limitations pursuant to this section and
the reasons for the failure to meet such time limitations.
(2) All information shall be provided by the licensing body to the
director of legislative research in a manner that maintains the
confidentiality of all applicants and in aggregate form that does not permit
identification of individual applicants.
Sec. 50. K.S.A. 2024 Supp. 65-503 is hereby amended to read as
follows: 65-503. As used in this act:
(a) "Child placement agency" means a business or service conducted,
maintained or operated by a person engaged in finding homes for children
by placing or arranging for the placement of such children for adoption or
foster care.
(b) "Child care resource and referral agency" means a business or
service conducted, maintained or operated by a person engaged in
providing resource and referral services, including information of specific
services provided by child care facilities, to assist parents to find child
care. "Act" means article 5 of chapter 65 of the Kansas Statutes
Annotated, and amendments thereto.
(b) "Assistant teacher" means a staff member of a child care center
who meets requirements specified in section 1, and amendments thereto,
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SB 132 50
and is responsible for assisting the lead teacher in the care of children.
(c) "Boarding school" means a facility that provides 24-hour care to
school age children, provides education as its primary function and is
accredited by an accrediting agency acceptable to the secretary of health
and environment.
(d) "Child care center" means a facility that meets child care center
regulations and provides care and educational activities for children.
(e) (1) "Child care facility" means:
(1)(A) A facility maintained by a person who has control or custody
of one or more children under 16 years of age, unattended by parent or
guardian, for the purpose of providing the children with food or lodging,
or both, except excluding children in the custody of the secretary for
children and families who are placed with a prospective adoptive family
pursuant to the provisions of an adoptive placement agreement or who are
related to the person by blood, marriage or legal adoption;
(2)(B) a children's home, orphanage, maternity home, day care
facility or other facility of a type determined by that the secretary
determines to require regulation under the provisions of this act;
(3)(C) a child placement agency or child care resource and referral
agency, or a facility maintained by such an agency for the purpose of
caring for children under 16 years of age; or
(4)(D) any receiving or detention home for children under 16 years of
age provided or maintained by, or receiving aid from, any city or county or
the state.
(2) "Child care facility" does not include an individual who provides
care for less than 35 hours per week to four or fewer children, not more
than two of whom may be infants, who are not related to the individual by
blood, marriage or legal adoption.
(d)(f) "Child care home" means the premises where care is provided
for children at a residence.
(g) "Child care resource and referral agency" means a business or
service conducted, maintained or operated by a person engaged in
providing resource and referral services, including information of specific
services provided by child care facilities, to assist parents to find child
care.
(h) "Child placement agency" means a business or service
conducted, maintained or operated by a person engaged in finding homes
for children by placing or arranging for the placement of such children for
adoption or foster care.
(i) (1) "Day care facility" means a child care facility that includes a
day care home, preschool, child care center, school-age program or other
facility of a type determined by the secretary to require regulation under
the provisions of K.S.A. 65-501 et seq., and amendments thereto.
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(2) "Day care facility" does not include:
(A) A youth development program; or
(B) an individual who provides care for less than 35 hours per week
to four or fewer children, not more than two of whom may be infants, who
are not related to the individual by blood, marriage or legal adoption.
(e)(j) "Employee" means a person working, regularly volunteering or
residing in a child care facility.
(k) "Infant" means a child who is between two weeks and 12 months
of age or a child older than 12 months who has not yet learned to walk.
(l) "Lead teacher" means an individual who meets the requirements
of section 1, and amendments thereto, and can independently staff any unit
in a child care center.
(m) "Licensure year" means the period of time beginning on the
effective date and ending on the expiration date of a license.
(n) "Maternity center" means a facility that provides delivery services
for normal, uncomplicated pregnancies but does not include a medical
care facility as defined by K.S.A. 65-425, and amendments thereto.
(o) "Person" means any individual, association, partnership,
corporation, government, governmental subdivision or other entity.
(f) "Boarding school" means a facility which provides 24-hour care to
school age children, provides education as its primary function, and is
accredited by an accrediting agency acceptable to the secretary of health
and environment.
(g) "Maternity center" means a facility which provides delivery
services for normal, uncomplicated pregnancies but does not include a
medical care facility as defined by K.S.A. 65-425, and amendments
thereto.
(h) "Employee" means a person working, regularly volunteering or
residing in a child care facility.
(p) "Program director" means the staff member of a child care center
who meets the requirements of section 1, and amendments thereto, and is
responsible for implementing and supervising the comprehensive and
coordinated plan of activities that provide for the education, care,
protection and development of children who attend a child care center.
(q) "School-age" means a child who will be at least six years of age
on or before the first day of September of any school year but is under 16
years of age.
(r) "Unit" means the number of children who may be present in one
group in a child care center.
(s) "Youth development program" means the same as defined in
K.S.A. 65-527, and amendments thereto.
Sec. 51. On and after July 1, 2026, K.S.A. 2024 Supp. 65-503, as
amended by section 50 of this act, is hereby amended to read as follows:
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65-503. As used in this act:
(a) "Act" means article 5 of chapter 65 of the Kansas Statutes
Annotated, and amendments thereto.
(b) "Assistant teacher" means a staff member of a child care center
who meets requirements specified in section 1 2, and amendments thereto,
and is responsible for assisting the lead teacher in the care of children.
(c) "Boarding school" means a facility that provides 24-hour care to
school age children, provides education as its primary function and is
accredited by an accrediting agency acceptable to the secretary of health
and environment.
(d) "Child care center" means a facility that meets child care center
regulations and provides care and educational activities for children.
