How to Start a Child Care Center or Preschool in Kansas: Office of Early Childhood License and Director Rules

If you want to learn how to start a child care center business in Kansas, begin with one fact: the licensing agency changed. Since July 1, 2026, child care centers and preschools are licensed by the Kansas Office of Early Childhood (OEC) under K.S.A. 75-7707 and following. They are no longer licensed by the Kansas Department of Health and Environment (KDHE). Many older guides, forms and phone trees still point to KDHE, so confirm the agency on every document you sign.

Disclaimer: This article is informational content, not legal or tax advice. Child care rules cover staffing, facilities and safety, and they change. Confirm current requirements with OEC, and talk to a Kansas attorney and a CPA before you sign a lease, hire staff or form an entity.

What You Need Before You Start

Gather these items before you file anything. Missing one usually stalls the process at the step where you can least afford it.

• A clear decision on program type: child care center or preschool (Step 1 explains the difference).
• Your proposed business name, checked against the Secretary of State's business search.
• A Kansas street address for your resident agent and registered office. A PO box will not work.
• A written program plan: ages served, capacity, days and hours, meal service, and a staffing schedule.
• A candidate site, with zoning confirmed in writing by the city or county before you commit.
• A roster of every person who will work or volunteer in the building, for background checks.
• Training records or enrollment plans for first aid, CPR, and health and safety training.
• A startup budget that covers filing fees, licensing fees, background check fees, insurance, facility work and several months of operating costs.

Step 1: Decide Whether You Are Running a Center or a Preschool

Kansas treats these two programs differently, and the label you choose on a business plan does not change how OEC classifies your schedule.

A child care center serves 13 or more children aged two weeks to 16 for more than three hours and less than 24 hours a day. A center can run a full day, offer meals and serve infants and school-age children.

A preschool serves children 30 months and older in sessions of up to three hours. No meal is served during a preschool session.

Write down your planned hours, ages and meal plan, then compare them against both definitions. A morning program that meets for two and a half hours fits the preschool definition. A program that serves lunch or runs past three hours usually falls under the center definition. Ask OEC to confirm the classification in writing for your exact schedule before you sign a lease, since the classification drives your staffing and space planning.

Step 2: Form Your Legal Entity With the Secretary of State

Kansas has no general statewide business license. Registering an entity with the Kansas Secretary of State is a filing, not a license. The Secretary of State's business services page is at sos.ks.gov/business/business.html.

For an LLC, you file Articles of Organization, Domestic (Kansas) Limited Liability Company (Form DL). For a corporation, you file Articles of Incorporation, Domestic (Kansas) Corporation (Form AI). The filing fee for each is $85. Online filing runs through the Secretary of State's Customer Login at the online filing portal, and online filings process within minutes.

Keep these rules in mind when you pick a name:

• Under K.S.A. 17-7920, an LLC name must contain L.L.C., L.C., LLC, LC, LIMITED LIABILITY COMPANY or LIMITED COMPANY.
• The name is checked against registered entities. If a similar name is in use, you must file a Consent to Use of Similar Business Name (Form CN) under K.S.A. 17-7918 with your formation document.
• You can reserve a name for 120 days for $35 using the name reservation form at the name reservation PDF.
• Kansas has no state-level DBA filing. If your center will operate under a name other than its legal name, check city and county requirements and consider a Secretary of State trademark or service mark registration to protect the name.

Every entity must name a resident agent, which is the Kansas term for a registered agent. The resident agent can be an individual, a business registered in Kansas, or the entity itself. The registered office must be a Kansas street address where the resident agent can be regularly present. Update the resident agent or registered office whenever your name or address changes.

Plan for the recurring filing too. Kansas uses a biennial Information Report, not an annual one. An LLC files Form ILC and a for-profit corporation files Form IFP. Each report costs $90 and is due every two years by April 15. Kansas has no franchise tax, and an LLC is a pass-through entity for state income tax, which means members report Kansas income on their individual returns.

