# Title 75 — Department of Human Services

## Article 75-03 — Community Services

## Chapter 75-03-11 — Preschool Early Childhood Services

Members
### § 75-03-11-01. Purpose.

Repealed effective January 1, 1999.
### § 75-03-11-02. Authority and objective.

Repealed effective January 1, 1999.
### § 75-03-11-03. Definitions.

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.
History: Effective December 1, 1981; amended effective January 1, 1987; July 1, 1996; July 1, 1996,
amendments voided by the Administrative Rules Committee effective August 24, 1996; amended
effective January 1, 1999; January 1, 2011; April 1, 2016; January 1, 2022; January 1, 2023; April 1,
2024.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-02
### § 75-03-11-04. Effect of licensing and display of license.

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.

History: Effective December 1, 1981; amended effective January 1, 1987; July 1, 1996; July 1, 1996,
amendments voided by the Administrative Rules Committee effective August 24, 1996; amended
effective January 1, 1999; January 1, 2011.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-03, 50-11.1-04
### § 75-03-11-05. Denial or revocation of license.

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
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.
History: Effective December 1, 1981; amended effective January 1, 1987; July 1, 1996; July 1, 1996,
amendments voided by the Administrative Rules Committee effective August 24, 1996; amended
effective January 1, 1999; January 1, 2011.
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
### § 75-03-11-06. Provisional license.

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.
3. The department may issue a provisional license only to an applicant or owner who has
waived, in writing:
a. The right to a written statement of charges as to the reasons for the denial of an
unrestricted license; and
b. The right to an administrative hearing, in the manner provided in North Dakota Century
Code chapter 28-32, concerning the nonissuance of an unrestricted license, either at the
time of application or during the period of operation under a provisional license.

4. Any provisional license issued must be accompanied by a written statement of violations
signed by the department and must be acknowledged in writing by the applicant or owner.
5. Subject to the exceptions contained in this section, a provisional license entitles the owner to
all rights and privileges afforded the owner of an unrestricted license.
6. The department may not issue a provisional license if the preschool is not in compliance with
section 75-03-11-17 or 75-03-11-18.
7. The owner shall display prominently the provisional license and agreement.
8. The owner shall provide parents written notice that the preschool is operating on a provisional
license and the basis for the provisional license.
History: Effective December 1, 1981; amended effective January 1, 1987; July 1, 1996; July 1, 1996,
amendments voided by the Administrative Rules Committee effective August 24, 1996; amended
effective January 1, 1999; January 1, 2011; July 1, 2020; April 1, 2024.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-03, 50-11.1-04, 50-11.1-08
### § 75-03-11-06.1. Restricted license.

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.
History: Effective January 1, 2011; amended effective April 1, 2024.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-04
### § 75-03-11-07. Application for and nontransferability of preschool 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 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.
History: Effective December 1, 1981; amended effective July 1, 1996; July 1, 1996, amendments
voided by the Administrative Rules Committee effective August 24, 1996; amended effective January 1,
1999; January 1, 2011; January 1, 2013; July 1, 2020; January 1, 2022; April 1, 2024.
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
### § 75-03-11-08. Duties of preschool operator.

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;
2. Possess knowledge or experience in management and interpersonal relations;
3. Notify the department of any major changes in the operation or in the ownership or governing
body of the preschool, including staff member changes;
4. Ensure that liability insurance against bodily injury and property damage for the preschool is
carried;
5. Formulate written policies and procedures for the operations of the preschool. Policies must
include:
a. Hiring practices and personnel policies for staff members;
b. Methods for obtaining references and employment histories of staff members;
c. Methods of conducting staff member performance evaluations;
d. Children's activities, care, and enrollment;
e. The responsibilities and rights of staff members and parents;
f. An explanation of how accidents and illnesses will be handled;
g. The methods of developmentally appropriate discipline and guidance techniques that are
to be used;
h. The process for a parent or staff member to report a complaint, a suspected licensing
violation, and suspected child abuse or neglect;
i. The care and safeguarding of personal belongings brought to the preschool by a child or
by another on a child's behalf;
j. Procedure for accountability when a child fails to arrive as expected at the preschool; and
k. Transportation procedures, if the operator provides transportation;
6. Maintain records of enrollment, attendance, health, financial, and other required records;
7. Be responsible for all preschool staff members, teachers, preschool assistants, substitute staff
members, emergency designees, volunteers, or others who provide services in the preschool;
8. Report immediately, as a mandatory reporter, any suspected child abuse or neglect as
required by North Dakota Century Code section 50-25.1-03;
9. Maintain necessary information to verify staff members' qualifications and to ensure safe care
for the children in the preschool;