(e) (1) "Child care facility" means:
(A) A facility maintained by a person who has control or custody of
one or more children under 16 years of age, unattended by parent or
guardian, for the purpose of providing the children with food or lodging,
or both, excluding children in the custody of the secretary for children and
families who are placed with a prospective adoptive family pursuant to the
provisions of an adoptive placement agreement or who are related to the
person by blood, marriage or legal adoption;
(B) a children's home, orphanage, maternity home , day care facility
or other facility that the secretary determines to require regulation under
this act;
(C) a child placement agency or child care resource and referral
agency, or a facility maintained by such an agency for the purpose of
caring for children under 16 years of age; or
(D) any receiving or detention home for children under 16 years of
age provided or maintained by, or receiving aid from, any city or county or
the state.
(2) "Child care facility" does not include an individual who provides
care for less than 35 hours per week to four or fewer children, not more
than two of whom may be infants, who are not related to the individual by
blood, marriage or legal adoption.
(f) "Child care home" means the premises where care is provided for
children at a residence.
(g) "Child care resource and referral agency" means a business or
service conducted, maintained or operated by a person engaged in
providing resource and referral services, including information of specific
services provided by child care facilities, to assist parents to find child
care.
(h)(e) "Child placement agency" means a business or service
conducted, maintained or operated by a person engaged in finding homes
for children by placing or arranging for the placement of such children for
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adoption or foster care.
(i) (1) "Day care facility" means a child care facility that includes a
day care home, preschool, child care center, school-age program or other
facility of a type determined by the secretary to require regulation under
K.S.A. 65-501 et seq., and amendments thereto.
(2) "Day care facility" does not include:
(A) A youth development program; or
(B) an individual who provides care for less than 35 hours per week
to four or fewer children, not more than two of whom may be infants, who
are not related to the individual by blood, marriage or legal adoption.
(j)(f) "Employee" means a person working, regularly volunteering or
residing in a child care facility.
(k)(g) "Infant" means a child who is between two weeks and 12
months of age or a child older than 12 months who has not yet learned to
walk.
(l)(h) "Lead teacher" means an individual who meets the
requirements of section 1 2 , and amendments thereto, and can
independently staff any unit in a child care center.
(m)(i) "Licensure year" means the period of time beginning on the
effective date and ending on the expiration date of a license.
(n)(j) "Maternity center" means a facility that provides delivery
services for normal, uncomplicated pregnancies but does not include a
medical care facility as defined by K.S.A. 65-425, and amendments
thereto.
(o)(k) "Person" means any individual, association, partnership,
corporation, government, governmental subdivision or other entity.
(p)(l) "Program director" means the staff member of a child care
center who meets the requirements of section 12, and amendments thereto,
and is responsible for implementing and supervising the comprehensive
and coordinated plan of activities that provide for the education, care,
protection and development of children who attend a child care center.
(q)(m) "School-age" means a child who will be at least six years of
age on or before the first day of September of any school year but is under
16 years of age.
(r)(n) "Unit" means the number of children who may be present in
one group in a child care center.
(s) "Youth development program" means the same as defined in
K.S.A. 65-527, and amendments thereto.
Sec. 52. On and after July 1, 2026, K.S.A. 65-504 is hereby amended
to read as follows: 65-504. (a) The secretary of health and environment
shall have the power to grant a license to a person to maintain a maternity
center or child care facility for children under 16 years of age. A license
granted to maintain a maternity center or child care facility shall state the
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name of the licensee, describe the particular premises in or at which the
business shall be carried on, whether it shall receive and care for women
or children, and the number of women or children that may be treated,
maintained, boarded or cared for at any one time. No greater number of
women or children than is authorized in the license shall be kept on those
premises and the business shall not be carried on in a building or place not
designated in the license. The license shall be kept posted in a conspicuous
place on the premises where the business is conducted. A license granted
to maintain a day care facility shall have on its face an expiration sticker
stating the date of expiration of the license.
The secretary of health and environment shall grant no license in any
case until careful inspection of the maternity center or child care facility
shall have been made according to the terms of this act and until such
maternity center or child care facility has complied with all the
requirements of this act. Except as provided by this subsection, no license
shall be granted without the approval of the secretary for children and
families. The secretary of health and environment may issue, without the
approval of the secretary for children and families, a temporary permit to
operate for a period not to exceed 90 days upon receipt of an initial
application for license. The secretary of health and environment may
extend, without the approval of the secretary for children and families, the
temporary permit to operate for an additional period not to exceed 90 days
if an applicant is not in full compliance with the requirements of this act
but has made efforts towards full compliance.
(b) (1) In all cases where the secretary for children and families
deems it necessary, an investigation of the maternity center or child care
facility shall be made under the supervision of the secretary for children
and families or other designated qualified agents. For that purpose and for
any subsequent investigations they shall have the right of entry and access
to the premises of the center or facility and to any information deemed
necessary to the completion of the investigation. In all cases where an
investigation is made, a report of the investigation of such center or facility
shall be filed with the secretary of health and environment.
(2) In cases where neither approval or disapproval can be given
within a period of 30 days following formal request for such a study, the
secretary of health and environment may issue a temporary license without
fee pending final approval or disapproval of the center or facility.
(c) Whenever the secretary of health and environment refuses to grant
a license to an applicant, the secretary shall issue an order to that effect
stating the reasons for such denial and within five days after the issuance
of such order shall notify the applicant of the refusal. Upon application not
more than 15 days after the date of its issuance a hearing on the order shall
be held in accordance with the provisions of the Kansas administrative
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procedure act.
(d) When the secretary of health and environment finds upon
investigation or is advised by the secretary for children and families that
any of the provisions of this act or the provisions of K.S.A. 59-2123, and
amendments thereto, are being violated, or that the maternity center or
child care facility is maintained without due regard to the health, safety or
welfare of any woman or child, the secretary of health and environment
may issue an order revoking such license after giving notice and
conducting a hearing in accordance with the provisions of the Kansas
administrative procedure act. The order shall clearly state the reason for
the revocation.
