(b) The provisions of the Kansas governmental operations accountability law apply to the department of social and rehabilitation services, and the department is subject to audit, review and evaluation under such law.
History: L. 1973, ch. 367, § 1; L. 1978, ch. 308, § 74; L. 1982, ch. 347, § 68; L. 1992, ch. 116, § 48; L. 2001, ch. 86, § 13; April 12.
History: L. 1973, ch. 367, § 2; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1973, ch. 367, § 3; L. 1973, ch. 368, § 1; Repealed, L. 1980, ch. 272, § 13; July 1.
History: L. 1973, ch. 367, § 4; Repealed, L. 1980, ch. 272, § 13; July 1.
History: L. 1980, ch. 362, § 1; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 362, § 2; L. 1980, ch. 272, § 7; L. 1982, ch. 347, § 69; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 362, § 3; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1973, ch. 367, § 5; L. 1973, ch. 368, § 2; Repealed, L. 1980, ch. 272, § 13; July 1.
History: L. 1973, ch. 367, § 6; Repealed, L. 1980, ch. 272, § 13; July 1.
History: L. 1980, ch. 362, § 7; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 362, § 8; L. 1980, ch. 272, § 9; L. 1982, ch. 347, § 70; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 362, § 9; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 362, § 10; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 362, § 11; L. 1980, ch. 272, § 10; L. 1982, ch. 347, § 71; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 362, § 12; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1973, ch. 367, § 7; L. 1973, ch. 368, § 3; Repealed, L. 1980, ch. 272, § 13; July 1.
History: L. 1973, ch. 367, § 8; Repealed, L. 1980, ch. 272, § 13; July 1.
History: L. 1980, ch. 362, § 4; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 362, § 5; L. 1980, ch. 272, § 8; L. 1982, ch. 347, § 72; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 362, § 6; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1995, ch. 234, § 11; Jan. 1, 1996.
History: L. 1995, ch. 234, § 12; Jan. 1, 1996.
(b) The commissioner of mental health and developmental disabilities created by this order shall be the successor in every way to the powers, duties and functions of the commissioner of mental health and retardation services in which the same were vested prior to the effective date of this order, except as is herein otherwise provided. Every act performed under the authority of the commissioner of mental health and developmental disabilities created by this order shall be deemed to have the same force and effect as if performed by the commissioner of mental health and retardation services in which such functions were vested prior to the effective date of this order.
(c) Whenever the commissioner of mental health and retardation services, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the commissioner of mental health and developmental disabilities created by this order.
(d) Whenever the mental health and retardation services, or words of like effect, is referred to or designated by law, contract or other document, such reference shall be deemed to apply to mental health and developmental disabilities created by this order.
(e) All orders or directives of the commissioner of mental health and retardation services or mental health and retardation services in existence on the effective date of this order shall continue to be effective and shall be deemed to be the orders or directives of the commissioner of mental health and developmental disabilities created by this order until revised, amended, repealed or nullified pursuant to law.
(f) The commissioner of mental health and developmental disabilities created by this order shall be a continuation of the commissioner of mental health and retardation provided to be appointed under K.S.A. 75-5308b.
History: L. 1995, ch. 234, § 13; Jan. 1, 1996.
History: L. 1973, ch. 367, § 9; L. 1980, ch. 272, § 3; July 1.
(b) (1) All persons appointed to provide attendant care services under the home and community based services program shall be in the unclassified service of the Kansas civil service act.
(2) Subject to available appropriations, the governor is authorized and directed to approve a salary plan for persons appointed to provide attendant care services under the secretary of social and rehabilitation services. Such salary plan for persons appointed to provide attendant care services shall be subject to modification and approval by the governor and to any enactments of the legislature applicable thereto and shall be effective on a date or dates specified by the governor.
(3) As used in this subsection, the term "persons appointed to provide attendant care services" means persons appointed to perform attendant care services directed by or on behalf of an individual in need of in-home care, the term "home and community based services program" has the meaning ascribed thereto under K.S.A. 39-7,100, and amendments thereto, and the terms "attendant care services" and "individual in need of in-home care" have the meanings respectively ascribed thereto under K.S.A. 65-6201, and amendments thereto.
