CHAPTER 166 HOUSE BILL No. 2837
      An Act concerning schools and school districts; relating to the regulation of boarding
      schools; authorizing boards of education to enter into contracts with municipalities for
      food service; amending K.S.A. 1997 Supp. 65-503, 65-508 and 72-5126 and repealing
      the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1997 Supp. 65-503 is hereby amended to read as
follows: 65-503. As used in this act:

(a) ``Child placement agency'' means a business or service conducted,
maintained or operated by a person engaged in finding homes for children
by placing or arranging for the placement of such children for adoption
or foster care.

(b) ``Child care resource and referral agency'' means a business or
service conducted, maintained or operated by a person engaged in pro-
viding resource and referral services, including information of specific
services provided by child care facilities, to assist parents to find child
care.

(c) (1) ``Child care facility'' means:

(A) A facility maintained by a person who has control or custody of
one or more children under 16 years of age, unattended by parent or
guardian, for the purpose of providing the children with food or lodging,
or both, except children related to the person by blood, marriage or legal
adoption;

(B) a children's home, orphanage, maternity home, day care facility
or other facility of a type determined by the secretary to require regula-
tion under the provisions of this act;

(C) a child placement agency or child care resource and referral
agency, or a facility maintained by such an agency for the purpose of
caring for children under 16 years of age; or

(D) any receiving or detention home for children under 16 years of
age provided or maintained by, or receiving aid from, any city or county
or the state.

(2) ``Child care facility'' shall not include a family day care home de-
fined in K.S.A. 65-517 and amendments thereto.

(d) ``Person'' means any individual, association, partnership, corpo-
ration, government, governmental subdivision or other entity.

(e) ``Boarding school'' means a facility which provides 24-hour care
to school age children, provides education as its primary function, and is
accredited by an accrediting agency acceptable to the secretary of health
and environment.

Sec. 2. K.S.A. 1997 Supp. 65-508 is hereby amended to read as fol-
lows: 65-508. (a) Any maternity center or child care facility subject to the
provisions of this act shall: (1) Be properly heated, plumbed, lighted and
ventilated; (2) have plumbing, water and sewerage systems which con-
form to all applicable state and local laws; and (3) be operated with strict
regard to the health, comfort, safety and social welfare of the residents.

(b) Every maternity center or child care facility shall furnish or cause
to be furnished for the use of each resident and employee individual
towel, wash cloth, comb and individual drinking cup or sanitary bubbling
fountain, and toothbrushes for all other than infants, and shall keep or
require such articles to be kept at all times in a clean and sanitary con-
dition. Every maternity center or child care facility shall comply with all
applicable fire codes and rules and regulations of the state fire marshal.

(c) The secretary of health and environment with the cooperation of
the secretary of social and rehabilitation services shall develop and adopt
rules and regulations for the operation and maintenance of maternity
centers and child care facilities. The rules and regulations for operating
and maintaining maternity centers and child care facilities shall be de-
signed to promote the health, safety and welfare of the residents who are
to be served in such facilities by ensuring safe and adequate physical
surroundings, healthful food, supervision and care of the residents by
capable, qualified persons of sufficient number, an adequate program of
activities and services and such appropriate parental participation as may
be feasible under the circumstances. Boarding schools are excluded from
requirements regarding the number of qualified persons who must su-
pervise and provide care to residents.

(d) Each child cared for in a child care facility, including children of
the person maintaining the facility, shall be required to have current such
immunizations as the secretary of health and environment considers nec-
essary. The person maintaining a child care facility shall maintain a record
of each child's immunizations and shall provide to the secretary of health
and environment such information relating thereto, in accordance with
rules and regulations of the secretary, but the person maintaining a child
care facility shall not have such person's license revoked solely for the
failure to have or to maintain the immunization records required by this
subsection.

(e) The immunization requirement of subsection (d) shall not apply
if one of the following is obtained:

(1) Certification from a licensed physician stating that the physical
condition of the child is such that immunization would endanger the
child's life or health; or

(2) a written statement signed by a parent or guardian that the parent
or guardian is an adherent of a religious denomination whose teachings
are opposed to immunizations.

Sec. 3. K.S.A. 1997 Supp. 72-5126 is hereby amended to read as
follows: 72-5126. (a) The board of education of any school district may
enter into contracts with:

(1) The governing authority of any nonpublic school or any child-care
institution for the provision of meals for children in attendance at such
nonpublic school or child-care institution; and

(2) the governing body of any municipality for the provision of meals
to persons for whom the municipality is responsible for providing meals.

(b) Any such contract entered into by a board of education pursuant
to the provisions of this section shall provide for payment by the nonpublic
school or, child-care institution, or municipality, as applicable, of the costs
incurred by the school district. Moneys received by a school district under
any such contract entered into pursuant to the provisions of this section
shall be deposited in the food service fund of the district and may be
expended whether budgeted or not.

(b) (c) The provisions contained in article 51 of chapter 72 of Kansas
Statutes Annotated, except the provisions contained in K.S.A. 72-5117
and 72-5118, and amendments thereto, shall apply to meals provided by
the board of education of a school district under any contract entered
into pursuant to the provisions of this section.

(c) (d) As used in this section, the term ``nonpublic school'' means a
nonpublic school approved by the state board of education for partici-
pation in food service programs defined in K.S.A. 72-5112, and amend-
ments thereto, and the term ``child-care institution'' has the meaning as-
cribed thereto in K.S.A. 72-5124, and amendments thereto, and the term
``municipality'' means any county, township, city, or other political or
taxing subdivision of the state, or any agency, authority, institution or
other instrumentality thereof.

Sec. 4. K.S.A. 1997 Supp. 65-503, 65-508 and 72-5126 are hereby
repealed.

Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 13, 1998