(e) If the secretary revokes or refuses to renew a license, the licensee
who had a license revoked or not renewed shall not be eligible to apply for
a license for a period of one year subsequent to the date such revocation or
refusal to renew becomes final. If the secretary revokes or refuses to renew
a license of a licensee who is a repeat, three or more times, violator of
statutory requirements or rules and regulations or is found to have
contributed to the death or serious bodily harm of a child under such
licensee's care, such licensee shall be permanently prohibited from
applying for a new license to provide child care or from seeking
employment under another licensee.
(f) Any applicant or licensee aggrieved by a final order of the
secretary of health and environment denying or revoking a license under
this act may appeal the order in accordance with the Kansas judicial
review act.
Sec. 53. K.S.A. 65-505 is hereby amended to read as follows: 65-505.
(a) (1) The annual fee for a license to conduct a maternity center or child
care facility shall be fixed by the secretary of health and environment by
rules and regulations in an amount not exceeding the following:
(1)(A) For a maternity center, $150;
(2)(B) for a child placement agency, $150; and
(3)(C) for a child care resource and referral agency, $150; and.
(4)(2) for any otherExcept for child care facilities listed in paragraph
(1), there shall be no annual fee for a license to conduct a child care
facility, $75 plus $1 times the maximum number of children authorized
under the license to be on the premises at any one time.
(3) The license fee shall be paid to the secretary of health and
environment when the license is applied for and annually thereafter. The
fee shall not be refundable. No fee shall be charged for a license to
conduct a home for children which that is a family foster home as defined
in K.A.R. 28-4-311 , and amendments thereto. Fees in effect under this
subsection (a) immediately prior to the effective date of this act shall
continue in effect on and after the effective date of this act until a different
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fee is established by the secretary of health and environment by rules and
regulations under this subsection.
(b) Any licensee who fails to renew such license within 30 days after
the expiration of the license shall pay to the secretary the renewal fee plus
a late fee in an amount of $75 or equal to the fee for the renewal of a
license, whichever is greater.
(c) Any licensee applying for an amended license shall pay to the
secretary of health and environment a fee established by rules and
regulations of the secretary in an amount not exceeding $35.
(d) The secretary of health and environment shall remit all moneys
received by the secretary from fees under the provisions of this section to
the state treasurer in accordance with the provisions of K.S.A. 75-4215,
and amendments thereto. Upon receipt of each such remittance, the state
treasurer, notwithstanding any other law to the contrary, shall deposit the
entire amount in the state treasury to the credit of the maternity centers and
child care licensing fee fund. All expenditures from the maternity centers
and child care licensing fee fund shall be made only for the purposes of
article 5 of chapter 65 of the Kansas Statutes Annotated , and amendments
thereto, in accordance with appropriation acts upon warrants of the
director of accounts and reports issued pursuant to vouchers approved by
the secretary of health and environment or by a person or persons
designated by the secretary. Notwithstanding any other law to the contrary,
no moneys shall be transferred or otherwise revert from this fund to the
state general fund by appropriation act or other act of the legislature.
Moneys available under this section by the creation of the maternity
centers and child care licensing fee fund shall not be substituted for or
used to reduce or eliminate moneys available to the department of health
and environment to administer the provisions of article 5 of chapter 65 of
the Kansas Statutes Annotated , and amendments thereto . Nothing in this
act shall be construed to authorize a reduction or elimination of moneys
made available by the state to local units of government for the purposes
of article 5 of chapter 65 of the Kansas Statutes Annotated, and
amendments thereto.
Sec. 54. K.S.A. 65-508 is hereby amended to read as follows: 65-508.
(a) Any maternity center or child care facility subject to the provisions of
this act shall:
(1) Be properly heated, plumbed, lighted and ventilated;
(2) have plumbing, water and sewerage systems which that conform
to all applicable state and local laws; and
(3) be operated with strict regard to the health, safety and welfare of
any woman or child.
(b) (1) Every maternity center or child care facility shall furnish or
cause to be furnished for the use of each resident and employee an
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individual towel, wash cloth washcloth or disposable products , comb and
individual drinking cup or sanitary bubbling fountain, and toothbrushes for
all children other than infants, and shall keep or require such articles to be
kept at all times in a clean and sanitary condition.
(2) Toothbrushes in a day care facility may be used after meals or as
appropriate.
(3) Every maternity center or child care facility shall comply with all
applicable fire codes and rules and regulations of the state fire marshal.
(c) (1) The secretary of health and environment with the cooperation
of the secretary for children and families shall develop and adopt rules and
regulations for the operation and maintenance of maternity centers and
child care facilities. The rules and regulations for operating and
maintaining maternity centers and child care facilities shall be designed to
promote the health, safety and welfare of any woman or child served in
such facilities by ensuring safe and adequate physical surroundings,
healthful food, adequate handwashing, safe storage of toxic substances and
hazardous chemicals, sanitary diapering and toileting, home sanitation,
supervision and care of the residents by capable, qualified persons of
sufficient number, after-hour care, an adequate program of activities and
services, sudden infant death syndrome and safe sleep practices training,
prohibition on corporal punishment, crib safety, protection from electrical
hazards, protection from swimming pools and other water sources, fire
drills, emergency plans, safety of outdoor playground surfaces, door locks,
safety gates and transportation and such appropriate parental participation
as may be feasible under the circumstances. Boarding schools are excluded
from requirements regarding the number of qualified persons who must
supervise and provide care to residents.
(2) Rules and regulations developed under this subsection shall
include provisions for the competent supervision and care of children in
day care facilities. For purposes of such rules and regulations, competent
supervision as this term relates to children less than five years of age
includes, but is not limited to, direction of activities, adequate oversight
including sight or sound monitoring, or both, physical proximity to
children, diapering and toileting practices; and for all children, competent
supervision includes, but is not limited to, planning and supervision of
daily activities, safe sleep practices, including, but not limited to, visual or
sound monitoring, periodic checking, emergency response procedures and
drills, illness and injury response procedures, food service preparation and
sanitation, playground supervision, pool and water safety practices.