10. Ensure preadmission visits for children and their parents are offered so the preschool's
program, fees, operating policies, and procedures can be viewed and discussed;
11. Ensure that there are signed written agreements with the parents of each child which specify
the fees to be paid, methods of payments, and policies regarding delinquency of fees;
12. Ensure the preschool is sufficiently staffed at all times to meet the child and staff member
ratios for children in attendance and that no more children than the licensed capacity are
served at any one time;
13. Provide parents, upon request, with progress reports on their children and provide unlimited
opportunities for parents to observe their children while in care;
14. Provide parents with the name of the preschool operator, the director, teachers, preschool
assistants, staff members, substitute staff members, and the emergency designee;
15. Meet the qualifications of the director set forth in section 75-03-11-08.1 if the operator is also
the director;
16. Report to the department within twenty-four hours:
a. A death or serious accident or illness requiring hospitalization of a child while in the care
of the preschool or attributable to care received in the preschool;
b. An injury to any child which occurs while the child is in the care of the preschool which
requires medical treatment;
c. Poisonings or errors in the administering of medication;
d. Closures or relocations due to emergencies; and
e. Fire that occurs or explosions that occur in or on the premises of the preschool;
17. Ensure that children do not depart from the preschool premises unsupervised, except when
the parent and provider consent that an unsupervised departure is safe and appropriate for
the age and development of the child. The provider shall obtain written parental consent for
the child to leave the preschool premises unsupervised, which must specify the activity, time
the child is leaving and length of time the child will be gone, method of transportation, and
parental responsibility for the child once the child leaves the preschool premises; and
18. Ensure that each child is released only to the child's parent, legal custodian, guardian, or an
individual who has been authorized by the child's parent, legal custodian, or guardian.
History: Effective December 1, 1981; amended effective January 1, 1987; July 1, 1996; July 1, 1996,
amendments voided by the Administrative Rules Committee effective August 24, 1996; amended
effective January 1, 1999; January 1, 2011; January 1, 2013; April 1, 2016; April 1, 2018; July 1, 2020;
April 1, 2024.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-04, 50-11.1-07, 50-11.1-08
### § 75-03-11-08.1. Minimum qualifications of a preschool director.

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.
History: Effective January 1, 1999; amended effective January 1, 2011; January 1, 2013; April 1, 2018.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-04, 50-11.1-07, 50-11.1-08
### § 75-03-11-08.2. Minimum qualifications of a preschool teacher.

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.
3. Meet the qualifications of the director and perform the function of a director as defined in
section 75-03-11-08.1, if the teacher is also the director.
History: Effective January 1, 1999; amended effective January 1, 2011; January 1, 2013; April 1, 2018.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-04, 50-11.1-07, 50-11.1-08
### § 75-03-11-08.3. Minimum qualifications of a preschool assistant.

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.
History: Effective January 1, 1999; amended effective January 1, 2011.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-04, 50-11.1-07, 50-11.1-08
### § 75-03-11-09. Staffing requirements.

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.
3. When there are mixed-age groups, the number of children in each category is multiplied by
the corresponding ratio number, converted to decimal form, and carried to the nearest
hundredth. To determine the number of staff members responsible for caring for or teaching
children necessary at any given time, numbers of staff members for all age categories are
added, and any fractional staff member count is then rounded to the next highest whole
number whenever the fractional staff member count amounts to thirty-five hundredths or more.
If lower than thirty-five hundredths, the fractional amount is dropped.
4. If a child with special needs is admitted to the preschool, the child's developmental age level
must be used in determining the child to staff ratios.
5. The operator shall ensure that a child with special needs requiring more than usual care and
supervision has adequate care and supervision without adversely affecting care provided to
the other children in the preschool.
History: Effective December 1, 1981; amended effective July 1, 1984; January 1, 1987; July 1, 1996;
July 1, 1996, amendments voided by the Administrative Rules Committee effective August 24, 1996;
amended effective January 1, 1999; January 1, 2011; January 1, 2022.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-02.1, 50-11.1-04, 50-11.1-08
### § 75-03-11-10. Duties of a preschool director.

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
6. Perform other duties as delegated by the operator.
History: Effective January 1, 2011; amended effective April 1, 2024.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-04, 50-11.1-07, 50-11.1-08
### § 75-03-11-11. Duties of a preschool teacher.

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.
History: Effective January 1, 2011.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-04, 50-11.1-07, 50-11.1-08
### § 75-03-11-12. Minimum qualifications of volunteers.

