House Committee on Commerce, Labor and Economic Development
(Rep. Sean Tarwater, Chair)
On Tuesday, Feb. 25, the Committee held an informational hearing related to child care and heard from representatives of Kansas Action for Children, Kansas Child Care Training Opportunities (KCCTO), KDHE, Kansas Head Start Association and Kansas Children’s Cabinet & Trust Fund. The presentations focused on training and technical assistance made available to child care providers, findings from a workforce study that focused on the level of education for providers (including their interest in additional training), the regulatory requirements for establishing in-home child care, child care wages and benefits, and staff turnover; the benefits of home visiting and Head Start, including healthy babies, early learning and support for families; the functions, responsibilities and goals of the state’s Child Care Licensing (CCL) Program; the features and goals of the Child Care and Development Fund program, including providing assistance to low-income families in obtaining child care to work or attend training or education; the need for a unified system of early childhood governance; and how federal funds provided for child care during the pandemic were spent.
Committee members asked questions regarding whether the workforce survey was completed by private day care providers or group day care providers (KCCTO representative stated survey data was from day care centers and family child care providers); whether private day care providers are more concerned about the difficulty of complying with licensing regulations (among the 6,000 responses to the survey, respondents generally stated that regulations were not the biggest barrier for them); where the potential workforce is coming from (KCCTO has an Early Childhood pathway in high schools across the state that gives students experience working with young children and also provides health and safety training to those students); how many child care licenses are revoked each year (KDHE representative stated he did not have that information but estimated it was in the single digits because they work with providers to address any regulatory issues); if there is data regarding child care need compared to capacity (Child Care Aware of Kansas produces a supply and demand report which compares KDHE’s licensed slots and compares that to demand by county); and the age when Early Head Start begins (Kansas Head Start representative stated Early Head Start enrolls and serves pregnant women and families with infants and toddlers, but programs are designed to meet the specific needs of communities).
On Thursday, Feb. 27, the Committee held a hearing on HB 2294, which would establish the Kansas Office of Early Childhood within the Executive Branch. The office would be administered under the direction and supervision of the Executive Director of Early Childhood. The Director would be appointed by the Governor, subject to confirmation by the Senate. Existing early childhood programs currently housed within DCF, the Kansas State Department of Education (KSDE), Kansas Children’s Cabinet and Trust Fund and KDHE would be transferred to the new agency, which would include the Division of Child Care, the Division of Home Visitation, the Division of Head Start Collaboration and the Children’s Cabinet. All duties, responsibilities, requirements and powers of the agency and the Director would be provided for in the bill and new funds would be created for agency operations. An interagency transition team would be appointed by the Governor on or after July 1, 2025, with the full transition to the consolidated agency to be completed by July 1, 2026. The bill also would extensively amend current child care statutes and requirements for child care homes and centers, including changes to required staff and provider qualifications and training, licensing and data system requirements, and facility requirements. The development and operation of pilot programs designed to increase the availability or capacity of child care facilities in the state would be authorized by the Secretary of KDHE and after July 1, 2026, by the Executive Director of Early Childhood. The bill also would update regulations for youth development programs and school-age programs.
Proponent testimony was provided by Zach Vincent, Director for Government Affairs – Education Policy in the Office of the Governor, Sen. Tory Marie Blew and representatives of UnitedWE, the Kansas Chamber, Wichita Regional Chamber of Commerce, Boys & Girls Club Kansas Alliance, Kansas State Alliance of YMCAs, Kansas Action for Children and ChildCare Aware of Kansas. Written-only proponent testimony was submitted by Sen. Pat Pettey, DCF Secretary Laura Howard, KDHE Secretary Janet Stanek, Rep. Laura Williams and one private citizen, and representatives of KDHE, the Kansas Children’s Cabinet and Trust Fund, Salina Chamber of Commerce, AdventHealth, Kansas Children’s Service League, LeadingAge Kansas, Aligned, Kansas Chapter of the American Academy of Pediatrics, Top Early Learning Centers, Overland Park Chamber of Commerce, Johnson County Board of County Commissioners, Kansas City Kansas Chamber of Commerce, The Family Conservancy and the United Methodist Health Ministry Fund. Proponents generally stated that reform and consolidation of the various child care agencies is a step toward improving access to child care and affordability, which is a major issue for the business community and everyday Kansans. Some proponents also encouraged the Committee to consider amendments to the bill related to child care licensing, the definition of “child care facility” and a reduction in the number of required professional development hours. Chair Tarwater noted that the bill being considered was a compromise product according to the parties that were involved last year, and there is no further negotiation on the bill.
Opponent testimony was provided by a private citizen, and written-only opponent testimony was submitted by a private citizen, who argued that definitions in the bill would “allow full-time unregulated care,” a lack of “competent supervision” and compromise the quality of care. Written-only neutral testimony was submitted by representatives of M.E.T.L., Thrive Allen County/Thrive Kansas, and the Kansas Children’s Service League, who expressed support for consolidating and streamlining the delivery of child care services and the need for a unified place for early childhood providers to collaborate, but also expressed concerns regarding the provisions of the bill that impact training requirements and other child care policies.
Committee members asked questions regarding how the bill differs from 2024 legislation that passed the House on a vote of 110‒10 but was not acted upon by the Senate (representative of Office of Revisor of Statutes said this bill includes a reference to youth development centers that replaces references to drop-in centers, does not include a tax credit provision, and includes a new section that transfers employees and their benefits from existing agencies to the new agency); how many FTEs will be transferred to the new agency and how many new FTEs are anticipated (representative of the Kansas Children’s Cabinet and Trust Fund stated that current FTEs of the separate agencies will be transferred and the only new FTE would be the new executive director); why there wouldn’t be efficiencies created by the consolidation (Children’s Cabinet representative stated transition team needs time to bring everything together before it can identify potential efficiencies, which are expected); who does the new executive director report to (Vincent stated this will be a non-cabinet agency and would not report directly to the Governor, and Tarwater stated that the position serves at the will of the Governor and could be replaced if their performance was unsatisfactory); which budget would the agency fall under (Office of Revisor stated they would be requesting their own budget but they will follow-up to confirm this); and the cost for the pilot program provided for in the bill (Vincent stated no fiscal cost is expected because the pilot is just associated with new licensure categories to fill a gap in the standards for family home providers). The Committee took no action on the bill following the close of the hearing.