Kan. Admin. Regs. § 28-4-587

Current through Register Vol. 43, No. 24, June 13, 2024

Section 28-4-587 - staff member qualifications; professional development training; staffing requirements

(a) staff qualifications. Each operator and each staff member shall demonstrate an understanding of children and youth and shall act with reasonable care and judgment.

(b) Program director.

(1) Each operator shall hire a program director who meets the following qualifications:

(A) Is at least 18 years of age and is at least three years older than the oldest youth in the program;

(B) demonstrates the following:

(i) Knowledge of child and youth development;

(ii) knowledge of the licensing regulations governing school-age programs;

(iii) administrative and supervisory skills;

(iv) the ability to communicate clearly; and

(v) the competence to manage the program in compliance with the program policies, the program plan, and the licensing regulations governing school-age programs; and

(C) holds either a high school diploma or a general educational development (GED) credential.

(2) In addition to meeting the requirements specified in paragraph (b)(1), each program director shall meet one of the following qualifications, based on the license capacity:

(A) For a license capacity of 30 or fewer children or youth, has been approved as a program director as specified in K.A.R. 28-4-429(b) or (c), or has at least three months of job-related experience;

(B) for a license capacity of 31 through 60 children or youth, meets one of the following requirements:

(i) Has been approved as a program director as specified in K.A.R. 28-4-429(d) or (e);

(ii) has 15 academic credit hours; or

(iii) has six months of job-related experience;

(C) for a license capacity of 61 through 120 children or youth, meets one of the following requirements:

(i) Has been approved as a program director as specified in K.A.R. 28-4-429(e);

(ii) has 60 academic credit hours;

(iii) has 12 months of job-related experience; or

(iv) has a combination of 30 academic credit hours and six months of job-related experience; or

(D) for a license capacity of 121 or more children or youth, holds at least a bachelor's degree from an accredited college or university and has job-related experience.

(3) Within 10 calendar days after hiring each program director, each operator shall comply with one of the following:

(A) Obtain from the program director a copy of the approval letter issued by the secretary to document that the program director is qualified for the license capacity; or

(B) submit a request to the secretary for approval of the program director who has been hired.

(4) Each program director designee shall meet the requirements specified in paragraphs (b)(1) and (2)(A).

(c) Administrator. Each operator of a program that has a license capacity of 91 or more children or youth shall employ an administrator who meets the following qualifications:

(1) Is not the program director or a group leader;

(2) is at least 18 years of age;

(3) holds either a high school diploma or a GED credential; and

(4) possesses administrative ability, knowledge of the licensing regulations governing school-age programs, and the skill to supervise the business operation of the program.

(d) Group leader.

(1) Each individual designated as group leader shall meet the following qualifications:

(A) Is at least 18 years of age and is at least three years older than the oldest youth in the group;

(B) holds either a high school diploma or a GED credential; and

(C) has job-related experience working with school-age children or school-age youth.

(2) Each group leader shall possess the following:

(A) Knowledge of child and youth development;

(B) knowledge of the licensing regulations governing school-age programs;

(C) an understanding of age-appropriate activities;

(D) the ability to communicate clearly;

(E) skills and abilities to implement the program of activities; and

(F) the ability to foster positive, healthy relationships with children or youth.

(3) Each group leader shall meet the following requirements:

(A) Provide supervision and direction to the children and youth assigned to the group;

(B) supervise group activities during all hours children and youth are present; and

(C) provide supervision and direction to an assistant group leader.

(e) Assistant group leader.

(1) Each individual designated as assistant group leader shall meet the following qualifications:

(A) Is at least 16 years of age and is at least three years older than the oldest youth in attendance in the group; and

(B) possesses the following:

(i) The ability to provide supervision and guidance to a group of children or youth under the direction of a group leader;

(ii) the skill and ability to carry out the program of activities; and

(iii) the ability to foster positive, healthy relationships with children and youth.

(2) Each assistant group leader shall be under the supervision and direction of a group leader.

(f) Substitute staff members.

(1) Each operator shall ensure that substitutes are available to work if there is an emergency or a staff member absence.

(2) Each substitute shall meet the requirements for the staff member whom the substitute is temporarily replacing.

(3) The name and telephone number of each substitute shall be available to the program director or the program director's designee.

(g) Volunteers.

(1) Each volunteer shall be at least 14 years of age and, if working directly with the children and youth, shall be at least three years older than the oldest youth in the group.

(2) No volunteer shall be counted in the supervisory ratio unless the volunteer meets all the requirements of a group leader or assistant group leader and is designated as a group leader or assistant group leader by the program director.

