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Bill

HB 496

AN ACT relating to outdoor, nature–based early learning and child care programs.

2026 Regular Session Introduced by Beverly Chester-Burton and 2 co-sponsors

Creates a framework for outdoor, nature-based early learning for ages 3–12 with 50%+ outdoor hours and mandatory health, safety, and land-use regulations.

to Families & Children (H)
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Bill Summary · HB 496

Overview

HB 496 (2026 Regular Session, Kentucky) seeks to create and regulate outdoor, nature–based early learning and child care programs. The bill defines the program, outlines required regulatory framework, establishes an advisory committee, and sets timeline for Department of Health and Family Services regulations.

Purpose and Intent

  • To establish a formal mechanism for operating outdoor, nature–based early learning and child care programs (for ages 3–12) with a focus on delivering a portion of program hours outdoors and integrating nature-based approaches.
  • To provide regulatory standards, licensing guidance, and ongoing advisory input to ensure safe and effective operation.

Key Provisions

Definitions (Section 1)

  • Clarifies terms for the program within Kentucky law, including:
    • “Outdoor, nature–based early learning and child care program” defined as a child-care center program for ages 3–12 with at least 50% of operating hours outdoors in an approved natural outdoor space.
    • Distinctions for child-care centers, family child-care homes, and related entities (excluding religious organizations during services and certain youth programs).

Regulatory Framework and Advisory Committee (Section 2)

  • Regulatory Promulgation: The Department for Health and Family Services must promulgate administrative regulations by June 30, 2027. Regulations will cover:

    • Bathroom use and diaper changing
    • Hand washing
    • Weather sheltering (e.g., pavilion, building, tarps)
    • Child–to–staff ratios for outdoor settings
    • Medication storage and access
    • Accommodations for children with disabilities
    • Food storage and preparation
    • Boundaries and hazard management in unenclosed outdoor spaces
    • Appropriate outdoor clothing and potable water
    • Sleeping areas for naps
    • Site-specific emergency/disaster and evacuation plans
    • Land-use agreements for operating on public/private land
    • Alignment with environmental conditions
    • Data collection, curriculum, training, and professional development

  • Advisory Committee: Establishes the Outdoor, Nature–Based Early Learning and Child Care Program Advisory Committee with:

    • Ex officio members from relevant state departments (commissioner, Division of Child Care, Division of Regulated Child Care)
    • 11 Governor-appointed members representing:
    • Five nature-based providers with diverse perspectives
    • One licensed child-care center representative
    • One licensed family child-care home representative
    • One environmental education organization with early childhood expertise
    • One statewide early childhood intermediary organization
    • One professional development organization with nature-based expertise
    • One parent of a child who attended a nature-based program

  • Terms and Operation: Members serve three-year terms; term appointments may be staggered. The committee chair is the commissioner or designee; a vice chair is elected annually. Meetings occur at least quarterly; a majority constitutes a quorum; tie votes are resolved by the commissioner’s casting vote.

  • Compensation and Reimbursement: Non-state employees on the committee are compensated for meeting attendance and duties; expenses are reimbursed per state policy.

  • Role and Authority: The committee provides ongoing advisory input but does not directly regulate or license programs. It also has a 30-day window to review proposed administrative regulations before promulgation or amendment.

Who Is Affected

  • Outdoor, nature–based early learning and child care providers (centers and family homes) that operate wholly or partially outdoors for 50%+ of program hours.
  • Parents and children enrolled in or considering nature-based programs.
  • Department staff within the Cabinet for Health and Family Services, particularly the Department for Health and Family Services and related child-care divisions.
  • Potential landowners (public or private) hosting such programs, due to land-use and boundary considerations.

Timeline and Procedural Aspects

  • By June 30, 2027: The Department must promulgate regulatory standards for outdoor, nature–based programs.
  • An advisory committee is established at the outset, with ongoing quarterly meetings and a structured appraisal of regulations.
  • Initial appointments and term staggering for committee members are to be determined by the Governor.

Summary

HB 496 creates a statutory framework for outdoor, nature–based early learning and child care programs, defining eligibility criteria (ages 3–12; at least 50% outdoor hours) and mandating comprehensive regulations covering health, safety, accessibility, weather shelter, emergency planning, feeding, medication handling, and land use. It also forms a prominent advisory committee to guide policy and regulation while ensuring that the committee’s input is solicited prior to final regulatory action. The bill emphasizes safety, inclusivity (disabilities accommodations), environmental alignment, and professional development for providers.

Compiled from official sources — confirm details with the bill’s official record.

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