History: L. 1985, ch. 278, § 4; L. 1990, ch. 326, § 1; April 26.
The secretary may appoint commissioners and deputy commissioners as determined necessary by the secretary to effectively carry out the mission of the department. All commissioners and deputy commissioners shall serve at the pleasure of the secretary, shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary and approved by the governor. The secretary may also appoint a director for each of the department's management areas. Each area director shall serve at the pleasure of the secretary, be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary and approved by the governor. Nothing in this act shall affect the classified status of any person employed as a deputy commissioner or area director on the day immediately preceding the effective date of the act and the unclassified status shall apply only to persons appointed to such positions on or after the effective date of the act.
History: L. 1973, ch. 367, § 10; L. 1978, ch. 332, § 49; L. 1987, ch. 347, § 6; L. 1996, ch. 271, § 16; July 1.
History: L. 1978, ch. 371, § 1; April 6.
History: L. 1973, ch. 367, §§ 11, 12; Repealed, L. 1980, ch. 272, § 13; July 1.
History: L. 1973, ch. 367, § 13; L. 1974, ch. 348, § 98; L. 1975, ch. 460, § 1; July 1.
History: L. 1973, ch. 367, §§ 14, 15; Repealed, L. 1980, ch. 272, § 13; July 1.
History: L. 1973, ch. 367, § 16; Repealed, L. 1996, ch. 271, § 24; July 1.
(b) Subject to the limitations of this section, the secretary of social and rehabilitation services may organize the department of social and rehabilitation services in the manner the secretary determines most efficient. Commission heads, division heads and employees of the department of social and rehabilitation services not within a particular commission or division shall perform such duties and exercise such powers as are prescribed by law and such other duties as the secretary may prescribe. Such commission heads, division heads and employees shall act for, and exercise the powers of, the secretary to the extent authority to do so is delegated by the secretary.
(c) Subject to the provisions of subsection (b), personnel of each commission and division of the department of social and rehabilitation services shall perform such duties and shall exercise such powers as the head of the commission or division may prescribe and shall perform such duties and shall exercise powers as are prescribed by law. Personnel of each commission and division shall act for, and exercise the powers of, their commission or division head to the extent the authority to do so is delegated by the commission or division head.
History: L. 1996, ch. 271, § 15; July 1.
History: L. 1973, ch. 367, § 18; Repealed, L. 1980, ch. 272, § 13; July 1.
History: L. 1973, ch. 367, § 19; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1973, ch. 367, § 20; July 1.
History: L. 1973, ch. 367, § 21; July 1.
History: L. 1973, ch. 367, § 22; L. 1989, ch. 184, § 2; July 1.
History: L. 1996, ch. 271, § 1; L. 2000, ch. 105, § 1; Apr. 27.
History: L. 1974, ch. 362, § 1; L. 1980, ch. 272, § 4; Repealed, L. 1982, ch. 357, § 34; July 1.
History: L. 1974, ch. 362, § 2; L. 1982, ch. 357, § 29; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1974, ch. 362, § 3; L. 1982, ch. 357, § 30; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1974, ch. 362, § 4; L. 1975, ch. 462, § 123; Repealed, L. 1980, ch. 289, § 11; July 1.
History: L. 1974, ch. 362, § 5; July 1.
History: L. 1974, ch. 362, § 6; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 106, § 8; L. 1982, ch. 357, § 31; L. 1986, ch. 339, § 2; L. 1987, ch. 352, § 1; Repealed, L. 1992, ch. 313, § 16; Sept. 1.
History: L. 1990, ch. 281, § 1; April 19.
History: L. 1980, ch. 362, § 13; L. 1980, ch. 272, § 11; L. 1982, ch. 347, § 73; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 362, § 14; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 362, § 15; July 1.
History: L. 1980, ch. 362, § 16; L. 1980, ch. 272, § 12; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1982, ch. 474, § 1; L. 1982, ch. 357, § 1; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1982, ch. 474, § 2; L. 1982, ch. 357, § 2; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1982, ch. 357, § 3; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1982, ch. 357, § 4; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1982, ch. 474, § 3; L. 1982, ch. 357, § 5; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1982, ch. 474, § 4; L. 1982, ch. 357, § 6; July 1.
