reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-27 - Effect of conviction on licensure and employment

Current through Supplement No. 393, July, 2024
1. An applicant, operator, director, or
				supervisor may not be, and a child care center may not employ or allow, in any
				capacity that involves or permits contact between the emergency designee,
				substitute staff member, or staff member and any child cared for by the child
				care center, an operator, emergency designee, substitute staff member,
				director, supervisor, or staff member who has been found guilty of, pled guilty
				to, or pled no contest to:
a. An offense
				described in North Dakota Century Code chapter 12.1-16, homicide; 12.1-18,
				kidnapping; 12.1-27.2, sexual performances by children; or 12.1-41, Uniform Act
				on Prevention of and Remedies for Human Trafficking; or in North Dakota Century
				Code section 12.1-17-01, simple assault; 12.1-17-01.1, assault; 12.1-17-01.2,
				domestic violence; 12.1-17-02, aggravated assault; 12.1-17-03, reckless
				endangerment; 12.1-17-04, terrorizing; 12.1-17-06, criminal coercion;
				12.1-17-07, harassment; 12.1-17-07.1, stalking; 12.1-17-12, assault or homicide
				while fleeing a police officer; 12.1-20-03, gross sexual imposition;
				12.1-20-03.1, continuous sexual abuse of child; 12.1-20-04, sexual imposition;
				12.1-20-05, corruption or solicitation of minors; 12.1-20-05.1, luring minors
				by computer or other electronic means; 12.1-20-06, sexual abuse of wards;
				12.1-20-07, sexual assault; 12.1-21-01, arson; 12.1-22-01, robbery; 12.1-22-02,
				burglary, if a class B felony under subdivision b of subsection 2 of that
				section; 12.1-29-01, promoting prostitution; 12.1-29-02, facilitating
				prostitution; 12.1-31-05, child procurement; 14-09-22, abuse of child; or
				14-09-22.1, neglect of child;
b. An
				offense under the laws of another jurisdiction which requires proof of
				substantially similar elements as required for conviction under any of the
				offenses identified in subdivision a; or
c. An offense other than an offense
				identified in subdivision a or b, if the department in the case of a child care
				center applicant, operator, director, or supervisor, or the operator in the
				case of an emergency designee, substitute staff, or staff member, determines
				that the individual has not been sufficiently rehabilitated. An offender's
				completion of a period of five years after final discharge or release from any
				term of probation, parole, or other form of community corrections or
				imprisonment, without subsequent charge or conviction, is prima facie evidence
				of sufficient rehabilitation.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-28 - Child abuse and neglect decisions

Current through Supplement No. 393, July, 2024
An owner and operator shall ensure safe care for the children
				  receiving services in the child care center.
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 exists,
				indicating that a child has been abused or neglected by an applicant, owner,
				operator, director, supervisor, emergency designee, substitute staff member, or
				staff member, that decision has a direct bearing on the applicant's, owner, or
				operator's ability to serve the public in a capacity involving the provisions
				of child care and the application or license may be denied or revoked. If a
				confirmed determination under North Dakota Century Code chapter 50-25.1 or a
				similar finding in another jurisdiction which requires proof of substantially
				similar elements exists indicating that any child has been abused or neglected
				by the applicant, owner, operator, director, supervisor, emergency designee,
				substitute staff member, or staff member, the applicant or operator shall
				furnish information satisfactory to the department, from which the department
				can determine the applicant's, owner, operator's, director's, supervisor's,
				emergency designee's, substitute staff member's, or staff member's ability to
				provide care that is free of abuse and neglect. The department shall furnish
				the determination of current ability to the applicant or operator.
2. Each applicant, owner, operator, director,
				supervisor, emergency designee, substitute staff member, and staff member shall
				complete, and the operator shall submit to the department, a
				department-approved authorization for background check form no later than the
				first day of employment.
General Authority:
NDCC 50-11.1-08
Law Implemented:
NDCC 50-11.1-01, 50-11.1-04,
					 50-11.1-07, 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-29 - Correction of violations

