Current through Register Vol. 43, No. 12, March 20,
2024
(a) General.
(1) Any person, corporation, firm,
association, or other organization desiring to conduct a child care center or
preschool which will operate for more than five consecutive hours or more than
one day per week shall apply for a license on forms supplied by the Kansas
department of health and environment.
(2) In lieu of being licensed, preschools
operated on the premises of private schools providing kindergarten through
grade six shall be governed by Kansas statutes applicable to private schools.
(3) Each application for a license
or an application for renewal of license shall be accompanied by the license
fee which shall not be refundable.
(4) Children shall not be in attendance at
the center or preschool until a license has been issued by the Kansas
department of health and environment.
(5) Applicants shall be 18 years of age or
older at time of application.
(6)
A license shall be issued if the secretary finds that the applicant is in
compliance with the requirements of
K.S.A.
65-501 et seq. and amendments thereof, and
the rules and regulations promulgated pursuant to those statutes, and that the
applicant has made full payment of the license fee required by the provisions
of K.S.A.
65-505 and amendments thereof.
(A) A license for an additional facility
operated by a licensee shall not be issued until all existing facilities
operated by the licensee are in compliance with licensing regulations.
(B) It shall be the responsibility
of the licensee to provide the financial resources necessary to maintain
compliance with licensing regulations.
(b) Statement of services offered. When
making application to the Kansas department of health and environment for a
license to conduct a child care center or preschool, the applicant shall state
what services will be provided. Advertisements shall conform to the written
statement of services. No claims as to specialized services shall be made
unless the facility is staffed and equipped to offer those services. No general
claim as to "state approval" shall be made unless the facility has obtained a
license issued by the Kansas department of health and environment. The
licensing agency shall be notified of any change in the position of program
director or any change in program which effects licensure.
(c) Initial application.
(1) Site approval.
(A) The proposed site shall be approved by
the Kansas department of health and environment, the local building inspector
when required, and a fire safety inspector. Inspection reports shall accompany
the application for license.
(B)
When a building is to be constructed or an existing building is to be
remodeled, construction or remodeling plans shall be submitted to the Kansas
department of health and environment.
(C) When additional space in an existing
building is to be used, prior approval shall be obtained from the Kansas
department of health and environment.
(2) A working telephone shall be on the
premises and available at all times for use by staff.
(d) Renewals.
(1) Before an existing license expires, the
licensee shall apply for renewal of the license on forms supplied by the Kansas
department of health and environment.
(2) Any application may be withdrawn at any
time upon request by the applicant. The applicant shall submit a new
application to the Kansas department of health and environment prior to
reopening a facility.
(3) A new
application and fee shall be submitted for each change of ownership,
sponsorship or location.
(e) Grievance procedures.
(1) Each applicant or licensee receiving
notice of denial or revocation of license shall be notified of the right to an
administrative hearing by the Kansas department of health and environment and
subsequently of the right of appeal to the district court.
(2) Each applicant or licensee aggrieved by a
licensing evaluation or by licensing procedures may appeal in writing to the
Kansas department of health and environment.
(f) Exceptions.
(1) Any applicant or licensee may submit a
written request for an exception to a regulation to the Kansas department of
health and environment. An exception shall be granted if the secretary
determines the exception to be in the best interest of a child or children and
their families, and if statutory requirements are not violated.
(2) Written notice from the Kansas department
of health and environment stating the nature of the exception and its duration
shall be posted with the license.