EXECUTIVE ORDER 07-21

WHEREAS, over 7,000 family child care providers deliver an invaluable service to families by providing a quality learning environment for their children, often during non-traditional and flexible hours in order to accommodate the needs of working families; and

WHEREAS, the State of Kansas recognizes the importance of these services to its residents and the need to improve both the quality of care and the living and working conditions of the providers; and

WHEREAS, the State of Kansas, through the Department of Health and Environment (“KDHE”) and the Department of Social and Rehabilitation Services (“SRS”), sets the terms and conditions for the operation and maintenance of child care facilities which promote the “health, safety and welfare” of children by ensuring safe surroundings, healthful food and supervision and care of children by qualified persons, and SRS sets the terms and conditions through which family child care providers operate and through which they receive reimbursement for care provided to families who qualify for state child care assistance; and

WHEREAS, to ensure quality standards of care, it is in the public interest for Kansas to maintain a child care delivery system that encourages the recruitment and retention of quality family child care providers who are delivering those services; and

WHEREAS, American Federation of State, County and Municipal Employees (“AFSCME”)/Child Care Providers Together (“CCPT”) has been certified by an independent third party jointly appointed by authorized representatives of the KDHE, SRS and AFSCME/CCPT as the exclusive majority representative of all registered and licensed family child care providers.

NOW, THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, I hereby order:

1. The Secretary of KDHE and the Secretary of SRS, on behalf of the State of Kansas, shall recognize AFSCME/CCPT as the exclusive majority representative of all registered, licensed, and group family day care homes (hereafter referred to as “family child care providers”) and work in good faith with AFSCME/CCPT in developing a mutual written agreement regarding the following:
   
   
   1. Quality standards;
   2. Training, licensure and registration requirements;
   3. Reimbursement rates for subsidized care;
   4. Methods of payment for such reimbursement rates;
   5. Benefits;
   6. Health and safety conditions;
   7. The monitoring and evaluating of family child care providers;
   8. Fees; and
   9. Any other matters that would improve recruitment and retention of qualified family child care providers and the overall quality of child care programs in Kansas; and
2. When agreements are reached, both AFSCME/CCPT and the State will work jointly to see necessary legislative and/or regulatory action; and
3. Nothing in this Executive Order shall be construed to grant family child care providers status as state employees or agents of the state for any purpose.  Nothing in the Executive Order is intended to alter the existing relationship between family child care providers and the State of Kansas or in any way imply an employer-employee or principal-agent relationship; and
4. Nothing in this Executive Order shall be construed to interfere with parental rights to select and deselect family child care providers; and
5. Nothing in this Executive Order shall permit family child care providers collectively to engage in any strike or work action to secure any right or privilege from the State of Kansas or any of its agencies or political subdivisions; and
6. No action may be taken under this Executive Order that would derogate from the status, functions or authority of SRS in its capacity as lead agency pursuant to the State Plan for Child Care Development Services filed by the Secretary of SRS with the United States Secretary of Health and Human Services.

This document shall be filed with the Secretary of State as Executive Order No. 07-21 and shall become effective immediately.