North Dakota Administrative Code

members. 1. If the physical, cognitive, social, or emotional health capabilities of an applicant, operator, or staff member appears questionable, the department may require the individual to present evidence of the individual's ability to provide the required care based on a form…

1. The preschool must be properly lighted. If the lighting of the preschool appears questionable, the department may require the operator to obtain additional lights so that a minimum of sixty-five foot-candles of light is used in the areas generally used for children's activitie…

1. Prior to licensing, the operator shall establish a written policy governing the transportation of children to and from the preschool, if the preschool provides transportation. This policy must specify who is to provide transportation and how parental permission is to be obtain…

1. Each operator shall establish and post an emergency disaster plan for the safety of the children in care. Written disaster plans must be developed in cooperation with local emergency management agencies. The plan must include: a. Emergency procedures, including the availabilit…

1. The operator shall ensure that annual fire inspections are completed for the preschool by local or state fire authorities. The operator shall correct or have any code violations noted by the fire inspector corrected and shall file reports of the inspections and any corrections…

1. The operator shall ensure that the preschool's bathroom sinks, toilets, tables, chairs, and floors are cleaned daily. Cots and mats, if used, must be maintained in a clean, sanitary condition. 2. The operator shall ensure that the preschool's building, grounds, and equipment a…

1. Each preschool shall provide adequate indoor and outdoor space for the daily activities of all children for the licensed capacity of the preschool. 2. Adequate space must include a minimum of thirty-five square feet [3.25 square meters] of indoor space per child. Indoor space …

1. A preschool must have a written curriculum which describes the preschool's philosophy, goals, objectives, program, and a program evaluation process. a. The curriculum must promote cognitive, social, emotional, and physical growth of children in care. b. The curriculum must be …

1. An operator shall serve a nutritious snack on a regular basis to children in care for more than two and one-half hours. 2. If the operator is responsible for providing food to children, the food supplied must meet United States department of agriculture standards and must be p…

1. The operator shall keep a copy of this chapter on the premises of the preschool and shall make it available to staff members at all times. 2. The operator shall maintain the following records: a. The child's full name, birth date, current home address, legal names of the child…

Disregard of any of the following disciplinary rules or any disciplinary measure resulting in physical or emotional injury, neglect, or abuse to any child is grounds for license denial or revocation: 1. The preschool must have a written policy regarding the discipline of children…

CHAPTER 75-03-11 PRESCHOOL EARLY CHILDHOOD SERVICES Section 75-03-11-01 Purpose [Repealed] 75-03-11-02 Authority and Objective [Repealed] 75-03-11-03 Definitions 75-03-11-04 Effect of Licensing and Display of License 75-03-11-05 Denial or Revocation of License 75-03-11-06 Provisi…

The operator shall make appropriate accommodations, as required by the Americans with Disabilities Act, to meet the needs of children with special needs. The operator shall receive documentation of the child's special needs from the parent upon the child's enrollment. 1. When a c…

The preschool must have written plans to respond to illness and emergencies including burns, serious injury, and ingestion of poison. The operator shall ensure that parents of enrolled children are advised of these plans. Plans must: 1. Establish emergency response procedures; 2.…

1. An applicant, operator, or director may not be, and a preschool may not employ or allow, in any capacity that involves or permits contact between the teacher, assistant, emergency designee, staff member, or household member, and any child cared for by the preschool, an operato…

An owner and operator shall ensure safe care for the children receiving services in the preschool. 1. If a confirmed decision made under North Dakota Century Code chapter 50-25.1 or a similar finding in another jurisdiction which requires proof of substantially similar elements e…

1. Within ten business days of mailing or within three days of electronic transmission of the correction order, the owner shall notify the parents of each child enrolled in the preschool that a correction order has been issued. In addition to providing notice to the parent of eac…

1. The department shall assess a fiscal sanction of twenty-five dollars per day for each violation of North Dakota Century Code chapter 50-11.1; subsection 13 of section 75-03-11-08; or section 75-03-11-09, 75-03-11-13, 75-03-11-17, 75-03-11-18, or 75-03-11-19 for each day that t…