(h) Documentation of qualifications. In addition to meeting the staff record requirements in K.A.R. 28-4-582, each operator shall have on file an application form completed by each staff member, including documentation of the staff member's qualifications. The documentation shall be on file on the premises or at a designated central office location that is accessible for review by the secretary's designee.

(i) Professional development training.

(1) Orientation training. Each operator shall provide orientation training to each program director and each staff member who is counted in the supervisory ratio. The training shall be provided before or within the first week the program director or staff member works with children or youth. Each staff member shall complete the training before being given sole responsibility for the care and supervision of children or youth. The training shall be related to work duties and responsibilities and shall include the following subject areas:

(A) The mission and goals of the program;

(B) the licensing regulations governing school-age programs;

(C) the program policies and practices, including security and behavior management;

(D) the program of activities;

(E) supervision of children and youth, including any special needs and known allergies;

(F) confidentiality;

(G) recognizing and reporting symptoms of illness, child abuse, child neglect, and critical incidents as specified in K.A.R. 28-4-592;

(H) prevention of and response to emergencies due to food and allergic reactions;

(I) prevention and control of infectious diseases, including immunizations;

(J) premises safety, including identification of and protection from hazards that could cause bodily injury, including electrical hazards, bodies of water, and vehicular traffic;

(K) emergency preparedness and response planning for emergencies resulting from a natural disaster or a human-caused event, including violence at a premises;

(L) handling and storage of hazardous materials and the appropriate disposal of bio-contaminants, including blood and other bodily fluids or waste; and

(M) precautions when transporting children and youth, if transportation is provided.

(2) Ongoing professional development training.

(A) For purposes of this subsection, "licensure year" shall mean the period beginning on the effective date and ending on the expiration date of a license.

(B) In each licensure year, each program director shall complete professional development training as follows:

(i) For each licensure year ending during the 2017 calendar year, 15 clock-hours;

(ii) for each licensure year ending during the 2018 calendar year, 15 clock-hours; and

(iii) for each licensure year ending during the 2019 calendar year, and for each subsequent licensure year, 16 clock-hours.

(C) In each licensure year, each operator or program director shall assess the training needs of the staff members and shall provide or arrange for staff training as needed to maintain the program in compliance with the licensing regulations governing school-age programs.

(D) In each calendar year, each staff member shall complete professional development training as follows, based on the staff member's job responsibilities and the training needs identified by the operator or the program director:

(i) For each licensure year ending during the 2019 calendar year, 12 clock-hours; and

(ii) for each licensure year ending during the 2020 calendar year, and for each subsequent licensure year, 16 clock-hours.

(E) Each operator shall ensure that documentation of training is kept in each staff member's file on the premises or at a designated central office location that is accessible for review by the secretary's designee.

(j) staffing requirements.

(1) staff coverage. Each operator shall have a sufficient number of staff members on duty to supervise the children and youth during all hours of operation and to provide for their health, safety, and well-being. Each operator shall provide staff coverage if there is an emergency or a staff member absence.

(2) Supervision.

(A) Each operator shall ensure that the program has a qualified group leader for each 30 children or youth attending the program, except as specified in K.A.R. 28-4-596.

(B) Each operator shall maintain additional qualified staff to ensure that the supervisory ratio of one staff member for each 15 children and youth is not exceeded.

(C) Each staff member counted in the supervisory ratio shall be assigned responsibility for the supervision of children and youth and shall meet the following requirements:

(i) Meet the applicable qualifications for a group leader or assistant group leader; and

(ii) be physically present with the children or youth.

(3) Groups. Except as specified in K.A.R. 28-4-596, the number of children and youth in a group shall be limited by the following:

(A) The available space for activities; and

(B) the type of activity.

(4) Supervision of children and youth. Each staff member working with children and youth shall provide supervision to protect the health, safety, and welfare of the children and youth, and to reduce the risk of injury, illness, or abuse.

(5) Positive relationships. Each staff member shall encourage the development of positive adult-to-child and adult-to-youth relationships and shall be actively engaged with the children or youth under the staff member's supervision.

(6) Location of each child and each youth. Each group leader or assistant group leader shall know the location of each child and each youth under the supervision of that group leader or assistant group leader at all times.

(7) Unescorted child or youth. Any group leader or assistant group leader may, based on the policy of the program and the age and responsibility level of the child or youth, give a child or youth permission to walk unescorted from one supervised activity area to another supervised activity area or to the rest room.

Kan. Admin. Regs. § 28-4-587

Authorized by and implementing K.S.A. 2016 Supp. 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; amended by Kansas Register Volume 36, No. 23; effective 6/23/2017.