History: L. 1982, ch. 474, § 5; L. 1982, ch. 357, § 7; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1986, ch. 297, § 1; Repealed, L. 1990, ch. 327, § 6; May 17.
History: L. 1985, ch. 26, § § 3, 2; Repealed, L. 1992, ch. 146, § 28; July 1.
(b) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the self-sufficiency trust fund interest earnings based on:
(1) The average daily balance of moneys in the self-sufficiency trust fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(c) The secretary of social and rehabilitation services may accept moneys from a self-sufficiency trust for deposit in the self-sufficiency trust fund pursuant to an agreement with the trust naming one or more beneficiaries who are developmentally disabled individuals or individuals otherwise eligible for services from the department of social and rehabilitation services residing in this state and specifying the care, support or treatment to be provided for such individuals. The secretary of social and rehabilitation services shall maintain a separate account in the trust fund for each named beneficiary. The moneys in each such account shall be expended by the secretary, in accordance with rules and regulations of the secretary, only to provide care, support and treatment for the named beneficiaries in accordance with the terms of the agreement. Interest earned on moneys in the trust fund and transferred to the trust fund under subsection (b) shall be prorated in accordance with procedures approved by the director of accounts and reports and credited monthly to each such account.
(d) If the secretary determines that the moneys in the account of a named beneficiary cannot be used for the care, support or treatment of that beneficiary in a manner consistent with the rules and regulations of the secretary and the agreement, or upon the request of the self-sufficiency trust, the remaining moneys in such account, together with any accumulated interest thereon, shall be promptly paid to the self-sufficiency trust which deposited such moneys in the trust fund.
(e) The secretary shall adopt rules and regulations and procedures as may be necessary or useful for the administration of the trust fund. All payments and disbursements from the trust fund shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person designated by the secretary. The receipt by a beneficiary of money from the trust fund, or of care, treatment or support provided with such money, shall not in any way reduce, impair or diminish the benefits to which such beneficiary is otherwise entitled by law.
(f) As used in this section:
(1) "Secretary" means the secretary of social and rehabilitation services.
(2) "Self-sufficiency trust" means a trust created by a not-for-profit corporation which is a 501(c)(3) organization under the federal internal revenue code of 1986 and which was organized for the purpose of providing for the care, support or treatment of one or more developmentally disabled individuals or individuals otherwise eligible for services from the department of social and rehabilitation services.
(3) "Trust fund" means the self-sufficiency trust fund established under this section.
History: L. 1989, ch. 253, § 1; L. 1996, ch. 253, § 32; May 23.
History: L. 1989, ch. 253, § 2; July 1.
History: L. 1990, ch. 295, § 1; April 19.
(1) "Plan" means the electronic funds transfer remittance plan established under this section.
(2) "Secretary" means the secretary of social and rehabilitation services.
(b) The secretary of social and rehabilitation services, with the assistance of the director of accounts and reports, shall apply for approval from the federal government to develop and implement in accordance with this section an electronic funds transfer remittance plan which will provide that monetary payments, food stamps and medical assistance benefits made to each recipient of public assistance under article 7 of chapter 39 of the Kansas Statutes Annotated and acts amendatory of the provisions thereof or supplemental thereto be made through an electronic funds transfer remittance system. On and after January 1, 1995, all monetary payments, food stamps and medical assistance benefits made to public assistance recipients in those counties in this state in which the KanWork program has been implemented and which have been selected by the secretary for the purposes of this section shall be made through such electronic funds transfer remittance plan. The plan shall provide that on and after January 1, 1995, each public assistance recipient, or a person on behalf of the public assistance recipient as authorized by the secretary, who resides in a county in this state in which the KanWork program has been implemented and which has been selected by the secretary for the purposes of this section shall be provided benefits under this plan.
(c) On or before December 31, 1995, the secretary of social and rehabilitation services shall submit to the governor and to the legislature a report describing how the electronic funds transfer remittance plan was implemented, the results of the operation of the plan during the pilot phase, including any cost savings which have occurred as a result of the plan, and any recommendations which the secretary may have with respect to the administration of the plan.