(d) In addition to any rules and regulations adopted under this section
for safe sleep practices, child care facilities shall ensure that all of the
following requirements are met for children under 12 months of age:
(1) A child shall only be placed to sleep on a surface and in an area
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that has been approved for use as such by the secretary of health and
environment;
(2) the sleep surface shall be free from soft or loose bedding,
including, but not limited to, blankets, bumpers and pillows; and
(3) the sleep surface shall be free from toys, including mobiles and
other types of play equipment or devices.
(e) Child care facilities shall ensure that children over 12 months of
age only be placed to sleep on a surface and in an area that has been
approved for use as such by the secretary of health and environment.
(f) The secretary of health and environment may exercise discretion
to make exceptions to requirements in subsections (d) and (e) where
special health needs exist.
(g) Each child cared for in a child care facility, including children of
the person maintaining the facility, shall be required to have current such
immunizations as the secretary of health and environment considers
necessary. The person maintaining a child care facility shall maintain a
record of each child's immunizations and shall provide to the secretary of
health and environment such information relating thereto, in accordance
with rules and regulations of the secretary, but the person maintaining a
child care facility shall not have such person's license revoked solely for
the failure to have or to maintain the immunization records required by
this subsection.
(h) The immunization requirement of subsection (g) shall not apply if
one of the following is obtained:
(1) Certification from a licensed physician stating that the physical
condition of the child is such that immunization would endanger the child's
life or health; or
(2) a written statement signed by a parent or guardian that the parent
or guardian is an adherent of a religious denomination whose teachings are
opposed to immunizations.
Sec. 55. On and after July 1, 2026, K.S.A. 65-508, as amended by
section 54 of this act, is hereby amended to read as follows: 65-508. (a)
Any maternity center or child care facility subject to this act shall:
(1) Be properly heated, plumbed, lighted and ventilated;
(2) have plumbing, water and sewerage systems that conform to all
applicable state and local laws; and
(3) be operated with strict regard to the health, safety and welfare of
any woman or child.
(b) (1) Every maternity center or child care facility shall furnish or
cause to be furnished for the use of each resident and employee an
individual towel, washcloth or disposable products, comb and individual
drinking cup or sanitary bubbling fountain, and toothbrushes for all
children other than infants, and shall keep or require such articles to be
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kept at all times in a clean and sanitary condition.
(2) Toothbrushes in a day child care facility may be used after meals
or as appropriate.
(3) Every maternity center or child care facility shall comply with all
applicable fire codes and rules and regulations of the state fire marshal.
(c) (1) The secretary of health and environment with the cooperation
of the secretary for children and families shall develop and adopt rules and
regulations for the operation and maintenance of maternity centers and
child care facilities. The rules and regulations for operating and
maintaining maternity centers and child care facilities shall be designed to
promote the health, safety and welfare of any woman or child served in
such facilities by ensuring safe and adequate physical surroundings,
healthful food, adequate handwashing, safe storage of toxic substances and
hazardous chemicals, sanitary diapering and toileting, home sanitation,
supervision and care of the residents by capable, qualified persons of
sufficient number, after-hour care, an adequate program of activities and
services, sudden infant death syndrome and safe sleep practices training,
prohibition on corporal punishment, crib safety, protection from electrical
hazards, protection from swimming pools and other water sources, fire
drills, emergency plans, safety of outdoor playground surfaces, door locks,
safety gates and transportation and such appropriate parental participation
as may be feasible under the circumstances. Boarding schools are excluded
from requirements regarding the number of qualified persons who must
supervise and provide care to residents.
(2) Rules and regulations developed under this subsection shall
include provisions for the competent supervision and care of children in
day care facilities. For purposes of such rules and regulations, competent
supervision as this term relates to children less than five years of age
includes, but is not limited to, direction of activities, adequate oversight
including sight or sound monitoring, or both, physical proximity to
children, diapering and toileting practices; and for all children, competent
supervision includes, but is not limited to, planning and supervision of
daily activities, safe sleep practices, including, but not limited to, visual or
sound monitoring, periodic checking, emergency response procedures and
drills, illness and injury response procedures, food service preparation and
sanitation, playground supervision, pool and water safety practices.
(d) In addition to any rules and regulations adopted under this section
for safe sleep practices, child care facilities shall ensure that all of the
following requirements are met for children under 12 months of age:
(1) A child shall only be placed to sleep on a surface and in an area
that has been approved for use as such by the secretary of health and
environment;
(2) the sleep surface shall be free from soft or loose bedding,
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including, but not limited to, blankets, bumpers and pillows; and
(3) the sleep surface shall be free from toys, including mobiles and
other types of play equipment or devices.
(e) Child care facilities shall ensure that children over 12 months of
age only be placed to sleep on a surface and in an area that has been
approved for use as such by the secretary of health and environment.
(f) The secretary of health and environment may exercise discretion
to make exceptions to requirements in subsections (d) and (e) where
special health needs exist.
(g) Each child cared for in a child care facility, including children of
the person maintaining the facility, shall be required to have current such
immunizations as the secretary of health and environment considers
necessary. The person maintaining a child care facility shall maintain a
record of each child's immunizations and shall provide to the secretary of
health and environment such information relating thereto, in accordance
with rules and regulations of the secretary, but the person maintaining a
child care facility shall not have such person's license revoked solely for
the failure to have or to maintain the immunization records required by
this subsection.
(h) The immunization requirement of subsection (g) shall not apply if
one of the following is obtained:
(1) Certification from a licensed physician stating that the physical
condition of the child is such that immunization would endanger the child's
life or health; or
(2) a written statement signed by a parent or guardian that the parent
or guardian is an adherent of a religious denomination whose teachings are
opposed to immunizations.
