Kan. Admin. Regs. § 28-4-588 - Program plan, program of activities, and use of space

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

(a) Program plan. Each operator shall develop and implement a written program plan that includes a program of activities, services, and schedules in keeping with the overall mission, goals, and purpose of the program and the developmental needs and interests of the children and youth.
(b) Program of activities.
(1) Each operator shall ensure that each activity is adapted to the number of children and youth participating in the activity and the space available. Whenever possible, each operator shall encourage each child and youth to participate in planning the program of activities.
(2) Each operator shall ensure that each activity meets the following conditions:
(A) Is developmentally appropriate and age-appropriate;
(B) helps each child or youth develop useful skills, a positive self-concept, a sense of independence, and positive relationships;
(C) provides a variety of structured, unstructured, and self-directed activities in keeping with the goals and purpose of the program and the hours of operation; and
(D) is scheduled to allow adequate time to transition from one activity to another.
(3) Each operator shall ensure that television programs, videos, and movies are limited to those with age-appropriate content and are shown only for special occasions or educational instruction.
(c) Use of available space for activities.
(1) If activities that are not part of the school-age program are conducted on the same premises as those for the school-age program, each operator shall designate space for exclusive use by the program during the hours of operation.
(2) Each operator shall provide sufficient space in each area for children and youth to engage comfortably in the activity without being crowded.
(d) Materials, equipment, and furnishings.
(1) Each operator shall provide a sufficient quantity of program materials, equipment, furnishings, and supplies to keep each child and youth engaged and to carry out the program of activities.
(2) Each operator shall ensure compliance with the following safety requirements:
(A) Equipment, furnishings, and supplies shall be used as intended and shall be safely stored to prevent injury or misuse.
(B) Equipment shall be maintained in good repair.
(C) If bedding is used, it shall be stored in a sanitary manner.
(3) Each operator shall ensure that there are no firearms, ammunition, hunting knives, and other weapons on the premises. Archery equipment and air-powered guns, including BB guns and pellet guns, shall be prohibited unless both of the following conditions are met:
(A) The equipment and guns are used as part of an instructional activity that meets the requirements for high-risk sports and recreational activities specified in subsection (e) of this regulation.
(B) The equipment and guns are kept in locked storage, and no child or youth has unsupervised access to the equipment and guns.
(e) High-risk sports and recreational activities.
(1) Before any high-risk sport or recreational activity is included in the program, each operator shall submit a description of the sport or activity to the secretary for written approval. Each description shall include the following information:
(A) The required qualifications for the instructor of the sport or activity;
(B) the goals of the instruction;
(C) the protective measures that will be followed to conduct the sport or activity safely;
(D) the plans for increased staff supervision;
(E) the type of protective gear, if required for the activity;
(F) the operator's written assurance that each sport or activity will be age-appropriate; and
(G) any special procedures to be followed in conducting the sport or activity.
(2) Each operator shall keep the written approval from the secretary on file on the premises or at a designated central office location. This approval shall be accessible for review by the secretary's designee.
(3) Only an instructor who meets the qualifications for conducting a high risk sport or recreational activity shall instruct and supervise the children and youth engaged in that sport or activity.
(4) Before participating in a high-risk sport or recreational activity, each child or youth shall have written permission, as specified in K.A.R. 28-4-582, on file on the premises or at a designated central office location. Each written permission shall be accessible for review by the secretary's designee.
(f) Children or youth with special needs.
(1) If the operator and the parent or other adult responsible for a child or youth agree that the child or youth will be provided with specialized services while attending the program, an IPP shall be developed and implemented by the following individuals:
(A) The program director and each staff member of the program who is responsible for implementing the IPP;
(B) the parent or other adult responsible for the child or youth;
(C) a professional who is licensed or credentialed and who is qualified to work with the child or youth regarding the child's or youth's special need; and
(D) the child or youth, as appropriate.
(2) Each IPP shall contain the following information:
(A) The date each IPP is developed and updated;
(B) each special need identified as requiring specialized services;
(C) each specialized service to be provided while the child or youth is attending the program and the name of the person who will provide each service;
(D) the anticipated goal of each specialized service; and
(E) the name and position of each person participating in the development of the IPP.
(3) Each operator shall ensure that each IPP is reviewed and updated annually to meet the special needs of the child or youth.
(4) Each operator shall provide a copy of each IPP and each updated IPP to the participants who developed the IPP. The operator shall keep a copy in the child's or youth's file.
(5) Each program operating concurrently under a school-age program license issued by the secretary and a license issued by the secretary of social and rehabilitation services as specified in K.S.A. 75-3307b, and amendments thereto, shall be exempt from the following regulations if the program is in compliance with the licensing requirements of the secretary of social and rehabilitation services:
(A) K.A.R. 28-4-587;
(B) subsection (b), subsection (e), and paragraphs (f)(1) through (4) of this regulation; and
(C) any IPP requirements specified in K.A.R. 28-4-589(d).


Kan. Admin. Regs. § 28-4-588
Authorized by and implementing K.S.A. 2001 Supp. 65-508; effective, T-28-4-1-02, April 1, 2002; effective Jan. 10, 2003.

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