History: L. 1994, ch. 265, § 20; July 1.
History: L. 1994, ch. 265, § 21; July 1.
History: L. 1996, ch. 210, § 5; May 23.
History: L. 1986, ch. 311, § § 1 to 3; Repealed, L. 1992, ch. 129, § 5; July 1.
(a) To coordinate the total drug abuse treatment and prevention effort within the state of Kansas;
(b) to plan for, develop, implement and utilize objective devices and methodologies for the evaluation of all drug abuse treatment and prevention functions within this state;
(c) to pass on and coordinate the delivery of all funding applications, from whatever source, to state agencies, local units of government and private agencies, with regard to drug abuse treatment and prevention functions;
(d) to require such information and reports as may reasonably be necessary from state agencies, local units of government and private agencies for planning, management, coordination and evaluation and for carrying out the provisions of this act;
(e) to receive, administer and expend all federal and other financial assistance in the form of grants, contracts or otherwise, including cost reimbursement and similar contracts administered by the secretary for local programs or local units of government, which is or may become available to the state for furthering the purposes of this act, and the secretary may take such action as may be necessary to enable the state to meet any requirement set forth in federal laws or regulations in effect on the effective date of this act for obtaining federal financial assistance for drug abuse, prevention, treatment or rehabilitation;
(f) to prepare and administer, or supervise the preparation and administration of a comprehensive state plan for planning, establishing, conducting and coordinating projects and efforts for the development of more effective drug abuse treatment and prevention functions in the state;
(g) to cooperate with local authorities in conducting, maintaining and distributing detailed surveys of state and local problems and needs for drug abuse treatment and prevention and periodically advise the governor, legislature and local officials and citizens relative to such problems and needs;
(h) to establish a state clearinghouse for drug abuse information to serve the educational, informational and research needs of the state;
(i) to establish a centralized drug abuse data collection, dissemination and management information system for all drug abuse treatment and prevention functions;
(j) to devise policies and procedures to foster greater cooperation and interaction among organizations, agencies and other bodies, public and private, engaged in drug abuse treatment and prevention;
(k) to cooperate with all drug abuse education and training programs conducted within the state through cooperation with state and local boards of education, schools and other public and private agencies in establishing education programs for the prevention of drug abuse and for training in the treatment of drug involved individuals;
(l) to review annually and update the state plan for drug abuse treatment and prevention in such a manner as to maximize citizen involvement in the reviewing and updating process;
(m) to report annually to the governor and the legislature concerning activities under this act for the past year;
(n) to cooperate with federal, state and local criminal justice systems in the development of improved methods of treating and rehabilitating drug offenders;
(o) to foster, encourage and assist in the development of local and regional plans and programs for improving local and regional treatment and prevention capabilities and insure that such local and regional efforts impact on the overall state planning effort;
(p) to foster, encourage and assist in the development of scientific and operational research efforts designed to further define the nature and causes of drug misuse, drug abuse and drug addiction and to improve treatment and prevention methods and capabilities in these areas;
(q) to assist in the development of programs within business, industry and agriculture designed to reduce the problem of drug abuse and the costs of crime related thereto;
(r) to foster, encourage and assist in the development of programs designed to reduce the misuse and abuse of drugs;
(s) to adopt rules or regulations to carry out the provisions of this act.
History: L. 1975, ch. 424, § 1; July 1.
History: L. 1975, ch. 424, § 2; July 1.
History: L. 1975, ch. 424, § 3; L. 1978, ch. 256, § 6; Repealed, L. 1981, ch. 353, § 11; July 1.
History: L. 1975, ch. 424, § 4; July 1.
History: L. 1975, ch. 424, §§ 5, 6; Repealed, L. 1978, ch. 256, § 7; July 1.
History: L. 1981, ch. 353, § 1; July 1.
History: L. 1981, ch. 353, § 2; July 1.
(b) In making appointments to the first committee, the secretary shall appoint 1/2 of the members to one-year terms and 1/2 of the members to two-year terms. Members first appointed to the committee shall serve for their appointed terms and until the appointment and qualification of their successors.