Current through Supplement No. 393, July, 2024
1. Within
				ten business days of mailing or three days of electronic transmission of the
				correction order, the owner shall notify the parents of each child receiving
				care at the child care center that a correction order has been issued. In
				addition to providing notice to the parent of each child, the owner shall post
				the correction order in a conspicuous location within the child care center
				until the violation has been corrected or for five days, whichever is
				longer.
2. Violations noted in a
				correction order must be corrected:
a. For a
				violation of North Dakota Century Code section 50-11.1-02.2; section
				75-03-10-04 or
				75-03-10-08; subsection 12 of
				section 75-03-10-09; subdivision e of
				subsection 1 of section
				75-03-10-12; subsection 3 of
				section 75-03-10-12; subsection 3, 6, 9,
				or 10 of section
				75-03-10-18; section
				75-03-10-23; or subsection 1 of
				section 75-03-10-24, within twenty-four
				hours;
b. For a violation requiring
				the hiring of a child care supervisor with those qualifications set forth in
				section 75-03-10-11.1, or a child care
				center director with those qualifications set forth in section
				75-03-10-10, within sixty
				days;
c. For a violation that
				requires an inspection by a state fire marshal or local fire department
				authority pursuant to section
				75-03-10-17, within sixty
				days;
d. For a violation that
				requires substantial building remodeling, construction, or change, within sixty
				days; and
e. For all other
				violations, within twenty days.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-30 - Fiscal sanctions

Current through Supplement No. 393, July, 2024
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 2 of section
				75-03-10-08;
				subsection 12 of section
				75-03-10-09;
				section
				75-03-10-17;
				subsection 6, 9, or 13 of section
				75-03-10-18;
				or section
				75-03-10-19,
				75-03-10-23,
				75-03-10-27,
				or
				75-03-10-28,
				for each day that the operator has not verified correction after the allowable
				time for correction of violations ends.
2. The department shall assess a fiscal
				sanction of fifteen dollars per day for each violation of section
				75-03-10-10,
				75-03-10-12,
				or
				75-03-10-15;
				subsection 2, 3, 4, 7, 8, 11, or 19 of section
				75-03-10-18;
				subsection 3, 8, or 19 of section
				75-03-10-20;
				or subdivision a of subsection 1 of section
				75-03-10-24,
				for each day that the operator has not verified correction after the allowable
				time for correction of violations ends.
3. The department shall assess a fiscal
				sanction of five dollars per day for each violation of any other provision of
				this chapter, for each day that the operator has not verified correction after
				the allowable time for correction of violations ends.
General Authority:
NDCC 50-11.1-08
Law Implemented:
NDCC 50-11.1-01,
					 50-11.1-07.4, 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-10 - Child Care Center Early Childhood Services › Section 75-03-10-31 - Appeals

Current through Supplement No. 393, July, 2024
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 decision to deny
				  or revoke the license. Upon receipt of a timely appeal, an administrative
				  hearing must be conducted in the manner provided in chapter 75-01-03.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-08,
					 50-11.1-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-03 - Definitions

Current through Supplement No. 393, July, 2024
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. "Annual" is defined as the provider's
				licensing year.
2. "Application"
				means all forms the department requires when applying or reapplying for a
				license.
3. "Aquatic activity"
				means an activity in or on a body of water, either natural or manmade,
				including rivers, lakes, streams, swimming pools, and water slides.
4. "Assistant" means any individual who works
				directly with children in a preschool under the supervision of a teacher or a
				director.
5. "Attendance" means the
				total number of children present at any one time at the facility.
6. "Child with special needs" means a child
				whose medical providers have determined that the child has or is at risk for
				chronic physical, developmental, behavioral, or emotional conditions.
7. "Director" means an individual responsible
				for supervising and organizing program activities in a preschool.
8. "Emergency designee" means an individual
				designated by the operator to be a backup staff member for emergency assistance
				or to provide substitute care.
9.
				"Medication" means any drug or remedy which is taken internally or orally,
				inhaled, or applied topically.
10.
				"Operator" means the person that has operational responsibility for the early
				childhood program and premises at which the early childhood service
				operates.
11. "Owner" means the
				person who has legal responsibility for the early childhood program and
				premises at which the early childhood service operates.
12. "Substitute staff" means staff who work
				less than thirty-two hours per month, and are not regularly scheduled for
				work.
13. "Teacher" means an
				individual with the responsibility of implementing program activities, either
				as the director or under the supervision of the director.
14. "Volunteer" means an individual who
				visits or provides an unpaid service or visit, including a firefighter for fire
				safety week, a practicum student, or a foster grandparent.
General Authority:
NDCC 50-11.1-08
Law Implemented:
NDCC
					 50-11.1-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-04 - Effect of licensing and display of license