Sec. 56. K.S.A. 65-512 is hereby amended to read as follows: 65-512.
(a) It is hereby made the duty of the secretary of health and environment to
inspect or cause to be inspected at least once every 15 months prior to July
1, 2012, and once every 12 months thereafter, every maternity center or
child care facility, unless otherwise provided in subsections (b) and (c).
For the purpose of inspection , the secretary or the secretary's authorized
agent, as an employee of the secretary or who has a contract with the
secretary to provide inspections pursuant to K.S.A. 65-501 et seq. and who
holds a certificate issued pursuant to subsection (c), shall have the right of
entry and access thereto in to every department and to every place in the
premises, shall to call for and examine the records which that are required
to be kept by the provisions of this act and shall to make and preserve a
record of every inspection. The licensee shall give all reasonable
information to the authorized agent of the secretary of health and
environment and shall afford every reasonable facility for viewing the
premises and seeing the patients or children therein. No such patient or
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child, without the consent of the patient or child , shall be required to be
interviewed by any agent unless the agent is an authorized person or a
licensed physician.
(b) (1) On or after the effective date of this act, the secretary of health
and environment shall commence the inspection of registered family day
care homes pursuant to K.S.A. 65-533, and amendments thereto.
(2) The secretary of health and environment shall conduct an
inspection of any child care facility upon receiving a complaint. Any new
child care facility shall be inspected prior to issuance of a license. The
secretary may conduct an inspection of any child care facility that has a
record of repeated complaints or serious violations at any time. Every 12
months, the secretary shall inspect any child care facility that provides
services to military families receiving military assistance for child care
every 12 months.
(c) (1) Except as provided in subsection (b)(2), the following
categories of child care facilities which were in compliance on the
effective date of this act are not required to be inspected until July 1, 2011:
Day care homes, as defined in K.A.R. 28-4-113; group day care homes, as
defined in K.A.R. 28-4-113; child care centers, as defined in K.A.R. 28-4-
420; preschools, as defined in K.A.R. 28-4-420; school-age programs, as
defined in K.A.R. 28-4-576; and drop-in programs, as defined in K.A.R.
28-4-700.The secretary shall create a surveyor certification and provide a
minimum of yearly continuing education to qualify for such certification.
(2) If a surveyor fails to comply with the certification requirements
established by the secretary as provided in paragraph (1), the secretary
may require such surveyor to complete an improvement plan.
(3) If such surveyor does not satisfactorily complete the improvement
plan, the secretary may terminate such surveyor's current certification.
(d) Persons conducting inspections and surveys pursuant to K.S.A.
65-501 et seq., and amendments thereto, shall hold a certification issued
by the secretary.
Sec. 57. On and after July 1, 2026, K.S.A. 2024 Supp. 65-516 is
hereby amended to read as follows: 65-516. (a) No person shall knowingly
maintain a child care facility if an employee who, in this state or in other
states or the federal government:
(1) (A) Has been convicted of a crime that is classified as a person
felony under the Kansas criminal code;
(B) has been convicted of a felony under K.S.A. 2010 Supp. 21-
36a01 through 21-36a17, prior to their transfer, or article 57 of chapter 21
of the Kansas Statutes Annotated, and amendments thereto, or any felony
violation of any provision of the uniform controlled substances act prior to
July 1, 2009;
(C) has been convicted of any act that is described in articles 34, 35
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or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal,
or article 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, and
amendments thereto, or K.S.A. 21-6104, 21-6325, 21-6326, 21-6418
through 21-6422 or 21-6424, and amendments thereto, or been convicted
of an attempt under K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-5301,
and amendments thereto, to commit any such act or been convicted of
conspiracy under K.S.A. 21-3302, prior to its repeal, or K.S.A. 21-5302,
and amendments thereto, to commit such act, or similar statutes of any
other state or the federal government;
(D) has been convicted of any act that is described in K.S.A. 21-4301
or 21-4301a, prior to their repeal, or K.S.A. 21-6401, and amendments
thereto, or similar statutes of any other state or the federal government; or
(E) has been convicted of any act that is described in K.S.A. 21-3718
or 21-3719, prior to their repeal, or K.S.A. 21-5812, and amendments
thereto, or similar statutes of any other state or the federal government;
(2) except as provided in subsection (b), has been adjudicated a
juvenile offender because of having committed an act that if done by an
adult would constitute the commission of a felony and that is a crime
against persons, is any act described in articles 34, 35 or 36 of chapter 21
of the Kansas Statutes Annotated, prior to their repeal, or article 54, 55 or
56 of chapter 21 of the Kansas Statutes Annotated, and amendments
thereto, or K.S.A. 21-6104, 21-6325, 21-6326, 21-6418 through 21-6422
or 21-6424, and amendments thereto, or similar statutes of any other state
or the federal government, or is any act described in K.S.A. 21-4301 or 21-
4301a, prior to their repeal, or K.S.A. 21-6401, and amendments thereto,
or similar statutes of any other state or the federal government;
(3) has been convicted or adjudicated of a crime that requires
registration as a sex offender under the Kansas offender registration act,
K.S.A. 22-4901 et seq., and amendments thereto, as a sex offender in any
other state or as a sex offender on the national sex offender registry;
(4) has committed an act of physical, mental or emotional abuse or
neglect or sexual abuse and who is listed in the child abuse and neglect
registry maintained by the Kansas department for children and families
pursuant to K.S.A. 38-2226, and amendments thereto, or any similar child
abuse and neglect registries maintained by any other state or the federal
government and:
(A) The person has failed to successfully complete a corrective action
plan that had been deemed appropriate and approved by the Kansas
department for children and families or requirements of similar entities in
any other state or the federal government; or
(B) the record has not been expunged pursuant to rules and
regulations adopted by the secretary for children and families or similar
entities in any other state or the federal government;
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(5) has had a child removed from home based on a court order
pursuant to K.S.A. 38-2251, and amendments thereto, in this state, or a
court order in any other state based upon a similar statute that finds the
child to be deprived or a child in need of care based on a finding of
physical, mental or emotional abuse or neglect or sexual abuse and the
child has not been returned to the home or the child reaches majority
before being returned to the home and the person has failed to
satisfactorily complete a corrective action plan approved by the
department of health and environment;
(6) has had parental rights terminated pursuant to the Kansas juvenile
code or K.S.A. 38-2266 through 38-2270, and amendments thereto, or a
similar statute of other states;
(7) has signed a diversion agreement pursuant to K.S.A. 22-2906 et
seq., and amendments thereto, or an immediate intervention agreement
pursuant to K.S.A. 38-2346, and amendments thereto, involving a charge
of child abuse or a sexual offense; or
(8) has an infectious or contagious disease.