An applicant or operator may appeal a decision to deny or revoke a license by filing a written appeal with the department. The appeal must be postmarked or received by the department within ten calendar days of the applicant's or operator's receipt of written notice of the decisi…

CHAPTER 75-03-11.1 SCHOOL-AGE CHILD CARE PROGRAM EARLY CHILDHOOD SERVICES Section 75-03-11.1-01 [Reserved] 75-03-11.1-02 [Reserved] 75-03-11.1-03 Definitions 75-03-11.1-04 Effect of Licensing and Display of License 75-03-11.1-05 Denial or Revocation of License 75-03-11.1-06 Provi…

CHAPTER 75-03-11.1 SCHOOL-AGE CHILD CARE PROGRAM EARLY CHILDHOOD SERVICES Section 75-03-11.1-01 [Reserved] 75-03-11.1-02 [Reserved] 75-03-11.1-03 Definitions 75-03-11.1-04 Effect of Licensing and Display of License 75-03-11.1-05 Denial or Revocation of License 75-03-11.1-06 Provi…

The terms used in this chapter have the same meanings as in North Dakota Century Code section 50-11.1-02. In addition, as used in this chapter, unless the context or subject matter otherwise requires: 1 1. "Annual" is defined as the provider's licensing year. 2. "Application" mea…

1. The issuance of a license to operate a school-age child care program is evidence of compliance with the standards contained in this chapter and North Dakota Century Code chapter 50-11.1 at the time of licensure. 2. The current license must be displayed prominently in the premi…

1. The department may deny or revoke a license under the terms and conditions of North Dakota Century Code sections 50-11.1-04, 50-11.1-06.2, 50-11.1-09, and 50-11.1-10. 2. If an operator appeals an action to revoke a license, the operator may continue the operation of the school…

1. The department may issue a provisional license for the operation of a school-age child care program although the applicant or owner fails to, or is unable to, comply with all applicable standards and rules of the department. 2. A provisional license must: a. State that the own…

The department may issue a restricted license: 1. To restrict an individual's presence when children are in care; 2. To restrict a pet or animal from areas accessible to children; or 3. When necessary to inform parents that the owner is licensed, but is restricted to operating in…

license. 1. An applicant shall submit an application for a license to the department. Application must be made in the form and manner prescribed by the department. 2. A license issued under this chapter is nontransferable and is valid only for the premises indicated on the licens…

The operator of a school-age child care program is responsible for compliance with the requirements set forth in this chapter and North Dakota Century Code chapter 50-11.1. The operator: 1. Shall designate a qualified director, shall delegate appropriate duties to the director, a…

A director shall: 1. Be an adult of good physical, cognitive, social, and emotional health, and shall use mature judgment when making decisions impacting the quality of child care; 2. Possess knowledge and experience in management and interpersonal relationships; 3. Hold at least…

The school-age child care program director, in collaboration with the school-age child care program operator, shall: 1. Plan, supervise, and conduct daily activities in the school-age child care program; 2. Maintain enrollment, health, attendance, and other required records; 3. S…

1. A supervisor shall hold at least one of the following qualifications: a. An associate degree in the field of early childhood development or elementary education, or a secondary degree with an emphasis on middle school or junior high training; b. Current certification as a chil…

responsible for caring for or teaching children. 1. Each staff member shall be at least sixteen years of age, shall be an individual of good physical, cognitive, social, and emotional health, and shall use mature judgment when making decisions impacting the quality of child care.…

If a volunteer is providing child care, the volunteer shall meet the qualifications of a staff member responsible for caring for or teaching children and shall receive orientation for all assigned tasks. History: Effective January 1, 1999; amended effective January 1, 2011. Gener…

The supervisor, in collaboration with the director, shall: 1. Communicate with parents about the individual needs of their children, including any special concerns the parents may have; 2. Plan daily and weekly schedules of activities and make those plans available to parents; an…