Current through Supplement No. 393, July, 2024
1. The issuance of a license to operate a
				preschool 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 premises to which it applies.
3. The license must specify the maximum
				number of children for whom the preschool may provide care. The preschool may
				not admit a greater number of children than the license allows.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-03,
					 50-11.1-04
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-05 - Denial or revocation of license

Current through Supplement No. 393, July, 2024
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 applicant or operator appeals an
				action to revoke a license, the operator may continue the operation of the
				preschool pending the final administrative determination or until the license
				expires, whichever occurs first; provided, however, that this subsection does
				not limit the actions the department may take pursuant to North Dakota Century
				Code sections
				50-11.1-07.8 and
				50-11.1-12.
3. The department may revoke a license to
				operate a preschool without first issuing a correction order or simultaneously
				with a suspension if continued operation would jeopardize the health and safety
				of the children present or would violate North Dakota Century Code section
				50-11.1-09.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-04,
					 50-11.1-06.2,
					 50-11.1-07,
					 50-11.1-08,
					 50-11.1-09,
					 50-11.1-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-06 - Provisional license

Current through Supplement No. 393, July, 2024
1. The department
				may issue a provisional license for the operation of a preschool although the
				preschool educational facility 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 owner has failed to comply
				with all applicable standards and rules of the department;
b. State the items of
				noncompliance;
c. Expire at a set
				date, not to exceed six months from the date of issuance; and
d. Be exchanged for an unrestricted license,
				which bears an expiration date of one year from the date of issuance of the
				provisional license, after the applicant or owner demonstrates compliance,
				satisfactory to the department, with all applicable standards and
				rules.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-06.1 - Restricted license

Current through Supplement No. 393, July, 2024
The department may issue a restricted license:
1. To restrict an individual's presence when
				children are in child care;
2. To
				restrict a pet or animal from areas accessible to children; or
3. When necessary to inform the parents that
				the owner is licensed, but is restricted to operating in certain rooms or
				floors or restricted from using specific outdoor space.
General Authority:
NDCC 50-11.1-08
Law Implemented:
NDCC
					 50-11.1-04
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-07 - Application for and nontransferability of preschool license

Current through Supplement No. 393, July, 2024
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 valid only for the premises indicated on the license. An
				application for a new license must be filed upon change of owner or
				location.
3. The department may not
				issue more than one in-home registration, self-declaration, or license per
				residence. A residence means real property that is typically used as a single
				family dwelling.
General Authority:
NDCC 50-11.1-08
Law Implemented:
NDCC 50-11.1-03, 50-11.1-04,
					 50-11.1-06.2, 50-11.1-07, 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-08 - Duties of preschool operator

Current through Supplement No. 393, July, 2024
The operator of a preschool is responsible for compliance
				  with the requirements set forth in this chapter and North Dakota Century Code
				  chapter 50-11.1. The operator shall:
1. Designate a qualified director, delegate
				appropriate duties to the director, and shall:
a. Ensure that the preschool director or
				designated acting director is present at the preschool at least sixty percent
				of the time that the preschool is open;
b. Ensure that the individual designated as
				an acting director for an ongoing period of more than thirty days meets the
				qualifications of a preschool director; and
c. Ensure that the individual designated as a
				teacher for more than thirty-two hours per month meets the qualifications of a
				preschool teacher;
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-08.1 - Minimum qualifications of a preschool director