(c) On the expiration of any member's term of office, the secretary shall appoint a successor who shall serve for a term of two years and until such member's successor has been appointed and qualified. Any vacancy in the membership of the committee which occurs before the expiration of any member's term of office shall be filled by appointment by the secretary for the unexpired term.
History: L. 1981, ch. 353, § 3; July 1.
(b) (1) "Provider" means any private or public treatment facility or any person or institution licensed or authorized to give care or treatment to anyone seeking its services for alcohol or other drug abuse.
(2) "Consumer" means any person receiving the services of a provider.
(3) "Consumer advocate" means any interested group or person promoting the treatment and prevention of alcohol or other drug abuse or any self-help group.
History: L. 1981, ch. 353, § 4; L. 1982, ch. 268, § 2; July 1.
History: L. 1981, ch. 353, § 5; July 1.
(b) The Kansas citizens' committee on alcohol and other drug abuse shall keep records and minutes of its business and official actions, which shall be filed with the secretary of social and rehabilitation services and be open to public inspection. The secretary shall provide to the committee all necessary clerical services.
The committee shall meet at least quarterly and special meetings of the committee may be called by the chairperson of the committee or by the secretary of social and rehabilitation services.
(c) The committee may adopt such bylaws, which are not in conflict with the provisions of this act, as may be necessary or desirable to regulate its procedures and actions.
History: L. 1981, ch. 353, § 6; July 1.
History: L. 1981, ch. 353, § 7; July 1.
History: L. 1982, ch. 309, § 1; L. 1986, ch. 341, § 2; Repealed, L. 1995, ch. 259, § 12; May 25.
History: L. 1982, ch. 309, § 2; L. 1986, ch. 341, § 3; L. 1990, ch. 150, § 10; Repealed, L. 1995, ch. 259, § 12; May 25.
History: L. 1982, ch. 309, § 3; L. 1984, ch. 333, § 1; L. 1986, ch. 341, § 1; L. 1990, ch. 149, § 13; Repealed, L. 1995, ch. 259, § 12; May 25.
History: L. 1986, ch. 341, § 4; Repealed, L. 1995, ch. 259, § 12; May 25.
(1) Advocate services affecting the deaf and hard of hearing in the areas of public services, health care, educational, vocational and employment opportunity;
(2) act as a bureau of information for the deaf and hard of hearing to state agencies and public institutions providing general health and mental health care, employment, vocational, and educational services, and to local agencies and programs;
(3) collect facts and statistics and other special studies of conditions affecting the health and welfare of the deaf and hard of hearing in this state;
(4) provide for a mutual exchange of ideas and information on the national, state and local levels;
(5) provide public education of prenatal and postnatal warning signs of conditions which may lead to deafness or hearing impairment in the fetus or newborn child;
(6) encourage and assist local governments in the development of programs for the deaf and hard of hearing;
(7) cooperate with public and private agencies and units of local, state and federal governments in promoting coordination in programs for the deaf and hard of hearing;
(8) provide for the social, emotional, educational and vocational needs of the deaf and hard of hearing and their families;
(9) serve as an advisory board to the governor on the needs of the deaf and hard of hearing by preparing an annual report which reviews the status of all state services to the deaf and hard of hearing within Kansas, and to recommend priorities to the governor for the development and coordination of services to the deaf and hard of hearing;
(10) make recommendations for needed improvements, and serve as an advisory board in regard to new legislation affecting the deaf and hard of hearing.
(b) Except as otherwise provided by this act, all budgeting, purchasing and related management functions of the Kansas commission for the deaf and hard of hearing shall be administered under the direction and supervision of the secretary of social and rehabilitation services. Within the limitations of available appropriations, the secretary of social and rehabilitation services shall provide additional clerical and other assistance as may be required for the commission.
History: L. 1982, ch. 308, § 1; L. 1984, ch. 334, § 2; L. 1992, ch. 162, § 1; April 30.
(1) Five ex officio members, the administrative head, or a designee, of (A) vocational rehabilitation services, (B) social services, (C) the department of health and environment, (D) the state board of education, and (E) the state school for the deaf.