Step 3: Register With the Kansas Department of Revenue

Register your business for the state taxes that apply to you through the Kansas Department of Revenue (KDOR) at ksrevenue.gov/business.html. Business tax registration with KDOR is free. If you will sell taxable items, obtain your sales tax permit through the KDOR registration page. The state sales tax rate is 6.5 percent. Ask KDOR whether any employer registration applies to your payroll.

Ask KDOR about the child care business tax credits expanded by SB 82 (2026). Check with the Kansas Department of Revenue to confirm whether your center qualifies, what the credit amount is and how to claim it. Do not budget around the credit until KDOR confirms it for your situation.

Step 4: Secure Zoning, Fire Marshal and Building Approvals

Kansas has 105 counties and 624 cities. Every incorporated place is legally a city, so you will deal with either a city or a county for zoning, depending on where the building sits. Get zoning approval in writing before you sign a lease. A site that cannot be used for child care will cost you the deposit and the design work.

You also need approval from the State Fire Marshal and from the local building authority. Ask OEC when each approval is needed in the licensing sequence, and schedule them early.

If you renovate, be aware that Kansas has no statewide general contractor, electrician, plumber or HVAC license. Cities and counties license those trades, so ask your city or county which trade licenses apply to your project.

If your site is in the Kansas City area, make sure you are in Kansas. Kansas City, Kansas and Kansas City, Missouri are different cities in different states. Only Kansas City, Missouri has a city earnings tax, so a site in Kansas City, Kansas is not subject to it.

Step 5: Apply for Your OEC License

Contact OEC at [email protected] to request the current application packet and to confirm the process for your program type. During the transition you can also call KDHE Child Care Licensing at 785-296-1270. Ask for the packet in writing, and log the name of every staff member you speak with.

Fees need careful confirmation because the rules changed in the middle of the transition:

• KDHE's page from before the move listed a fee of $75 plus $1 per child of capacity, both initial and annual. For a 60-child capacity, that is $135.
• K.S.A. 75-7710, effective July 1, 2026, sets no annual fee for a day care facility. Ask OEC what fee applies to you, both at initial licensing and for renewal, before you build your budget.

Your license is tied to the inspection cycle. OEC inspects child care facilities at least every 12 months, so plan staffing, records and maintenance as ongoing work, not a one-time event.

Step 6: Hire a Qualified Program Director and Staff

A qualified program director must be employed full time. This is not a role you can split with another job or leave to a part-time manager. Confirm the qualifications for the director role with OEC, then document them in the director's personnel file.

Each unit of your program needs qualified staff. Build your staffing plan by room or age group, not by the total headcount. Confirm the required staff ratios and qualifications for each age group with OEC, since the ratio you use in your budget should come from the current rules, not from memory or a neighboring state's guidance.

Every staff member must have first aid, CPR, and health and safety training. Schedule these courses before opening day and keep certificates in each employee file. Track expiration dates so no certificate lapses.

Step 7: Complete Background Checks for Everyone

OEC requires KBI criminal and child abuse checks on everyone who works or volunteers in your program. That includes owners, directors, teachers, aides, substitutes, cooks, drivers and regular volunteers. Run every check before that person has any contact with children.

KDHE has said the $48 background check fee resumed on January 1, 2026. Because the agency has changed, confirm with OEC how the fee is paid, who pays it and whether anything has changed since KDHE published that figure.

Step 8: Pass Inspection and Open Your Doors

Before opening, confirm that your zoning, Fire Marshal and building approvals are final, your director and staff are hired and trained, every background check is complete and your written policies are in place. Then schedule the licensing inspection with OEC. Walk the building yourself with a checklist before the inspector arrives, and fix anything you can fix before the visit.

After licensing, keep your records current. Track training expiration dates, background check dates, enrollment, attendance and any changes to your address or resident agent. Update the Secretary of State when your resident agent or registered office changes.

Step 9: Check Other Licenses for Your Services

Kansas licenses businesses by agency or trade, not through one general license. For a child care program, OEC is the primary license. If you plan food service beyond what OEC's rules cover, check with the Kansas Department of Agriculture (KDA) because it handles food licensing. If you sell products or services that need a separate state or city permit, ask each agency directly rather than assuming the child care license covers them.

