75-7724. Youth development and school age programs in schools and public recreation centers; definitions; licensing; pilot programs; inspections.

732 words·~3 min read·/ks/chapter-75/75-7724

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)As used in this section:

(1)"Child" means an individual who is enrolled or attending kindergarten, is less than 18 years of age, is not a volunteer or employee and is attending a youth development program.

(2)"Premises" means the location, including the building and adjoining grounds, for which the applicant has a temporary permit or license to conduct a youth development program.

(3)"Public recreation center" means any building used by a political or taxing subdivision of this state, or by an agency of such subdivision, for recreation programs that serve children who are less than 18 years of age.

(4)"School" means any building used for instruction of students enrolled in kindergarten or any of the grades one through 12 by a school district or an accredited nonpublic school.

(5)"School-age program" means a child care facility that serves exclusively school-age children and youth but does not include a youth development program.

(6)"Youth development program" means a child care facility where youth activities are conducted that is not located in an individual's residence and that serves children who are enrolled in kindergarten to less than 18 years of age.

(b)No license for a youth development program or school-age program shall be denied, suspended or revoked on the basis that the building does not meet the requirements for licensure if the building:

(1)Is a public recreation center or school and is used by school-age children and youth that are of the same age as children and who are cared for in a youth development program or school-age program;

(2)complies, during all hours of operation of a youth development program or school-age program, with the Kansas fire prevention code or a building code that is by law deemed to comply with the Kansas fire prevention code; and

(3)except as provided in subsection (c), complies during all hours of operation of a youth development program or school-age program with all local building code provisions that apply to recreation centers if the building is a public recreation center or to schools if the building is a school.

(c)If the standards that a building is required to comply with under subsections (b)(2) and (b)(3) are in conflict or are otherwise inconsistent, then the building standards shall be subject to subsection (b)(2).

(d)No license for a youth development program or school-age program that operates in accordance with subsection (b)(1) shall be denied, suspended or revoked based on an environmental deficiency and shall be approved or renewed if:

(1)The environmental deficiency does not pose an imminent risk to children and youth;

(2)the environmental deficiency is outside the applicant's or licensee's immediate authority to correct; and

(3)the applicant or licensee has notified the public recreation center or school of the environmental deficiency.

(e)The director is authorized to adopt rules and regulations applicable to the services provided by youth development programs, regarding health, safety, supervisory qualifications or training and premises safety, including modifications of occupancy capacity limits or group gathering restrictions, consistent with the local or state building or fire codes.

(f)The director shall consult with youth development programs to identify and resolve barriers to such programs qualifying as eligible providers of child care services for which participating families may receive state or federal child care financial assistance.

(g)The director shall develop and implement pilot programs and is authorized to adopt modifications to licenses issued pursuant to this section to provide flexibility to youth development programs to address the needs of families served.

(h)Whenever drop-in program or words of like effect, are referred to or designated by any statute, rule or regulation, contract or any other document, such reference or designation shall apply to a youth development program.

(i)If a licensed youth development program or school age program operates on or within the premises of a public or private school that is required to pass a fire safety inspection each school year pursuant to K.S.A. 31-144 (b), and amendments thereto, no additional fire safety inspection of the licensed youth development program or school age program shall be required by the director, the state fire marshal, the fire chief or any local political or taxing subdivision.

(j)This section shall take effect on July 1, 2026.