1. The number of staff members responsible for caring for or teaching children and their responsibilities must reflect program requirements and individual differences in the needs of the children enrolled, and may permit mixed groups, if necessary. Service personnel engaged in ho…

CHAPTER 75-03-11.1 SCHOOL-AGE CHILD CARE PROGRAM EARLY CHILDHOOD SERVICES Section 75-03-11.1-01 [Reserved] 75-03-11.1-02 [Reserved] 75-03-11.1-03 Definitions 75-03-11.1-04 Effect of Licensing and Display of License 75-03-11.1-05 Denial or Revocation of License 75-03-11.1-06 Provi…

CHAPTER 75-03-11.1 SCHOOL-AGE CHILD CARE PROGRAM EARLY CHILDHOOD SERVICES Section 75-03-11.1-01 [Reserved] 75-03-11.1-02 [Reserved] 75-03-11.1-03 Definitions 75-03-11.1-04 Effect of Licensing and Display of License 75-03-11.1-05 Denial or Revocation of License 75-03-11.1-06 Provi…

CHAPTER 75-03-11.1 SCHOOL-AGE CHILD CARE PROGRAM EARLY CHILDHOOD SERVICES Section 75-03-11.1-01 [Reserved] 75-03-11.1-02 [Reserved] 75-03-11.1-03 Definitions 75-03-11.1-04 Effect of Licensing and Display of License 75-03-11.1-05 Denial or Revocation of License 75-03-11.1-06 Provi…

members. 1. If the physical, cognitive, social, or emotional health capabilities of an applicant, operator, or staff member appear questionable, the department may require the individual to present evidence of the individual's ability to provide the required care based on a forma…

CHAPTER 75-03-11.1 SCHOOL-AGE CHILD CARE PROGRAM EARLY CHILDHOOD SERVICES Section 75-03-11.1-01 [Reserved] 75-03-11.1-02 [Reserved] 75-03-11.1-03 Definitions 75-03-11.1-04 Effect of Licensing and Display of License 75-03-11.1-05 Denial or Revocation of License 75-03-11.1-06 Provi…

1. The operator shall establish a written policy governing the transportation of children to and from the school-age child care program, if the school-age child care program provides transportation. This policy must specify who is to provide transportation and how parental permis…

1. The operator shall establish and post an emergency disaster plan for the safety of the children in care. The operator shall develop written disaster plans in cooperation with local emergency management agencies. The plan must include: a. Emergency procedures, including the ava…

1. The operator shall ensure that annual fire inspections are completed by local or state fire authorities. The operator shall correct or have corrected any code violations noted by the fire inspector and shall file reports of the inspections and any corrections with the departme…

1. The operator shall ensure that school-age child care programs for more than thirty children, where meals are prepared, comply with the public health division of the department child care food service establishment license requirements pursuant to North Dakota Century Code chap…

1. Each school-age child care program shall provide adequate indoor and outdoor space for the daily activities of all children within the licensed capacity of the school-age child care program. 2. Adequate space must include a minimum of thirty-five square feet [3.25 square meter…

1. The school-age child care program operator shall have a plan of daily individual or small group activities appropriate to the ages and needs of the children in the school-age child care program. The plan must include activities which foster sound social, cognitive, emotional, …

1. When the operator is responsible for providing food to children, the food supplied must meet United States department of agriculture standards, and must be properly prepared, sufficient in amount, nutritious, varied according to diets of the children enrolled, and served at ap…

1. The operator shall keep a copy of this chapter on the premises of the school-age child care program and shall make it available to staff members at all times. 2. The operator shall maintain the following records and shall keep copies at the school age program premises where th…

Disregard of any of the following disciplinary rules or disciplinary measure resulting in physical or emotional injury, neglect, or abuse to any child is grounds for license denial or revocation. 1. The school-age child care program must have a written policy regarding the discip…

1. Night care. a. Any school-age child care program offering night care shall provide program modifications for the needs of children and their parents during the night; b. In consultation with parents, attention must be given by the staff member responsible for caring for or tea…