Kan. Admin. Regs. § 28-4-578 - Licensure; amended license; exceptions; notification; renewal
Each
(a) Temporary permit or license required.
Each person desiring to operate a school-age program that meets one or more of
the following criteria shall obtain a temporary permit or license from the
secretary to operate a child care facility as specified in
K.S.A.
65-503, and amendments thereto:
(1) The program is designed to allow two or
more school-age children on a drop-in or enrolled basis to attend 12 hours a
week or more for more than two consecutive weeks, and is not an instructional
class or activity as specified in paragraph (b)(3) of this regulation.
(2) The public agency providing
funding to the program requires the program to be licensed as a child care
facility .
(3) The program is a day
reporting program for children 10 years of age or older and youth.
(4) The program is a specialized treatment,
therapeutic, correctional, or rehabilitative program for school-age children or
youth that children or youth attend 12 hours a week or more for more than two
consecutive weeks.
(b)
Exclusions. The following shall not be considered child care facilities:
(1) An "extraordinary school program ," as
defined in
K.S.A.
72-8238, and amendments thereto, or a similar
extended school day program that is conducted on the premises of an accredited
non-public school, is attended only by pupils enrolled in the school in which
the program is being conducted, and is staffed by certified elementary school
teachers;
(2) a "summer program ,"
as defined in
K.S.A.
72-8237, and amendments thereto;
(3) an instructional class or activity in
which a child or youth is enrolled for the purpose of participating in only one
specific subject or skill-building area, including religious instruction in a
specific doctrine or tenet, academic or remedial instruction, a basketball
clinic, a baseball league, dance or drama class, or a class in martial arts;
(4) a program of activities that
serves exclusively school-age youth and that is not required to be licensed as
specified in subsection (a) of this regulation;
(5) a program of activities that serves
exclusively youth who are 16 years of age and older; and
(6) a program that is operated by a local
unit of government or school district and that operates for no more than four
consecutive hours per day or for no more than two consecutive weeks.
(c) New temporary permit or
license required. Each operator shall submit a new application, the required
forms, and the license fee, and shall obtain a new temporary permit or license
from the secretary, as follows:
(1) Before a
program that has been closed is reopened;
(2) if there is a change in the location of
the program ; or
(3) if there is a
change of ownership of the program .
(d) Amended temporary permit or license.
(1) Each operator who intends to change the
terms of the temporary permit or license, including the license capacity or the
age of children and youth served, shall submit an application for an amended
temporary permit or license on a form supplied by the department , and a
nonrefundable $35 amendment fee. An amendment fee shall not be required if the
request to change the terms of license is made at the time of the annual review
of the program.
(2) The operator
shall not consider the amendment granted until the amended temporary permit or
license is issued by the secretary.
(e) Exceptions.
(1) Any operator may submit a written request
for an exception to a school-age program regulation on a form supplied by the
department .
(2) An exception may
be granted if the secretary determines that the exception is in the best
interest of a child's or youth's health, safety, or well-being, serves the
needs of the child's or youth's family, and does not violate statutory
requirements.
(3) If an exception
is granted, each operator shall receive written notice of the approval of the
exception and its duration. The approval shall be posted with the temporary
permit or license. The exception shall not be considered granted until written
approval is given by the secretary.
(f) Notification requirements. Each applicant
or operator shall notify the secretary in writing before withdrawing the
application, closing the program, or changing any of the following:
(1) High-risk sports or recreational
activities offered by the program ;
(2) the program director ;
(3) the physical structure of the program
site due to new construction or substantial remodeling that affects the license
capacity; or
(4) the use of any
part of the premises that affects the license capacity.
(g) Annual renewal.
(1) Before the annual renewal date , each
licensee wishing to renew the license shall submit the annual nonrefundable
license fee and shall complete and submit the following to the secretary on
forms supplied by the department :
(A) An
application to renew the license ;
(B) the program director 's annual report; and
(C) a request to conduct a
criminal history and child abuse registry background check.
(2) Failure to submit the annual
renewal documents and fee as required by paragraph (g)(1) of this regulation
shall result in an assessment of a $10.00 late renewal fee payable to the
secretary and may result in suspension of the license. Each late renewal fee
assessed shall be paid upon request.
Notes
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