Kansas committee hears wide-ranging childcare bill that would create Office of Early Childhood; providers warn 35-hour exemption risks unregulated care

A Kansas House Commerce Committee hearing on House Bill 22-94 reviewed a proposal to create a Kansas Office of Early Childhood that would consolidate more than 20 existing early-childhood programs, move licensing responsibilities out of KDHE and other agencies, and change training, square-footage and licensing rules for child-care providers.

Supporters, including Sen. Tory Marie Blue and a representative of the governor's office, told the committee the measure is intended to streamline state oversight and expand access to affordable child care. "This looks like a lot. It's 71 pages," Sen. Tory Marie Blue said, adding that the bill is intended to make it easier for providers and parents to navigate state rules.

The measure would establish an executive director for the new office (an appointment subject to Senate confirmation), begin transition after July 1, 2025, transfer programs and employees during a transition period that runs through July 1, 2026, and consolidate administration and oversight previously split across multiple agencies. Zach Vincent, director of governmental affairs and education policy in the governor's office, told the committee the office would employ roughly 80–85 full-time equivalents (one of which would be a newly created executive director) and oversee about $240 million in ongoing funds, most of it federal or from the state's tobacco settlement.

Why it matters: Supporters said consolidation will reduce duplication across agencies, improve consistency of inspections and professional development, and make it easier for families and employers to find and use services. "Our state's early childhood system is incredibly complex with a variety of state agencies engaging on various programs," Vincent said, arguing the bill would streamline licensure, expand workforce pathways and allow pilot licensure categories to increase slots.

Major provisions discussed

- Office creation and timeline: Section 17 of the bill would establish the Kansas Office of Early Childhood, start transition operations after 07/01/2025, require a governor-appointed executive director during transition by 01/01/2026, and place all programs under the executive director by 07/01/2026.

- Transfers and staffing: The bill authorizes transfer of employees, benefits and budgets from existing agencies to the new office; proponents described the transfers as standard for executive reorganization and said only one net new FTE (the executive director) is expected.

- Licensing and definitions: The bill moves many licensing duties from KDHE to the new office, updates definitions (for example renaming some "drop-in" programs as "youth development programs"), and codifies training and credential pathways for program directors, lead teachers and assistant teachers.

- Pilot programs and regulatory waivers: A pilot-authority section would allow new licensure categories or alternative rules to be tested for up to five years, with an option of two additional years if a pilot is successful. The bill also gives the executive director authority to grant time-limited waivers of certain statutory requirements.

- Facility requirements: The bill would place minimum indoor square-footage per child at 28 square feet (reduced from a larger figure currently in regulation) and outdoor space at 60 square feet per child, and would require centers to meet local fire, water and sewage requirements.

Points of contention

A central flashpoint at the hearing was proposed language that would exclude from the statutory definition of a licensed daycare facility individuals who provide care fewer than 35 hours per week to up to four unrelated children (or up to two infants). Several witnesses warned that the change could legalize significant amounts of unregulated care.

Tiffany Mannes, a family child-care provider and vice president of the Kansas Child Care Coalition, said current regulation limits unlicensed care in a way that protects children and that the bill's 35-hour threshold would expand unregulated full-time care. "If this bill passes as written, children will die," Mannes said, arguing the change would allow providers with no licensing-related inspections, training or background checks to care for children in private homes.

Kansas Action for Children, while supporting the office creation, expressed reservations about the 35-hour definition and urged the committee to reduce either the number of hours per week allowed without licensing or the number of children in that category.

Training hours and professional development also drew debate. Several witnesses noted that KDHE had recently reduced annual professional development hours from 16 to 12; the current bill's language contemplates a 10-hour requirement in some places, prompting requests from child-care advocates to consider a compromise level (for example 12 hours).

Other stakeholder points

- Providers and business groups — including the Wichita Regional Chamber of Commerce, the Kansas Chamber of Commerce and the YMCA state alliance — supported consolidation as a way to reduce administrative costs for providers and lessen workforce barriers for parents. Jason Watkins of the Wichita Regional Chamber said employer surveys show lack of affordable child care is a major workforce barrier.

- Nonprofits such as Child Care Aware of Kansas and United We supported the creation of a single office and noted prior governance work (for example the 2019 Preschool Development Grant efforts) that they say helps position Kansas for consolidation.

- Youth-serving organizations (Boys & Girls Clubs, YMCA) supported renaming "drop-in" programs to "youth development programs" and requested amendments to avoid duplicative local fire inspections for school-based programs.

Budget and governance questions

Proponents said the bill does not create a large new state program but reorganizes existing functions and funds. Vincent said the office would not propose program expansions and that the state share of spending would largely reflect existing appropriations and federal dollars. The bill proposes the executive director be appointed by the governor and confirmed by the Senate; proponents characterized the new office as a non-cabinet entity that would not directly report to the governor in the way cabinet agencies do, though the director would "serve at the pleasure of the governor." Committee members asked whether consolidation would produce near-term staffing or dollar savings; proponents said staff transfers and attrition would be tools to realize longer-term efficiencies but that transitioned programs and associated FTEs would largely move into the new office.

Process and next steps

Committee members and proponents repeatedly emphasized the bill is a negotiated compromise product. Several proponents noted the conference committee process contributed language that some stakeholders found surprising and asked lawmakers to consider technical fixes. No committee vote was recorded at the hearing; the committee closed the hearing after taking oral and written proponent and opponent testimony.

The hearing record

Witnesses who gave proponent testimony included Sen. Tory Marie Blue; Zach Vincent (director of governmental affairs and education policy, governor's office); representatives of the Wichita Regional Chamber of Commerce, Kansas Chamber of Commerce, Child Care Aware of Kansas, Kansas Action for Children, United We, Kansas Alliance of Boys & Girls Clubs, the Kansas State Alliance of YMCAs and the Johnson County Board of Commissioners (written testimony). Tiffany Mannes testified in opposition on behalf of family child-care providers. Several committee members asked technical questions about transition timelines, budget treatment and regulatory detail.

No formal committee action was taken at the hearing; the committee posted written testimony from more than a dozen organizations in its materials and closed the hearing on HB 22-94.