Current through Supplement No. 393, July, 2024
1. A preschool
				director shall 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. The
				director shall hold at least one of the following qualifications, in addition
				to those set out in subsection 1:
a. A
				bachelor's degree in the field of early childhood education with eight or more
				weeks of supervised student teaching experience in a preschool or similar
				setting;
b. A bachelor's degree
				with at least six months of experience in a preschool or similar setting and
				one of the following:
(1) Eight semester
				hours or twelve quarter hours of department-approved early childhood education
				or child development;
(2) One
				hundred twenty hours of department-approved early childhood training;
				or
(3) A director's credential
				approved by the department;
c. An associate degree in the field of early
				childhood education or child development with at least six months of experience
				in a preschool or similar setting;
d. An associate's degree with at least one
				year of experience in a preschool or similar setting and one of the following:
(1) Eight semester hours or twelve quarter
				hours of department-approved early childhood education or child
				development;
(2) One hundred twenty
				hours of department-approved early childhood training; or
(3) A director's credential approved by the
				department;
e. Current
				certification as a child development associate or similar status, with at least
				one year of experience in a preschool or similar setting; or
f. Certification from a Montessori teacher
				training program with at least one year of experience in a Montessori school,
				preschool, or similar setting.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-08.2 - Minimum qualifications of a preschool teacher

Current through Supplement No. 393, July, 2024
A teacher 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 and early childhood education.
2. Hold at least one of the following
				qualifications:
a. A bachelor's degree with at
				least eight semester hours or twelve quarter hours of department-approved early
				childhood education or child development;
b. A teaching certificate in elementary
				education or kindergarten endorsement;
c. An associate's degree in the field of
				early childhood education or child development;
d. An associate's degree with at least one
				year of experience in a preschool or similar setting and one of the following:
(1) Eight semester hours or twelve quarter
				hours of department-approved early childhood education or child development;
				or
(2) One hundred twenty hours of
				department-approved early childhood training;
e. Current certification as a child
				development associate or similar status; or
f. Certification from a Montessori teacher
				training program.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-08.3 - Minimum qualifications of a preschool assistant

Current through Supplement No. 393, July, 2024
Each assistant shall:
1. Be an individual of good physical,
				cognitive, social, and emotional health and use mature judgment when making
				decisions impacting the quality of child care and early education.
2. Hold either a high school diploma or a
				high school equivalency.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-04,
					 50-11.1-07,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-09 - Staffing requirements

Current through Supplement No. 393, July, 2024
1. The number of
				staff members and their responsibilities must reflect program requirements and
				individual differences in the needs of the children enrolled, and may permit
				mixed-age groups, if necessary. Service personnel engaged in housekeeping and
				food preparations may not be counted in the child to staff member ratio for
				periods of time when they are engaged in housekeeping or food
				preparation.
2. The minimum ratio
				of staff members responsible for caring for or teaching children to children in
				preschool must be:
a. If all children in care
				are children two years of age to three years of age, one staff member may care
				for six children, a ratio of .167 in decimal form.
b. If all children in care are children three
				years of age to four years of age, one staff member may care for eleven
				children, a ratio of .09 in decimal form.
c. If all children in care are children four
				years of age to five years of age, one staff member may care for thirteen
				children, a ratio of .077 in decimal form.
d. If all children in care are children five
				years of age to six years of age, one staff member may care for sixteen
				children, a ratio of .063 in decimal form.
e. There must be at least one director or
				teacher, in addition to at least one staff member responsible for caring for or
				teaching children, per group of ten children, if the group includes children
				two years old.
f. There must be at
				least one director or teacher, in addition to at least one staff member
				responsible for caring for or teaching children, per group of twenty children,
				if the group includes children three years old.
g. There must be at least one director or
				teacher, in addition to at least one staff member responsible for caring for or
				teaching children, per group of twenty-four children, ages four to
				six.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-10 - Duties of a preschool director