(b) If the secretary determines that there is no safety concern, the
secretary may license a family foster home, as defined in K.S.A. 38-134,
and amendments thereto, when a person who has been adjudicated as a
juvenile offender for an offense described in subsection (a)(2):
(1) Was a child in the custody of the secretary and placed with such
family foster home by the secretary;
(2) is 18 years of age or older;
(3) (A) maintains residence at such family foster home; or
(B) has been legally adopted by any person who resides at such
family foster home; and
(4) six months have passed since the date of adjudication.
(c) No person shall maintain a child care facility if such person has
been found to be a person in need of a guardian or a conservator, or both,
as provided in K.S.A. 59-3050 through 59-3095, and amendments thereto.
(d) Any person who resides in a child care facility and who has been
found to be in need of a guardian or a conservator, or both, shall be
counted in the total number of children allowed in care.
(e) In accordance with the provisions of this subsection, the secretary
of health and environment shall have access to any court orders or
adjudications of any court of record, any records of such orders or
adjudications, criminal history record information including, but not
limited to, diversion agreements, in the possession of the Kansas bureau of
investigation and any report of investigations as authorized by K.S.A. 38-
2226, and amendments thereto, in the possession of the Kansas department
for children and families or court of this state concerning employees in a
child care facility. The secretary shall have access to these records for the
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purpose of determining whether or not the home meets the requirements of
K.S.A. 59-2132, 65-503, 65-508 and 65-516, and amendments thereto.
(f) In accordance with the provisions of this subsection, the secretary
is authorized to conduct national criminal history record checks to
determine criminal history on employees in a child care facility. In order to
conduct a national criminal history check the secretary shall require
fingerprinting for identification and determination of criminal history in
accordance with K.S.A. 2024 Supp. 22-4714, and amendments thereto.
(g) (1) The secretary shall adopt rules and regulations on or before
January 1, 2019, to fix a fee for fingerprinting persons residing, working or
regularly volunteering employees in a child care facility, as may be
required by the department to reimburse the department for the cost of the
fingerprinting.
(2) The secretary shall remit all moneys received from the fees
established under this section to the state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
each such remittance, the state treasurer shall deposit the entire amount in
the state treasury to the credit of the child care criminal background and
fingerprinting fund.
(i)(h) The child care criminal background and fingerprinting fund is
hereby created in the state treasury to be administered by the secretary of
health and environment. All moneys credited to the child care criminal
background and fingerprinting fund shall be used to pay local and state
law enforcement officers and agencies for the processing of fingerprints
and criminal history background checks for the department. All
expenditures from the child care criminal background and fingerprinting
fund shall be made in accordance with appropriation acts upon warrants of
the director of accounts and reports issued pursuant to vouchers approved
by the secretary or by a person designated by the secretary.
(j)(i) The secretary shall notify the child care applicant or licensee,
within seven days by certified mail with return receipt requested, when the
result of the national criminal history record check or other appropriate
review reveals unfitness specified in subsections (a)(1) through (8) with
regard to the person who is the subject of the review.
(k)(j) No child care facility or the employees thereof, shall be liable
for civil damages to any person refused employment or discharged from
employment by reason of such facility's or home's compliance with the
provisions of this section if such home acts in good faith to comply with
this section.
(l)(k) For the purpose of subsection (a)(3), a person listed in the child
abuse and neglect central registry shall not be prohibited from residing,
working or volunteering in a child care facility unless such person has:
(1) Had an opportunity to be interviewed and present information
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during the investigation of the alleged act of abuse or neglect; and
(2) been given notice of the agency decision and an opportunity to
appeal such decision to the secretary and to the courts pursuant to the
Kansas judicial review act.
(m)(l) In regard to Kansas issued criminal history records:
(1) The secretary of health and environment shall provide in writing
information available to the secretary to each child placement agency
requesting information under this section, including the information
provided by the Kansas bureau of investigation pursuant to this section, for
the purpose of assessing the fitness of persons living, working or regularly
volunteering in a family foster home under the child placement agency's
sponsorship.
(2) The child placement agency is considered to be a governmental
entity and the designee of the secretary of health and environment for the
purposes of obtaining, using and disseminating information obtained under
this section.
(3) The information shall be provided to the child placement agency
regardless of whether the information discloses that the subject of the
request has been convicted of any offense.
(4) Whenever the information available to the secretary reveals that
the subject of the request has no criminal history on record, the secretary
shall provide notice thereof in writing to each child placement agency
requesting information under this section.
(5) Any staff person of a child placement agency who receives
information under this subsection shall keep such information confidential,
except that the staff person may disclose such information on a need-to-
know basis to:
(A) The person who is the subject of the request for information;
(B) the applicant or operator of the family foster home in which the
person lives, works or regularly volunteers;
(C) the department of health and environment;
(D) the Kansas department for children and families;
(E) the department of corrections; and
(F) the courts.
