New state-by-state data on childcare facility regulations

Some states are much more burdensome than others

My collaboration with Conor Norris, Christine Bretschneider Fries, and Yimin Wang was published earlier this week by the Archbridge Institute. In this new publication, we provide details on how states compare with respect to childcare facility regulations. We intend to update and publish this dataset annually. Here are some highlights from the new data:

• Harrisburg policymakers believe PA children need much more personal space than other children:

  PA law mandates a minimum of 65 square feet of indoor space per child. Idaho has no minimum and lets market forces decide how much space is right. Four states (Alabama, Colorado, Tennessee, and Texas) have minimum requirements that are less than half of PA’s minimum. Most states mandate 35 square feet of indoor space per child.

• Georgia children require more outdoor space according to Atlanta bureaucrats: Georgia law mandates a minimum of 100 square feet of outdoor space per child. Five states (Idaho, Maine, Michigan, Montana, and New York) have no minimum amount of outdoor space and appropriately allow the market to decide the optimal amount of space at each facility. Florida and Nevada require less than half the amount of outdoor space per child. Most states require 75 feet of outdoor space per child.

• West Virginia childcare facilities must complete a seven page “Needs Assessment” prior to opening:

  It is fairly obvious that childcare is in short supply everywhere nationally. The Department of Health and Human Services in Charleston needs new childcare facilities to complete paperwork to confirm this fact. Applicants need to waste time documenting market conditions such as waiting lists for existing facilities, why existing facilities have waiting lists, obtaining pricing data, and document whether they have a mission statement and business plan. West Virginia is a unique state in many positive respects. We should not also be known for this absurd needs assessment requirement that does not exist in any other state.

• Rhyme and reason with respect to child-to-staff ratios is in short supply:

  New Mexico has relatively flexible requirements for children younger than 2 (6 kids per staff member), but has more rigid requirements for kids 5 and older (15 kids per staff member). Texas has the most flexible requirement for 6 to 8 year old children nationally (26 kids per staff member), but one of the more burdensome requirements for infants (4 kids per staff member). In Hawaii, it is illegal for children younger than 2 to be cared for in a group setting. In short, there is a lot of room for reform with respect to child-to-staff ratios.

• Ditto for staff licensing requirements:

  California, the District of Columbia, and North Carolina require that childcare facility directors obtain bachelor degrees. Six states (Idaho, Kansas, Kentucky, Oregon, Rhode Island, and South Dakota) have no education requirements for directors. Hawaii, Tennessee, and South Dakota require that directors have four years of experience before they can obtain a license. A dozen states have no minimum experience requirements for directors. There are also notable differences across states with respect to childcare facility caregiver/teacher licensing requirements.

I am hopeful that with good detailed information in hand on how childcare facility regulations compare across states that it will motivate reform. Should you have any questions on the new data, please feel free to reach out. I’ve already coauthored a more detailed report on Wisconsin and would love the opportunity to do similar reports for other states.