(2) Twelve members appointed by the governor as follows: Six members who are deaf or hard of hearing persons, one of whom shall be representative of the Kansas association of the deaf; one member who is a speech language pathologist; one member from the state registry of interpreters for the deaf; one member who is a psychologist, nurse, teacher, rehabilitation counselor or social worker serving the deaf or hard of hearing; one member who is not deaf or hard of hearing and who is the parent of a deaf or hard of hearing person; one member who is a clinical audiologist; and one member who is a board-certified otolaryngologist.
(b) The members who were appointed by the governor and who are serving on the commission on the effective date of this act shall be reappointed as members of the commission on the effective date of this act in accordance with the following: Four members for a term of one year, four members for a term of two years, and four members for a term of three years, as designated by the governor. Thereafter members appointed by the governor shall serve on the commission for terms of three years and until their successors are appointed and qualified. In filling vacancies in the membership of the commission, the governor shall give preference to deaf or hard of hearing persons qualified to fill such vacancies. Upon a vacancy in an appointive position in the membership of the commission, the commission itself and the Kansas association of the deaf may each submit to the governor a list of deaf or hard of hearing persons deemed qualified to fill such vacancy, and the governor may fill such vacancy from among the persons on such lists.
(c) Any appointive position in the membership of the commission which becomes vacant prior to the expiration of a full term shall be filled only for the period of the unexpired term.
(d) The members of the commission shall elect a chairperson annually. The commission shall meet at the call of the chairperson, but no less than four times a year. The members shall elect other officers as deemed necessary, set duties of officers, and set procedures for conducting their meetings for the purposes designated in this act. A simple majority of the membership of the commission shall constitute a quorum.
(e) Members of the commission shall receive no compensation for their services. Ex officio members of the commission shall receive travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212, and amendments thereto, which shall be paid by the respective departments of such members. Appointed members of the commission shall receive travel expenses and subsistence expenses or allowances for attendance at meetings of the commission authorized by the chairperson or the commission as provided in K.S.A. 75-3212, and amendments thereto.
History: L. 1982, ch. 308, § 2; L. 1984, ch. 334, § 3; L. 1988, ch. 351, § 1; L. 1989, ch. 277, § 1; L. 1992, ch. 162, § 2; April 30.
(b) The executive director, with the advice and consent of the commission shall:
(1) Within the limitations of available appropriations, plan and oversee the establishment of service centers for the deaf and hard of hearing in areas where the commission deems they are needed and in concurrence with the secretary of social and rehabilitation services and in consultation with local boards of directors of community service centers and local groups promoting or providing services to the deaf or hard of hearing, or both;
(2) promote accessibility of all governmental services to deaf and hard of hearing citizens in Kansas including those deaf and hard of hearing persons with multiple disabilities;
(3) identify agencies, both public and private which provide community services, evaluate the extent to which they make services available to deaf and hard of hearing people and their families, and cooperate with the agencies in coordinating and extending these services;
(4) provide for the mutual exchange of ideas and information on services for deaf and hard of hearing people between federal, state and local governmental agencies and private organizations and individuals;
(5) survey the needs of the deaf and hard of hearing population in Kansas and assist the commission in the preparation of its report to the governor;
(6) maintain a listing of persons qualified in various types of interpreting and aural rehabilitation for the deaf and make this information available to local, state, federal and private organizations and to individuals;
(7) promote the training of interpreters for the deaf and hard of hearing;
(8) serve as an advocate for the rights of deaf and hard of hearing people and perform such other duties as may be required by law;
(9) provide interpreter services for the deaf and hard of hearing to be funded from user fees;
(10) provide a telecommunication message relay service for the deaf and hard of hearing;
(11) provide for a program of regulation and certification of interpreters; and
(12) employ such persons as may be needed from time to time, in the judgment of the executive director, to carry out the director's responsibilities under paragraphs (9), (10) and (11) of this subsection. Such employees shall be in the unclassified civil service and shall receive an annual salary to be fixed by the commission.
(c) In selecting an executive director, the commission shall select an individual who is fluent in the American sign language of the deaf and shall give consideration and priority to qualified applicants who are deaf or hard of hearing.
History: L. 1982, ch. 308, § 3; L. 1984, ch. 334, § 4; L. 1992, ch. 205, § 3; July 1.
History: L. 1982, ch. 308, § 4; L. 1984, ch. 334, § 5; L. 1992, ch. 162, § 4; April 30.
