The duty of the local health officer includes conducting a sanitary inspection of K-12 public and private school buildings and grounds to protect the public health of students. K.S.A. 65-202 does not indicate what constitutes a sanitary inspection; therefore, each local health officer has discretion to determine what specific sanitary issues the local health officer should look for during this inspection. Colleges and universities are excluded from inspection based on Kansas Attorney General Opinion 93-79.
With regard to liability of failure to make an inspection, counties and county employees are covered by the Kansas Tort Claims Act. While there may be exemptions from liability contained within K.S.A. 75-6104 that may be applicable to the making of or failure to make an inspection, local health officers should consult with their county counselors to determine to what extent they are protected by the Tort Claims Act or what liability they risk by failing to make an inspection required under K.S.A. 65-202.