Kan. Admin. Regs. § 28-4-578 - Licensure; amended license; exceptions; notification; renewal

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

Each person shall have a temporary permit or license to operate a school-age program before children or youth are in attendance.

(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.


Kan. Admin. Regs. § 28-4-578
Authorized by K.S.A. 65-508; implementing K.S.A. 65-501, 65-504, 65-505, and 65-516; 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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