A JOINT RESOLUTION directing the Auditor of Public Accounts to study the applicable statutes, administrative regulations, and agency policies and processes that directly impact the opening and operation of licensed and certified child care services in the Commonwealth.

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A JOINT RESOLUTION directing the Auditor of Public Accounts to study the 1
applicable statutes, administrative regulations, and a gency policies and processes that 2
directly impact the opening and operation of licensed and certified child care services in 3
the Commonwealth. 4
WHEREAS, recent research demonstrates that access to licensed and certified child 5
care services is necessary to support workforce participation in the Commonwealth; and 6
WHEREAS, recent research demonstrates that many Kentucky communities face 7
challenges in ensuring access to child care services for working families; and 8
WHEREAS, the Kentucky General Assembly has iden tified the need to create a 9
consensus-driven process to ease regulatory burdens on current and future child care 10
providers while ensuring the safety of children and quality child care and early childhood 11
education services in the Commonwealth; 12
NOW, THEREFORE, 13
Be it resolved by the General Assembly of the Commonwealth of Kentucky: 14
Section 1. (1) The Auditor of Public Accounts shall contract with a 15
qualified and independent third party to conduct a comprehensive study of applicable 16
statutes, administrative regulations, and agency policies and processes that directly 17
impact the opening and operation of licensed and certified child care services in the 18
Commonwealth. The Auditor of Public Accounts shall submit a final report and 19
recommendations to reform, streamline, and modernize or maintain existing statutes, 20
administrative regulations, and agency policies and processes governing the licensing and 21
certification of child care programs to the Legislative Research Commission by 22
December 1, 2027, for referral to the Interim Joint Committee on Families and Children. 23
(2) Key elements of the study shall include but not be limited to: 24
(a) An evaluation of existing Kentucky statutes, administrative regulations, and 25
agency policies and processes governing the licensing and certification of child care 26
programs to identify statutory, regulatory, and administrative barriers to starting and 27
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operating licensed and certified child care services; 1
(b) A comparison of Kentucky’s statutes, administrative regulations, and agency 2
policies and processes governing the licensing and certification of child care programs to 3
those in peer states and to the reco mmendations and guidelines of the most recent edition 4
of Caring for our Children: National Health and Safety Performance Standards; 5
Guidelines for Early Care and Education Programs; 6
(c) A detailed analysis of how federal laws impact state statutes, adminis trative 7
regulations, and agency policies and processes governing the licensing and certification 8
of child care programs; 9
(d) An identification of instances where existing statutes, administrative 10
regulations, and agency policies and processes governing the licensing and certification 11
of child care programs are duplicative, confusing, excessive, or ineffective; 12
(e) Surveys and focus groups of key stakeholders, including but not limited to the 13
Kentucky Child Care Advisory Council, licensed and certified child care providers, early 14
childhood educators employed in licensed and certified child care programs, executive 15
branch officials involved in regulating licensed and certified child care providers, 16
representatives from local child care resource and referral ag encies, public policy experts 17
with expertise in child care issues, legal professionals with expertise in child care issues, 18
experts in issues related to child welfare and child abuse prevention, pediatric care 19
professionals, small business coaching service s, parents of young children, advocates for 20
individuals with special needs, early childhood education professionals at colleges and 21
universities based in Kentucky, and Kentucky employers; 22
(f) Recommendations for licensed and certified child care sectors to make greater 23
use of the General Regulatory Sandbox Program established in KRS 15.268; and 24
(g) Recommendations for administrative regulations to allow for outdoor, nature -25
based early learning and child care programs. 26
(3) The study shall include surveys and focus groups on existing statutes, 27
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administrative regulations, and agency policies and processes governing the licensing and 1
certification of child care programs from nonlicensed and noncertified child care 2
providers. In addition, the study shall gather quantitative and qualitative data from a wide 3
range of licensed and certified child care providers, including providers operating in 4
different regions of the state, having different ratings under the Kentucky All STARS 5
program, providing faith-based and nonfaith-based programing, serving various numbers 6
of children, and serving children from families of various income levels. In gathering 7
data, the study shall guarantee anonymity to participating stakeholders to the greatest 8
extent possible. 9
(4) The study shall exclude from the scope of review analysis of child -to-teacher 10
ratios and maximum group sizes. 11
(5) In addition to the key study elements listed in subsection (2) of this section, 12
the study shall include an analysis of local regulatory barriers to child care services and 13
shall recommend best practices for local governments to utilize when evaluating local 14
ordinances, regulations, and zoning and land -use rules pertaining to the availability of 15
child care services in local communities in alignment with the Certified Child Care 16
Community Designation Program established in KRS 199.891. These recommendations 17
and best practices shall focus on balancing health and safety with increasing the supply of 18
child care services and easing local regulatory barriers, and s hall include but not be 19
limited to the following topics: 20
(a) Local land-use policies and zoning ordinances related to child care services, 21
including but not limited to: 22
1. Recommendations for definitions for terms such as "child care," "licensed 23
child-care center," "licensed family child -care center," "child -care microcenter," and 24
"certified family child-care home"; 25
2. Recommendations on where child care services should be permitted by right, 26
with special standards, and with conditional use permits; 27
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3. Recommendations for requirements for compliance with conditional use 1
permits and special standards; 2
4. Best practices for safely permitting child care services in or near industrial 3
areas; 4
5. Best practices for playgrounds associated with child care services; and 5
6. Recommendations for parking and drop -off and pick -up requirements, where 6
applicable; 7
(b) Policies pertaining to local permitting fees for starting and operating child 8
care services or any other type of local fee impacting child care services; and 9
(c) Policies related to other local ordinances and regulations that may pertain to 10
the availability of child care services in local communities. 11
(6) In recommending best practices for local governments, the study shall include 12
surveys and focus groups of var ious stakeholders, including local government officials 13
representing different types of communities and regions from around the state, planning 14
and design professionals, licensed and certified child care providers, representatives from 15
child care resource and referral agencies, public policy experts with expertise in child 16
care issues, legal professionals with expertise in child care issues, local law enforcement 17
professionals, local health departments, fire marshals, and employers. 18
(7) The qualified and in dependent third party under contract with the Auditor of 19
Public Accounts shall routinely consult and collaborate with the Kentucky Child Care 20
Advisory Council established in KRS 199.8983 during the course of its analysis and as it 21
develops recommendations for the final report. The qualified and independent third party 22
shall seek feedback from the council, shall provide quarterly updates to the council, and 23
shall submit a draft final report to the council for review by November 1, 2027. 24