(6) A violation of the provisions of paragraph (5) shall be an
unclassified misdemeanor punishable by a fine of $100 for each violation.
(n) No person shall maintain a day care facility unless such person is
a high school graduate or the equivalent thereof, except where
extraordinary circumstances exist, the secretary of health and environment
may exercise discretion to make exceptions to this requirement. The
provisions of this subsection shall not apply to any person who was
maintaining a day care facility on the day immediately prior to July 1,
2010, or who had an application for an initial license or the renewal of an
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existing license pending on July 1, 2010.
Sec. 58. K.S.A. 65-527 is hereby amended to read as follows: 65-527.
(a) As used in this section:
(1) "Drop-in program" means a child care facility that is not located
in an individual's residence, that serves exclusively school-age children
and youth and where the operator permits children and youth to arrive at
and depart from the program at the child or youth's own volition at
unscheduled times."Child" means an individual who is enrolled or
attending kindergarten, is less than 18 years of age, or is 18 years of age
and has an individualized program plan, is not a volunteer or employee
and is attending a youth development program.
(2) "Individualized program plan" means a written goal-oriented
plan of specialized services for each child with special needs or for each
juvenile offender attending a day reporting program.
(3) "Premises" means the location, including the building and
adjoining grounds, for which the applicant has a temporary permit or
license to conduct a youth development program.
(2)(4) "Public recreation center" means any building used by a
political or taxing subdivision of this state, or by an agency of such
subdivision, for recreation programs that serve children who are less than
18 years of age.
(3)(5) "School" means any building used for instruction of students
enrolled in kindergarten or any of the grades one through 12 by a school
district or an accredited nonpublic school.
(4)(6) "School-age program" means a child care facility that serves
exclusively school-age children and youth but does not include a drop-in
youth development program.
(7) "Youth development program" means a child care facility where
youth activities are conducted that is not located in an individual's
residence and that serves children who are enrolled in kindergarten to less
than 18 years of age.
(b) No license for a drop-in youth development program or school-age
program shall be denied, suspended or revoked on the basis that the
building does not meet the requirements for licensure if the building:
(1) Is a public recreation center or school and is used by school-age
children and youth that are of the same age as children and youth who are
cared for in the drop-in a youth development program or school-age
program;
(2) complies, during all hours of operation of the drop-in a youth
development program or school-age program, with the Kansas fire
prevention code or a building code that is by law deemed to comply with
the Kansas fire prevention code; and
(3) complies, except as provided in subsection (c), during all hours of
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operation of the drop-in a youth development program or school-age
program, with all local building code provisions that apply to recreation
centers, if the building is a public recreation center , or to schools, if the
building is a school.
(c) If the standards that a building is required to comply with
pursuant to subsections (b)(2) and (b)(3) conflict or are otherwise
inconsistent, then the standards provided by subsection (b)(2) shall control.
(d) No license for a drop-in youth development program or school-age
program that operates in accordance with subsection (b)(1) shall be denied,
suspended or revoked based on an environmental deficiency and shall be
approved or renewed if:
(1) The environmental deficiency does not pose an imminent risk to
children and youth;
(2) the environmental deficiency is outside the applicant's or
licensee's immediate authority to correct; and
(3) the applicant or licensee has notified the public recreation center
or school of the environmental deficiency.
(e) Whenever drop-in program or words of like effect, are referred to
or designated by any statute, rule or regulation, contract or any other
document, such reference or designation shall apply to a youth
development program.
(f) This section shall expire on June 30, 2026.
Sec. 59. On and after July 1, 2026, K.S.A. 65-531 is hereby amended
to read as follows: 65-531. On and after July 1, 1996: (a) Except as
provided further, information and records which that pertain to the
immunization status of persons against childhood diseases as required by
K.S.A. 65-508, and amendments thereto, may be disclosed and exchanged
without a parent or guardian's written release authorizing such disclosure,
to the following, who need to know such information to assure compliance
with state statutes or to achieve age appropriate age-appropriate
immunization status for children:
(1) Employees of public agencies or departments;
(2) health records staff of child care facilities, including, but not
limited to, facilities licensed by the secretary of health and environment;
(3) persons other than public employees who are entrusted with the
regular care of those under the care and custody of a state agency,
including, but not limited to, operators of day care facilities, group homes,
residential care facilities and adoptive or foster homes; and
(4) health carehealthcare professionals.
(b) Notwithstanding K.S.A. 60-427, and amendments thereto, or any
other Kansas statute which that provides for privileged information
between a patient and a health care healthcare provider, there shall be no
privilege preventing the furnishing of information and records as
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authorized by this section by any health care healthcare provider.
(c) Information and records which that pertain to the immunization
status of persons against childhood diseases as required by K.S.A. 65-508,
and amendments thereto, whose parent or guardian has submitted a written
statement of religious objection to immunization as provided in K.S.A. 65-
508, and amendments thereto, may not be disclosed or exchanged without
a parent or guardian's written release authorizing such disclosure.
Sec. 60. On and after July 1, 2026, K.S.A. 72-4161 is hereby
amended to read as follows: 72-4161. As used in this act:
(a) "Board" means the board of education of any school district.
(b) "Executive director" means the executive director of the Kansas
office of early childhood.
(c) "Infant" and "toddler" means any child under the age of eligibility
for school attendance.
(d) "Parent education program" means a program developed and
operated by a board for the purpose of providing expectant parents and
parents of infants or toddlers or both with information, advice, assistance,
resource materials, guidance and learning experiences regarding such
measures as parenting skills and the various styles of parenting, the
processes and principles of growth and development of children, home
learning activities designed for infants and toddlers, techniques
emphasizing a positive approach to discipline, effective methods of
communicating and interacting with children so as to foster the
development of self-esteem, strategies for structuring behavioral limits
and increasing mutual positive regard, and other elements of effective
parenting that are conducive to the structuring of a home environment in
which children are encouraged to be successful and productive learners.