Current through Supplement No. 393, July, 2024
The director, in collaboration with the operator,
				  shall:
1. Implement policies and
				procedures for maintaining compliance with licensing rules;
2. Maintain required enrollment, attendance,
				health, and other required records;
3. Screen, schedule, supervise, and be
				responsible for the conduct of staff members while the staff members are on
				duty;
4. Ensure safe care for the
				children under supervision. Supervision means a staff member responsible for
				caring for or teaching children being within sight or hearing range of each
				child at all times so the staff member is capable of intervening to protect the
				health and safety of the child;
5.
				Ensure all staff responsible for caring for or teaching children receive
				orientation to the preschool during the first week of employment. The
				orientation must be documented on an orientation certification form and must
				address the following:
a. Emergency health,
				fire, and safety procedures;
b. The
				importance of handwashing and sanitation procedures to reduce the spread of
				infection and disease among children and staff members;
c. Any special health or nutrition
				instructions of the children assigned to the staff member;
d. Any special needs of the children assigned
				to the staff member;
e. The planned
				program of activities at the preschool;
f. Rules and policies of the preschool;
				and
g. Child abuse and neglect
				reporting laws; and
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-11 - Duties of a preschool teacher

Current through Supplement No. 393, July, 2024
A teacher, 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; and
3. Ensure that the program
				policies are adhered to in the class or group assigned to the teacher.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-04,
					 50-11.1-07,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-12 - Minimum qualifications of volunteers

Current through Supplement No. 393, July, 2024
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 must receive orientation for all assigned tasks.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-04,
					 50-11.1-07,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-13 - Minimum health and training requirements for applicants, operators, and staff members

Current through Supplement No. 393, July, 2024
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 formal evaluation. The department is not responsible for the costs
				of any required evaluation.
2. A
				staff member or household member may not use or be under the influence of any
				alcoholic beverages or illegal drugs while children are in care.
3. A staff member may not place a child in an
				environment that is harmful or dangerous to the child's physical, cognitive,
				social, or emotional health.
4. All
				staff members responsible for caring for or teaching children shall certify
				completion of department-approved training related to child care annually.
a. A staff member working thirty or more
				hours per week shall certify a minimum of thirteen hours of department-approved
				training annually.
b. A staff
				member working fewer than thirty hours and at least twenty hours per week shall
				certify a minimum of eleven hours of department-approved training
				annually.
c. A staff member working
				fewer than twenty hours and at least ten hours a week shall certify a minimum
				of nine hours of department-approved training annually.
d. A staff member working fewer than ten
				hours per week shall certify a minimum of seven hours of department-approved
				training annually.
e. A staff
				member shall complete one hour of department-approved mandated reporter of
				suspected child abuse or neglect training.
f. The same training courses may be counted
				toward licensing annual requirements only if at least three years has passed
				since the last completion date of that training course, with the exception of
				subdivision e.
g. Substitute staff
				and emergency designees are exempt from the annual training requirement with
				the exception of subdivision e.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-14 - Minimum requirements for facility

Current through Supplement No. 393, July, 2024
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 activities.
2. Water supply.
a. The operator shall ensure that the
				preschool has a drinking water supply from an approved community water system
				or from a source tested and approved annually by the state department of
				health;
b. Drinking water must be
				easily accessible to the children and must be provided by either an angle-jet
				drinking fountain with mouthguard or by a running water supply with individual
				single-service drinking cups; and
c. The preschool must have hot and cold
				running water. The water in the faucets used by children must not exceed one
				hundred twenty degrees Fahrenheit [49.2 degrees Celsius].
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-15 - Minimum standards for provision of transportation

Current through Supplement No. 393, July, 2024
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
				obtained for activities which occur outside the preschool. If the preschool
				provides transportation, the operator shall inform the parents of any insurance
				coverage on the vehicles. Any vehicle used for transporting children must be in
				safe operating condition and in compliance with state and local laws.
2. When transportation is provided
				by a preschool, children must be protected by adequate staff member
				supervision, safety precautions, and liability insurance.
a. Staffing requirements must be maintained
				to assure the safety of children while being transported.
b. A child may not be left unattended in a
				vehicle.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-16 - Minimum emergency evacuation and disaster plan

