Kan. Admin. Regs. § 28-4-576 - Definitions

Current through Register Vol. 40, No. 39, September 30, 2021

(a) "Academic credit hour" means credit earned for coursework through an accredited postsecondary educational institution.
(b) "Administrative order" means an order that is issued by the secretary as specified in K.S.A. 65-501 et seq., and amendments thereto, and that is subject to the Kansas administrative procedures act.
(c) "Administrator" means the staff member who is responsible for the general and fiscal management of the program.
(d) "Adult responsible for a child or youth" means any of the following adults who is other than the child's or youth's legal parent and who is responsible for the care and upbringing of the child or youth:
(1) A stepparent;
(2) a grandparent;
(3) another relative; or
(4) a foster parent.
(e) "Animal" means any living creature, other than a human being, that has the ability to move voluntarily and shall include mammals, rodents, fish, reptiles, insects, spiders, and birds.
(f) "Annual renewal date" means the date assigned to each licensee for the submission of the documents required to renew the license and payment of the annual license fee.
(g) "Applicant" means any person who has submitted an initial application for a license to operate a school-age program but has not received a temporary permit or license.
(h) "Available space for activities" means the indoor and outdoor space on the premises that is used by children and youth during the hours of operation in carrying out the program of activities. The following shall not be counted as available space for activities:
(1) Kitchens;
(2) rest rooms;
(3) hallways and passageways;
(4) storage areas;
(5) offices;
(6) teacher or employee lounges and workrooms; and
(7) any other space not used by the children or youth for activities.
(i) "Basement" means an area with a floor level more than 30 inches below ground level on all four sides.
(j) "Building" means a structure used for shelter that has a roof and is enclosed by walls on all sides.
(k) "Child or youth with special needs" means a child or youth who requires specialized programs, services, interventions, or technologies while attending the program, due to any of the following conditions:
(1) A developmental disability;
(2) mental retardation;
(3) mental illness;
(4) an emotional or behavioral difficulty;
(5) sensory or motor impairment; or
(6) a chronic illness.
(l) "Day reporting program" means a program that provides specialized services designed to enable juvenile offenders 10 years of age and older to remain offense-free while living in the community.
(m) "Department" means the Kansas department of health and environment.
(n) "Drop-in program" means a child care facility as defined in K.A.R. 28-4-700(e).
(o) "Group" means a limited number of children or youth assigned to a staff member or team of staff members.
(p) "High-risk sport or recreational activity" means a sport or recreational activity that poses a significant risk of injury to the participant. Safe participation in the activity shall require specialized instruction and may require protective safety gear.
(q) "Individualized program plan" and "IPP" mean a written, goal-oriented plan of specialized services for each child or youth with special needs or for each juvenile offender attending a day reporting program. Each operator shall ensure that the IPP assigns responsibility for the delivery of the specialized services.
(r) "Job-related experience" means experience approved by the secretary that includes teaching, working, and volunteering with school-age children and youth.
(s) "Kindergarten-age child" means a child who is attending kindergarten or who has completed kindergarten and has not entered first grade.
(t) "License" means the document issued by the secretary that authorizes a person to operate a school-age program.
(u) "License capacity" means the maximum number of children or youth, or both, authorized by the temporary permit or license to attend the program at any one time.
(v) "Meal" means breakfast, lunch, or dinner.
(w) "Mobile summer program" means a program that operates only during the summer months. Children and youth meet at a designated pick-up and drop-off site, and are transported daily to locations off the premises for program activities.
(x) "Notice of survey findings" means a written record documenting the results of an inspection or investigation conducted by the secretary's designee to determine compliance with applicable statutes and regulations.
(y) "Operator" means a person who holds a temporary permit or license to conduct a school-age program.
(z) "Outdoor summer camp" means a program that operates only during the summer months and is conducted at an outdoor location for the duration of the program, but does not include any summer instructional camps as defined in K.S.A. 65-501, and amendments thereto.
(aa) "Premises" means the location, including the building or buildings and adjoining grounds, for which the operator has a temporary permit or license to conduct a school-age program.
(bb) "Professional development training" means training approved by the secretary that is related to working with school-age children and youth.
(cc) "Program director" means the staff member who is approved by the secretary as meeting the qualifications specified in K.A.R. 28-4-587 and who is responsible for implementing and supervising the program of activities.
(dd) "Program director designee" means the staff member whom the operator designates to conduct the program in the temporary absence of the program director for a period not to exceed two consecutive weeks, or at the beginning and end of any day that exceeds eight hours.
(ee) "Program of activities" means a comprehensive and coordinated plan of activities that meets the following criteria:
(1) Promotes cognitive, emotional, social, and physical development;
(2) supports the well-being of each child or youth; and
(3) protects the safety of each child and youth in attendance.
(ff) "Public recreation center" means any building used by a political or taxing subdivision of this state, or by an agency of a state subdivision, for recreation programs that serve children and youth.
(gg) "Regularly volunteering" means working in a program on a recurring basis and without compensation. This term shall not apply to guest speakers and to persons who make one or more presentations on a specific subject.
(hh) "School-age child" and "child" mean an individual who is of kindergarten age through the academic year in which the child is in the sixth grade and who is attending the program. Each school-age child shall be included in the license capacity.
(ii) "School-age program" and "program" mean a child care facility that serves exclusively school-age children and youth, but shall not include a drop-in program as defined in this regulation.
(jj) "School-age youth" and "youth" mean an individual who meets the following conditions:
(1) Has completed sixth grade or is 12 years of age or older;
(2) is less than 18 years of age;
(3) is attending the program; and
(4) is not a volunteer or employee.

Each school-age youth shall be included in the license capacity.

(kk) "Secretary" means the secretary of the Kansas department of health and environment.
(ll) "Secretary's designee" means the person designated by the secretary to assess compliance with program regulations.
(mm) "Snack" means supplemental food served between meals.
(nn) "Specialized services" means additional services provided by the program to meet the special needs identified in the IPP for a specific child or youth.
(oo) "Staff member" means both of the following:
(1) All personnel, including employees, substitutes, and volunteers, who provide administrative or direct services to children and youth; and
(2) auxiliary personnel, including cooks, drivers, office workers, and housekeeping staff, who provide indirect services.
(pp) "Supervisory ratio" means the ratio consisting of the number of staff members required to provide direct services and supervision to a specified number of children or youth.
(qq) "Temporary permit" means the document issued pursuant to K.S.A. 65-504, and amendments thereto, that authorizes a person to operate a school-age program before receiving a license as required by K.S.A. 65-501, and amendments thereto.
(rr) "Time-out area" means a designated, supervised space in the activity area that is used to separate a child or youth from the group for a limited period of time, to allow the child or youth to regain self-control.
(ss) "Use zone" means the surface under and around a piece of equipment onto which a child or youth falling from or exiting the equipment would be expected to land.


Kan. Admin. Regs. § 28-4-576
Authorized by and implementing K.S.A. 65-508; effective, T-28-4-1-02, April 1, 2002; effective Jan. 10, 2003; amended, T-28-3-19-04, March 19, 2004; amended Sept. 10, 2004.

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