(e) "School district" means any public school district organized and
operating under the laws of this state.
(c) "Parent education program" means a program developed and
operated by a board for the purpose of providing expectant parents and
parents of infants or toddlers or both with information, advice, assistance,
resource materials, guidance and learning experiences regarding such
measures as parenting skills and the various styles of parenting, the
processes and principles of growth and development of children, home
learning activities designed for infants and toddlers, techniques
emphasizing a positive approach to discipline, effective methods of
communicating and interacting with children so as to foster the
development of self-esteem, strategies for structuring behavioral limits and
increasing mutual positive regard, and other elements of effective
parenting that are conducive to the structuring of a home environment in
which children are encouraged to be successful and productive learners.
(d) "Infant" and "toddler" means any child under the age of eligibility
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for school attendance.
(e) "State board" means the state board of education.
Sec. 61. On and after July 1, 2026, K.S.A. 72-4162 is hereby
amended to read as follows: 72-4162. (a) The board of every school
district may:
(1) Develop and operate a parent education program;
(2) enter into cooperative or interlocal agreements with one or more
other boards for the development and operation of a parent education
program;
(3) contract with private, nonprofit corporations or associations or
with any public or private agency or institution, whether located within or
outside the state, for the provision of services which that are appropriate to
a parent education program; and
(4) apply for a grant of state moneys to supplement amounts
expended by the school district for development and operation of a parent
education program.
(b) In order to be eligible to receive a grant of state moneys for the
development and operation of a parent education program, a board shall
submit to the state board executive director an application for a grant and a
description of the program. The application and description shall be
prepared in such form and manner as the state board executive director
shall require and shall be submitted at a time to be determined and
specified by the state board executive director. Approval by the state board
executive director of the program and the application is prerequisite to the
award of a grant.
(c) Each board which that is awarded a grant under this act shall
make such periodic and special reports of statistical and financial
information to the state board executive director as it the executive director
may request.
Sec. 62. On and after July 1, 2026, K.S.A. 72-4163 is hereby
amended to read as follows: 72-4163. (a) The state board executive
director, shall adopt rules and regulations for the administration of this act
and shall:
(1) Establish standards and criteria for reviewing, evaluating and
approving parent education programs and applications of school districts
for grants;
(2) conduct a needs-assessment survey of school districts applying for
grants;
(3) evaluate and approve parent education programs;
(4) establish priorities in accordance with the findings of the needs-
assessment survey for the award of grants to school districts and for
determination of the amount of such grants;
(5) be responsible for awarding grants to school districts; and
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(6) request of and receive from each school district which that is
awarded a grant for development and operation of a parent education
program reports containing information with regard to the effectiveness of
the program.
(b) In evaluating and approving parent education programs for the
award of grants to school districts, the state board executive director shall
consider:
(1) Prior experiences of school districts in the development and
operation of parent education programs;
(2) level of effort exhibited by school districts in the development and
operation of parent education programs;
(3) the amounts budgeted by school districts for the development and
operation of parent education programs; and
(4) the potential effectiveness of the parent education programs for
which applications for the grant of state moneys are made.
Sec. 63. On and after July 1, 2026, K.S.A. 72-4164 is hereby
amended to read as follows: 72-4164. (a) (1) In the 1990-91 school year, to
the extent that appropriations are available therefor, and on the basis of
established priorities, the state board shall select for the award of grants of
state moneys those school districts, not to exceed 100 school districts,
which the state board determines to be most capable of developing and
operating successful parent education programs.
(2) In the 1991-92 school year, to the extent that appropriations are
available therefor, and on the basis of established priorities, the state board
shall select for the award of grants of state moneys those school districts,
not to exceed 200 school districts, which the state board determines to be
most capable of developing and operating successful parent education
programs.
(3) In the 1992-93 school year and in each school year thereafter, to
the extent that appropriations are available therefor, each school district
which that has developed and is operating an approved parent education
program shall be eligible to receive a grant of state moneys.
(b) The amount of a grant awarded to a school district shall be
determined by the state board executive director in accordance with
established priorities, but in no event shall such amount exceed the amount
of actual expenses incurred by the school district in the development and
operation of a program. If the amount of appropriations for parent
education programs is insufficient to pay in full the amount that each
school district is determined to be eligible to receive, the state board
executive director shall prorate the amount appropriated among all school
districts in proportion to the amount that each such school district is
determined to be eligible to receive.
Sec. 64. On and after July 1, 2026, K.S.A. 72-4166 is hereby
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amended to read as follows: 72-4166. The state board executive director, in
cooperation with the Kansas department for children and families, the state
department of health and environment, and other appropriate associations
and organizations, may provide any board, upon its request therefor, with
technical advice and assistance regarding the development and operation
of a parent education program or an application for a grant of state
moneys, and may make studies and gather and disseminate information
regarding materials, resources, procedures and personnel which that are or
may become available to assist school districts in the development and
operation of parent education programs.
Sec. 65. K.S.A. 38-1901, 38-2103, 65-505, 65-508, 65-512, 65-527
and K.S.A. 2024 Supp. 48-3406 and 65-503 are hereby repealed.
Sec. 66. On and after July 1, 2026, section 1, as enacted by this act,
section 3, as enacted by this act, section 5, as enacted by this act, section 7,
as enacted by this act, section 9, as enacted by this act, section 11, as
enacted by this act, section 13, as enacted by this act, section 15, as
enacted by this act, 65-504, 65-508, as amended by section 54 of this act,
65-531, 72-4161, 72-4162, 72-4163, 72-4164 and 72-4166 and K.S.A.
2024 Supp. 65-503, as amended by section 50 of this act, and 65-516 are
hereby repealed.
Sec. 67. This act shall take effect and be in force from and after its
publication in the statute book.
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