History: L. 1982, ch. 308, § 5; L. 1984, ch. 334, § 6; L. 1992, ch. 162, § 5; April 30.
History: L. 1982, ch. 308, § 6; L. 1984, ch. 334, § 7; L. 1992, ch. 162, § 6; April 30.
History: L. 1982, ch. 308, § 7; L. 1984, ch. 334, § 8; L. 1992, ch. 162, § 7; April 30.
(b) The secretary of social and rehabilitation services shall remit all moneys received by the commission for such services to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the SRS enterprise fund.
History: L. 1984, ch. 334, § 9; L. 1992, ch. 205, § 8; L. 1995, ch. 219, § 15; L. 2001, ch. 5, § 401; July 1.
(b) Whenever the Kansas commission for the deaf and hearing impaired, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the Kansas commission for the deaf and hard of hearing.
(c) All orders or directives of the Kansas commission for the deaf and hearing impaired in existence on the effective date of this act shall continue to be effective and shall be deemed to be the orders or directives of the Kansas commission for the deaf and hard of hearing until revised, amended, repealed or nullified pursuant to law.
(d) The Kansas commission for the deaf and hard of hearing shall be a continuation of the Kansas commission for the deaf and hearing impaired.
History: L. 1984, ch. 334, § 10; L. 1992, ch. 162, § 9; April 30.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History: L. 1984, ch. 334, § 11; L. 1992, ch. 162, § 10; April 30.
(b) The commission shall design and provide for the issuance of a symbol or other device that may be attached to a motor vehicle regularly operated by a deaf or hard of hearing person. The symbol may be attached to the lower left corner of the rear window of a motor vehicle, if the symbol does not exceed a width of five inches and a height of five inches; or the symbol may be attached to the rear bumper of a motor vehicle.
(c) A deaf or hard of hearing person may apply to the commission for the symbol or other device. The commission may require acceptable medical proof that a person is deaf or hard of hearing. The commission may collect a fee not to exceed $2 for each symbol or device.
(d) The commission may contract with a state or local agency for the distribution of the symbol or other device.
(e) The commission shall provide law enforcement agencies in the state an explanation of the meaning of the symbol to be issued by the commission prior to the issuance of such symbol.
History: L. 1988, ch. 37, § 1; L. 1992, ch. 162, § 11; April 30.
History: L. 1982, ch. 324, § 3; Repealed, L. 1995, ch. 259, § 12; May 25.
(a) "Individuals with disabilities" means individuals with mental retardation, hearing impairments including deafness, speech or language impairments, visual impairments including blindness, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments or specific learning disabilities.
(b) "Transition services" means a coordinated set of activities for a student, designed within an outcome-oriented process, which promotes movement from school to post-school activities, including post-secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living or community participation. The coordinated set of activities shall be based upon the individual student's needs, taking into account the student's preferences and interests, and shall include instruction, community experiences, the development of employment and other post-school adult living objectives and, when appropriate, acquisition of daily living skills and functional vocational evaluation.
(c) "Transition planning services" means rehabilitation counseling, information and referral to community services for students age 16 and older in secondary special education programs.
(d) "Local education authority" means the special education interlocal or cooperative or school district responsible for the local special education program.
(e) "Special education program" means services that are provided pursuant to public law 94-142 (the education of all handicapped children's act) as implemented in Kansas through K.S.A. 72-961 et seq., and amendments thereto, and public law 101-476 (the individuals with disabilities education act).
(f) "Secretary" means the secretary of social and rehabilitation services or the designee of the secretary.
(g) "Local transition council" means a representative group of persons with disabilities and their families, school personnel, adult service agency personnel and members of the general public such as employers which develops an annual plan to improve secondary special education, transition and transition planning services.
History: L. 1992, ch. 129, § 1; July 1.
History: L. 1992, ch. 129, § 2; July 1.
(b) Within 30 days after such notification, the secretary shall begin to prepare a case file on such person consisting of all available information relevant to the questions of whether such person has a disability and what services may be necessary or appropriate upon termination or graduation. The local education authority, with the consent of such person or the person's parent or guardian, shall provide the secretary with copies of relevant current portions of the record of such person, which shall be included in such person's case file. The secretary also shall provide an opportunity for the submission by or on behalf of such person, of information relative to such person's training needs and all information so provided shall be included in such person's case file.