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.
History: Effective January 1, 2011.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-04, 50-11.1-07, 50-11.1-08
### § 75-03-11-13. Minimum health and training requirements for applicants, operators, and staff

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 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.
5. All staff members responsible for caring for or teaching children shall certify completion of a
department-approved basic child care course within ninety days of employment.
6. All staff members shall be currently certified within ninety days of employment and prior to
staff member having unsupervised access to children under care, in infant and pediatric
cardiopulmonary resuscitation and the use of an automated external defibrillator by the
American heart association, American red cross, or other similar cardiopulmonary
resuscitation and automated external defibrillator training programs that are approved by the
department.
7. All staff members shall be currently certified within ninety days of employment and prior to
staff member having unsupervised access to children under care, in pediatric first aid by a
program approved by the department.
History: Effective December 1, 1981; amended effective January 1, 1987; July 1, 1996; July 1, 1996,
amendments voided by the Administrative Rules Committee effective August 24, 1996; amended
effective January 1, 1999; January 1, 2011; April 1, 2016; April 1, 2018; January 1, 2023; April 1, 2024.
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
### § 75-03-11-14. Minimum requirements for facility.

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
department of environmental quality;
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].
3. Toilet and sink facilities:
a. The operator shall provide toilet and sink facilities which are easily accessible to the
areas used by the children and staff members;

b. The operator shall provide a minimum of one flush toilet for each fifteen children,
excluding those children who are not toilet trained;
c. The operator shall provide at least one handwashing sink per toilet room facility; and
d. The operator shall provide hand soap, sanitary hand-drying equipment, single-use or
individually designated cloth towels, or paper towels near handwashing sinks.
4. The operator of a preschool not on a municipal or public water supply or wastewater disposal
system shall ensure the preschool's sewage and wastewater system has been approved by
the department of environmental quality.
History: Effective December 1, 1981; amended effective January 1, 1987; July 1, 1996; July 1, 1996,
amendments voided by the Administrative Rules Committee effective August 24, 1996; amended
effective January 1, 1999; January 1, 2011; January 1, 2013; April 1, 2018.
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
### § 75-03-11-15. Minimum standards for provision of transportation.

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.
3. Children must be instructed in safe transportation conduct as appropriate to their age and
stage of development.
4. The driver must be eighteen years of age or older and must comply with all relevant federal,
state, and local laws, including child restraint system laws.
History: Effective December 1, 1981; amended effective January 1, 1987; July 1, 1996; July 1, 1996,
amendments voided by the Administrative Rules Committee effective August 24, 1996; amended
effective January 1, 1999; January 1, 2011.
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
### § 75-03-11-16. Minimum emergency evacuation and disaster plan.

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.
2. Fire and emergency evacuation drills must be performed monthly.
History: Effective January 1, 2011; amended effective April 1, 2018; January 1, 2022.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-01, 50-11.1-04, 50-11.1-08
### § 75-03-11-17. Fire inspections.

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.
History: Effective December 1, 1981; amended effective January 1, 1987; July 1, 1996; July 1, 1996,
amendments voided by the Administrative Rules Committee effective August 24, 1996; amended
effective January 1, 1999; January 1, 2011; July 1, 2020; April 1, 2024.
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
### § 75-03-11-18. Minimum sanitation and safety requirements.

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 are located,
cleaned, and maintained to protect the health and safety of children. The operator shall
establish routine maintenance and cleaning procedures to protect the health of the children
and staff members.
3. The operator shall ensure that in preschools licensed 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 chapter
23-09. If only snacks or occasional cooking projects are prepared, an inspection by the public
health division of the department is not required. The operator shall correct any code
violations noted by the health inspector and shall file reports of the inspections and corrections
made with the department.
4. The operator shall ensure that indoor and outdoor equipment, toys, and supplies are safe,
strong, nontoxic, and in good repair. The operator shall ensure that all toys and equipment are
kept clean and in a sanitary condition. Books and other toys that are not readily cleanable