Common Mistakes to Avoid

• Calling KDHE for the license. Child care licensing moved to OEC on July 1, 2026. Direct your application and questions to OEC, and use KDHE's Child Care Licensing line (785-296-1270) only for the transition.
• Signing a lease before zoning is confirmed. Get written zoning approval from the city or county first.
• Calling a program a preschool to avoid rules. The classification depends on ages, hours and meals. A schedule that does not fit the preschool definition is a center.
• Hiring before background checks clear. Staff and volunteers must be checked before contact with children.
• Budgeting a fee from an old page. The $75 plus $1 per child figure is a pre-move KDHE listing. Confirm the current fee with OEC.
• Counting on the SB 82 credit before KDOR confirms it. Check with KDOR first.
• Forming an LLC without the required name ending. Use L.L.C., L.C., LLC, LC, LIMITED LIABILITY COMPANY or LIMITED COMPANY.
• Assuming a DBA is filed with the state. Kansas has no state-level DBA filing. Check city and county rules instead.
• Missing the biennial Information Report. It is due every two years by April 15, and the fee is $90.
• Looking for a statewide contractor license. Kansas has none for general contractors, electricians, plumbers or HVAC. Your city or county licenses those trades.

Tips for a Smoother Startup

• Call OEC early, get answers in writing and keep a log of each conversation.
• Build your staffing plan by age group and room, then check it against OEC's current requirements.
• Start training and background checks before your hiring offers are final, so no one waits on paperwork.
• Ask the Kansas Small Business Development Center for free advising at kansassbdc.net. The SBA's Wichita district office also publishes Kansas resources at sba.gov/district/wichita.
• Confirm insurance requirements with a licensed insurance agent. Child care coverage needs are specific to your program, and this guide does not set those numbers.

Startup Costs at a Glance

Item	Amount	Agency or source	Status
LLC Articles of Organization (Form DL)	$85	Kansas Secretary of State	Confirmed
Corporation Articles of Incorporation (Form AI)	$85	Kansas Secretary of State	Confirmed
Name reservation (120 days)	$35	Kansas Secretary of State	Confirmed
Biennial Information Report (LLC or corporation)	$90 every two years	Kansas Secretary of State	Confirmed, due April 15
Business tax registration	Free	Kansas Department of Revenue	Confirmed
OEC license fee (pre-move KDHE listing)	$75 plus $1 per child of capacity (60 children = $135)	Office of Early Childhood	Confirm with OEC
Annual OEC fee for a day care facility	None set under K.S.A. 75-7710	Office of Early Childhood	Confirm with OEC what applies
Background check fee	$48	KDHE (resumed January 1, 2026)	Confirm with OEC
Zoning, Fire Marshal and building approvals	Varies	City or county, State Fire Marshal	Confirm with each agency

What Results to Expect

Operators who work through these steps in order are generally in a stronger position at inspection and at opening. Clean records, trained staff and confirmed fees tend to shorten the back-and-forth with regulators, though timing depends on the agencies and on the completeness of your application. Your first year may cost more than your budget projects if you skip the confirmation steps, so treat each unconfirmed figure as a question to answer before you commit money.

The steps in this guide may help you organize a Kansas child care startup, but they do not guarantee a license, approval or any particular outcome. Confirm each requirement with the agency that administers it, and consult a qualified Kansas attorney or CPA for your specific entity, lease and tax situation.

Next Steps

1. Decide between a center and a preschool by comparing your schedule to the definitions in Step 1.
2. Check your name, reserve it if needed and file your Articles of Organization or Articles of Incorporation.
3. Register with KDOR and ask about the SB 82 credit.
4. Get written zoning approval, then schedule Fire Marshal and building approvals.
5. Contact OEC for the application packet and written fee confirmation.
6. Hire your full-time program director and qualified staff, then complete training and background checks.
7. Schedule your licensing inspection and open once every approval is final.