Current through Supplement No. 393, July, 2024
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
				availability of emergency food, water, and first-aid supplies;
b. Procedures for evacuation, relocation,
				shelter-in-place, and lockdown;
c.
				Communications and reunification with families;
d. Continuity of operations; and
e. Accommodations for infants, toddlers,
				children with disabilities, and children with chronic medical
				conditions.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-17 - Fire inspections

Current through Supplement No. 393, July, 2024
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 with the department.
2. The operator shall ensure that the
				preschool is equipped with sufficient smoke detectors and fire extinguishers,
				as recommended by the local fire department or state fire marshal.
3. The operator shall provide:
a. The fire inspector's written statement of
				compliance with the local fire code; or
b. The fire inspector's written statement
				that the preschool has been inspected and that the inspector is satisfied that
				the preschool meets the minimum fire and safety standards.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-19 - Minimum requirements regarding space

Current through Supplement No. 393, July, 2024
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 considered must exclude bathrooms, pantries, passageways leading to
				outdoor exits, areas occupied by furniture or appliances that children should
				not play on or under, and space children are not permitted to occupy.
3. There must be a minimum of seventy-five
				square feet [6.97 square meters] of appropriate outdoor play space per child
				for the preschool. If available outdoor play space does not accommodate the
				licensed capacity of the preschool at one time, the total appropriate outdoor
				play space available must be no less than the number of children in the largest
				class or group of the preschool multiplied by seventy-five square feet [6.97
				square meters]. Operators who provide seventy-five square feet [6.97 square
				meters] of separate indoor recreation space per child for the largest class or
				group are exempt from the outdoor space requirement. The operator shall prepare
				a written schedule of outdoor or separate indoor recreation space playtime
				which limits the use of the play area to its capacity, giving each class or
				group an opportunity to play daily.
4. An owner holding a current license under
				this chapter on or before January 1, 2022, is exempt from subsection 3 unless
				the owner's license lapses for more than six months.
General Authority:
NDCC 50-11.1-08
Law Implemented:
NDCC 50-11.1-01, 50-11.1-04,
					 50-11.1-07, 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-20 - Program requirements

Current through Supplement No. 393, July, 2024
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 based on the
				developmental levels and needs of children enrolled.
c. The curriculum must provide for daily
				outdoor play.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-21 - Minimum standards for the provision of snacks

Current through Supplement No. 393, July, 2024
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 properly prepared,
				sufficient in amount, nutritious, varied according to diets of the children
				enrolled, and served at appropriate hours. Food that is prepared, served, or
				stored in a preschool must be treated in a sanitary and safe manner with
				sanitary and safe equipment.
3. The
				operator shall serve snacks and meals to children in a manner commensurate with
				the child's age, using appropriate foods, portions, dishes, and eating
				utensils.
4. The operator or staff
				member may encourage children to eat the food served, but the operator or staff
				member may not coerce or force-feed children.
General Authority:
NDCC 50-11.1-08
Law Implemented:
NDCC 50-11.1-01, 50-11.1-04,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-22 - Records

Current through Supplement No. 393, July, 2024
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's parents, and current
				business and personal telephone numbers where they can be reached;
b. A written statement from the parents
				authorizing emergency medical care;
c. Names and telephone numbers of individuals
				who may assume responsibility for the child if the individuals legally
				responsible for the child cannot be reached immediately in an
				emergency;
d. Names and telephone
				numbers of individuals authorized to take the child from the
				preschool;
e. Verification that the
				child has received all immunizations appropriate for the child's age, as
				prescribed by the public health division of the department, or have on file a
				document citing that the child is medically exempt or exempt from immunizations
				based on religious, philosophical, or moral beliefs; and
f. A current health assessment or a health
				assessment statement completed by the parent, obtained at the time of initial
				enrollment of the child which must indicate any special precautions for diet,
				medication, or activity. This assessment must be completed annually.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-23 - Discipline - Punishment prohibited