must be sanitized as much as possible without damaging the integrity or educational value of
the item.
5. The operator shall ensure adequate heating, ventilation, humidity, and lighting for the comfort
and protection of the health of the children. All heating devices must be approved by the local
fire authorities. When the preschool is occupied by children, the room temperature may not be
less than sixty-five degrees Fahrenheit [18 degrees Celsius] and not more than seventy-five
degrees Fahrenheit [24 degrees Celsius].
6. The operator shall ensure that exterior play areas in close proximity to busy streets and other
unsafe areas are contained or fenced, or have natural barriers to restrict children from those
unsafe areas. Outdoor play areas must be inspected daily for hazards and necessary
maintenance.
7. The operator shall ensure that potential hazards, such as noncovered electrical outlets, guns,
cleaning chemicals, uninsulated wires, medicines, and poisonous plants are not accessible to
children. The operator shall keep guns and ammunition in locked storage, each separate from
the other, or shall use trigger locks. The operator shall ensure other weapons and dangerous
sporting equipment, such as bows and arrows, are not accessible to children.
8. The operator shall ensure that indoor floors and steps are not slippery and do not have
splinters. The operator shall ensure that steps and walkways are kept free from accumulations
of water, ice, snow, or debris.
9. The operator shall ensure that elevated areas including stairs and porches have railings and
safety gates where necessary to prevent falls.
10. The operator shall take steps to keep the preschool free of insects and rodents. Chemicals for
insect and rodent control may not be applied in areas accessible to children when children are
present in the preschool. Insect repellant may be applied outdoors on children with written
parental permission.
11. The operator shall ensure that combustible materials are kept away from light bulbs and other
heat sources.
12. The operator shall ensure that exit doorways and pathways are not blocked.
13. An operator shall ensure that all preschool buildings erected before January 1, 1970, which
contain painted surfaces in a peeling, flaking, chipped, or chewed condition in any area where
children may be present, have painted surfaces repainted or shall submit evidence that the
paints or finishes do not contain hazardous levels of lead-bearing substances. For the
purposes of this chapter, "hazardous levels of lead-bearing substances" means any paint,
varnish, lacquer, putty, plaster, or similar coating of structural material which contains lead or
its compounds in excess of seven-tenths of one milligram per square centimeter, or in excess
of five-tenths of one percent in the dried film or coating, when measured by a lead-detecting
instrument approved by the department of environmental quality.
14. Staff members responsible for caring for or teaching children shall strictly supervise wading
pools used by the preschool and shall empty, clean, and sanitize wading pools daily.
15. All swimming pools used by children must be approved annually by the local health unit.
16. Aquatic activities:
a. An operator shall have policies that ensure the health and safety of children in care while
participating in aquatic activities, including types of aquatic activities the preschool may

participate in, staff-to-child ratios appropriate to the ages and swimming ability of children
participating in aquatic activities, and additional safety precautions to be taken.
b. The operator may not permit any child to participate in an aquatic activity without written
parental permission, which includes parent disclosure of the child's swimming ability.
17. Pets and animals.
a. The operator shall ensure that only small pets that are contained in an aquarium or other
approved enclosed container, cats, and dogs are present in areas occupied by children.
Wire cages are not approved containers. Other indoor pets and animals must be
restricted by a solid barrier and must not be accessible to children. The department may
restrict any pet or animal from the premises that may pose a risk to children or may
approve additional pets that do not pose a health or safety risk to children.
b. The operator shall ensure that animals are maintained in good health and appropriately
immunized. Pet immunizations must be documented with a current certificate from a
veterinarian.
c. The operator shall ensure parents are aware of the presence of pets and animals in the
preschool.
d. The operator shall notify parents immediately if a child is bitten or scratched and skin is
broken.
e. A staff member responsible for caring for or teaching children shall closely supervise all
contact between pets or animals and children. The staff member shall remove the pet or
animal immediately if the pet or animal shows signs of distress or the child shows signs
of treating the pet or animal inappropriately.
f. The operator shall ensure that pets, pet feeding dishes, cages, and litter boxes are not
present in any food preparation, food storage, or serving areas. The operator shall
ensure that pet and animal feeding dishes and litter boxes are not placed in areas
accessible to children.
g. The operator shall ensure that indoor and outdoor areas accessible to children are free of
animal excrement.
h. The operator shall ensure that the preschool is in compliance with all applicable state
and local ordinances regarding the number, type, and health status of pets or animals.
18. Staff members and children shall wash their hands, according to recommendations by the
federal centers for disease control and prevention, before preparing or serving meals, after
diapering, after using toilet facilities, and after any other procedure that may involve contact
with bodily fluids.
19. The operator shall ensure that soiled or wet clothes or diapers are stored in a sanitary,
covered container, separate from other garbage and waste until removed from the preschool
facility.
History: Effective December 1, 1981; amended effective January 1, 1987; September 1, 1990; July 1,
1996; July 1, 1996, amendments voided by the Administrative Rules Committee effective August 24,
1996; amended effective January 1, 1999; January 1, 2011; April 1, 2016; July 1, 2020; January 1,
2023; April 1, 2024.
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

### § 75-03-11-19. Minimum requirements regarding space.

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.
History: Effective December 1, 1981; amended effective January 1, 1987; July 1, 1996; July 1, 1996,
amendments voided by the Administrative Rules Committee effective August 24, 1996; amended
effective January 1, 1999; January 1, 2011; January 1, 2013; January 1, 2022; April 1, 2024.
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
### § 75-03-11-20. Program requirements.

