Witness tells JCAR new budget-driven childcare rules threaten small providers

Steve Toogan, legislative counsel to the CEO Project, told the Joint Committee on Agency Rule Review on Tuesday that two recently filed rules implementing last‑minute changes in the state operating budget "materially threaten the economic viability of many Ohio childcare businesses." Toogan said his organization represents nearly 500 small childcare businesses and identified the rules in his testimony as "51 86 1 0 6 and 51 86 1 10."

The testimony came during the public comment period for agenda item 17, which concerns children and youth early care and education eligibility. Toogan asked that a testimonial packet his group submitted be preserved for the record; the chair confirmed that the documents are on members' iPads and will be available as public records.

The committee’s Deputy Director noted the rules are direct results of changes made in the state operating budget and that those changes were added late in the budget bill’s conference committee report, leaving little time for advance testimony. Toogan said the timing and substance of the changes denied affected providers an opportunity to be heard.

Committee members acknowledged the concerns but emphasized JCAR’s limited legal role. The chair summarized that JCAR is a nonpartisan oversight body and described its role as a "check and balance" between the executive and legislative branches, but said the committee’s authority does not extend to altering budget law.

Senator DiMauro said the committee would likely have scrutinized the rules more strictly if they had not originated in the budget statute, noting that one of JCAR’s "prongs" involves assessing how rules affect businesses. "We have enough problems with childcare in Ohio as it is," she said, and expressed hope that colleagues could work together to change the statutory approach.

Senator Craig thanked witnesses and agency staff and said he had discussed the matter with the agency’s policy person and that the committee would "be paying attention." No formal motion to disapprove or suspend the rules was made; the committee accepted the testimony into the record and indicated the appropriate remedy, if any, would likely be legislative rather than an administrative rule finding.

Administrative items at the meeting included the reading of the no‑change and regular agendas covering dozens of agency rule filings and a reminder that Senate Bill 9 reporting is due before the next meeting, scheduled for Tuesday, Oct. 28, 2025. Senator Craig moved to adjourn and, with no objection, the committee adjourned after about 13 minutes.