Current through Supplement No. 393, July, 2024
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. The operator shall provide the policy to,
				and discuss the policy with, staff members responsible for caring for or
				teaching children before the preschool begins operation or before staff members
				begin working with children.
2.
				Discipline must be constructive or educational in nature and may include
				diversion, separation from the problem situation, talking with the child about
				the situation, praising appropriate behavior, or gentle physical restraint,
				such as holding. A child may not be subjected to physical harm, fear, or
				humiliation.
3. Authority to
				discipline may not be delegated to children nor may discipline be administered
				by children.
4. Separation, when
				used as discipline, must be appropriate to the child's development and
				circumstances. The child must be in a safe, lighted, well-ventilated room
				within sight or hearing range of a staff member responsible for caring for or
				teaching children. A staff member may not isolate a child in a locked room or
				closet.
5. A child may not be
				punished for lapses in toilet training.
6. A staff member may not use verbal abuse or
				make derogatory remarks about a child, or a child's family, race, or religion
				when addressing the child or in the presence of other children.
7. A staff member may not use profane,
				threatening, unduly loud, or abusive language in the presence of a
				child.
8. A staff member may not
				force-feed a child or coerce a child to eat unless medically prescribed and
				administered under a medical provider's care.
9. A staff member may not use deprivation of
				meals or snacks as a form of discipline or punishment.
10. A staff member, or household member, or
				any other adult in or at the preschool may not kick, punch, spank, shake,
				pinch, bite, roughly handle, strike, mechanically restrain, or physically
				maltreat a child.
11. A staff
				member may not force a child to ingest substances that would cause pain or
				discomfort, for example, placing soap in the mouth of a child to deter the
				child from biting other children.
12. A staff member may not withhold active
				play as a form of discipline or punishment, beyond a brief period of
				separation.
General Authority:
NDCC 50-11.1-08
Law Implemented:
NDCC 50-11.1-01, 50-11.1-04,
					 50-11.1-07, 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-25 - Minimum requirements for care of a child with special needs

Current through Supplement No. 393, July, 2024
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 child with special needs is
				admitted, the operator shall consult with the child's parents, and with the
				parent's permission, the child's source of professional health care, or, when
				appropriate, other health and professional consultants to gain an understanding
				of the child's individual needs. The operator shall receive a written health
				care plan from the child's medical provider or parent with information related
				to the child's special needs, such as a description, definition of the
				diagnosis, and general information for emergency and required care such as
				usual medications and procedures.
2. The operator shall ensure staff members
				responsible for caring for or teaching children receive proper instructions as
				to the nature of the child's special needs and potential for growth and
				development.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-01,
					 50-11.1-04,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-11 - Preschool Early Childhood Services › Section 75-03-11-26 - Minimum provisions regarding emergency care for children

Current through Supplement No. 393, July, 2024
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.
				Provide accessible posting of emergency response procedures and require
				training for all staff members concerning those emergency procedures;
3. Require the availability of at least one
				working flashlight;
4. Require at
				least one department-approved first-aid kit maintained and kept in a designated
				location, inaccessible to children, yet readily accessible to staff members at
				all times;
5. Provide a working
				telephone line immediately accessible to staff members with a list of emergency
				telephone numbers conspicuously posted;
6. Provide a plan for responding to minor
				illnesses and minor accidents when children are in the care of the preschool,
				and provide a plan for accessing available medical consultation regarding
				special care and medication;
7.
				Require written permission to dispense medication and proper instructions for
				the administration of medication, obtained from the parent of a child in the
				preschool who requires medication.
a.
				Medication prescribed by a medical provider must be accompanied by the medical
				provider's written instructions as to dosage and storage, and labeled with the
				child's name and date;
b.
				Medication must be stored in an area inaccessible to children, and medication
				stored in a refrigerator must be stored collectively in a spillproof container;
				and
c. The operator shall keep a
				written record of the administration of medication, including over-the-counter
				medication, for each child. Records must include the date and time of each dose
				administered, the dosage, the name of the staff member administering the
				medication, and the name of the child. The operator shall include completed
				medication records in the child's record;