History: L. 1992, ch. 129, § 3; July 1.
History: L. 1992, ch. 129, § 4; July 1.
(b) The secretary shall have access to any court orders or adjudications of any court of record, any records of such orders, adjudications, arrests, nonconvictions, convictions, expungements, juvenile records, juvenile expungements, diversions and any criminal history record information in the possession of the Kansas bureau of investigation concerning such employee or individual.
(c) If a nationwide criminal records check of all records noted above is necessary, as determined by the secretary, the secretary's request will be based on the submission of fingerprints to the Kansas bureau of investigation and the federal bureau of investigation for the identification of the individual and to obtain criminal history record information, including arrest and nonconviction data.
(d) Fees for such records checks shall be assessed to the secretary.
(e) Disclosure or use of any such information received by the secretary or a designee of the secretary or of any record containing such information, for any purpose other than that provided by this act is a class A misdemeanor and shall constitute grounds for removal from office or termination of employment. Nothing in this act shall be construed to make unlawful or prohibit the disclosure of any such information in a hearing or court proceeding involving programs administered by the secretary or prohibit the disclosure of any such information to the post auditor in accordance with and subject to the provisions of the legislative post audit act.
History: L. 2005, ch. 168, § 1; July 1.
(b) The purpose of the Kansas foster child educational assistance act is to establish an educational assistance program under which payment of the tuition and required fees charged to eligible foster children shall be waived.
History: L. 2006, ch. 132, § 1; L. 2007, ch. 94, § 1; July 1.
(a) "Kansas educational institution" means and includes any area vocational school, area vocational-technical school, community college, the municipal university, state educational institution or technical college.
(b) "Eligible foster child" means anyone: (1) Who (A) is in the custody of the secretary and in a foster care placement on the date such child attained 18 years of age, (B) has been released from the custody of the secretary prior to attaining 18 years of age, after having graduated from a high school or fulfilled the requirements for a general educational development (GED) certificate while in foster care placement and the custody of the secretary, (C) is adopted from a foster care placement on or after such child's 16th birthday, or (D) left a foster care placement subject to a guardianship under chapter 38 or 59 of the Kansas Statutes Annotated on or after such child's 16th birthday; and
(2) who enrolls in a Kansas educational institution on or after July 1, 2006.
(c) "Kansas foster child educational assistance program" or "program" means the program established pursuant to the provisions of the Kansas foster child educational assistance act which shall provide for undergraduate enrollment of eligible foster children through the semester the eligible foster child attains 23 years of age.
(d) "Educational program" means a program which is offered and maintained by a Kansas educational institution and leads to the award of a certificate, diploma or degree upon satisfactory completion of course work requirements.
(e) "Secretary" means the secretary of social and rehabilitation services.
History: L. 2006, ch. 132, § 2; July 1.
History: L. 2006, ch. 132, § 3; July 1.
(b) Notwithstanding the provisions of subsection (a) an eligible foster child shall not have waived the amount of tuition or required fees waived for any course repeated or taken in excess of the requirements for completion of the educational program in which such foster child is enrolled.
(c) Within the limits of appropriations available therefor, the secretary may make expenditures to reimburse each eligible foster child who is enrolled in a Kansas educational institution and who is participating in the program for room and board, technical equipment and course required books.
(d) Each eligible foster child who is enrolled in a Kansas educational institution and who is participating in the program shall be responsible for all fees charged by the Kansas educational institution that are not directly related to and required for the courses in the educational program of the eligible foster child.
History: L. 2006, ch. 132, § 4; L. 2007, ch. 94, § 2; July 1.
History: L. 2006, ch. 132, § 5; July 1.
History: L. 2006, ch. 132, § 6; July 1.
History: L. 2006, ch. 132, § 7; July 1.
History: L. 2006, ch. 132, § 8; July 1.
History: L. 2006, ch. 132, § 9; Repealed, L. 2007, ch. 94, § 3; July 1.
History: L. 2006, ch. 132, § 10; July 1.