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.
2. The director shall exchange information with parents concerning the preschool, its activities,
and the adjustment of the child to the preschool.
3. Each child's cultural and ethnic background and primary language or dialect must be
respected by the staff members.
4. The director or teacher shall design a written daily plan of program activities for the children
enrolled in the preschool.
History: Effective December 1, 1981; amended effective July 1, 1996; July 1, 1996, amendments
voided by the Administrative Rules Committee effective August 24, 1996; amended effective January 1,
1999; January 1, 2011; January 1, 2013; April 1, 2024.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-01, 50-11.1-04, 50-11.1-08

### § 75-03-11-21. Minimum standards for the provision of snacks.

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.
History: Effective December 1, 1981; amended effective January 1, 2011; April 1, 2024.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-01, 50-11.1-04, 50-11.1-08
### § 75-03-11-22. Records.

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.
3. The operator shall verify the identification of the child through official documentation such as a
certified birth certificate, certified school records, passport, or any other documentary
evidence the provider considers appropriate proof of identity and shall comply with North
Dakota Century Code section 12-60-26.

4. The operator shall ensure that all records, photographs, and information maintained with
respect to children receiving child care services are kept confidential, and that access is
limited to staff members, the parents, and to the following, unless otherwise protected by law:
a. The department representatives;
b. Individuals having a definite interest in the well-being of the child concerned and who, in
the judgment of the department, are in a position to serve the child's interests should that
be necessary; and
c. Individuals who possess written authorization from the child's parent. The preschool shall
have a release of information form available and shall have the form signed prior to the
release of information.
History: Effective December 1, 1981; amended effective January 1, 1987; July 1, 1996; July 1, 1996,
amendments voided by the Administrative Rules Committee effective August 24, 1996; amended
effective January 1, 1999; January 1, 2011; January 1, 2022; January 1, 2023; April 1, 2024.
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
### § 75-03-11-23. Discipline - Punishment prohibited.

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.
History: Effective December 1, 1981; amended effective January 1, 1987; July 1, 1996; July 1, 1996,
amendments voided by the Administrative Rules Committee effective August 24, 1996; amended
effective January 1, 1999; January 1, 2011; January 1, 2023.
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
### § 75-03-11-24. [Reserved]

### § 75-03-11-25. Minimum requirements for care of a child with special needs.

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.
History: Effective December 1, 1981; amended effective January 1, 1987; July 1, 1996; July 1, 1996,
amendments voided by the Administrative Rules Committee effective August 24, 1996; amended
effective January 1, 1999; January 2, 2011.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-01, 50-11.1-04, 50-11.1-08
### § 75-03-11-26. Minimum provisions regarding emergency care for children.

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;
8. Require a supervised temporary isolation area designated for a child who is too ill to remain in
the preschool, or who has an infectious or contagious disease, with the following procedures
being followed when those signs or symptoms are observed:
a. Parents are notified immediately and asked to pick up their child; and
b. First aid is provided and medical care is sought, as necessary;
9. Identify a source of emergency services available to the preschool, including:
a. A prearranged plan for emergency medical care in which parents of enrolled children are
advised of the arrangement;
b. Provisions for emergency transportation, specifically that when a child is to be brought to
another place for emergency care, an adult staff member responsible for caring for or
teaching children shall remain with the child until medical personnel assume the
responsibility for the child's care and until the parent is notified;
10. Establish and implement practices in accordance with guidance obtained through consultation
with local health unit authorities or authorities from the public health division of the department
regarding the exclusion and return of children with infectious or communicable conditions. The
operator may obtain this guidance directly or through current published materials regarding
exclusion and return to the preschool;
11. Require information be provided to parents, as needed, concerning child health and social
services available in the community;
12. Require that the preschool inform parents in writing of any first aid administered to their child
within twenty-four hours of the incident, immediately notify parents of any injury which requires

emergency care beyond first aid, and require each injury report to be made a part of the
child's record; and
13. Notify parents, legal custodians, or guardians of a child's exposure to a presumed of
confirmed reportable infectious disease.
History: Effective December 1, 1981; amended effective January 1, 1987; July 1, 1996; July 1, 1996,
amendments voided by the Administrative Rules Committee effective August 24, 1996; amended
effective January 1, 1999; January 2, 2011; January 1, 2023; April 1, 2024.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-01, 50-11.1-04, 50-11.1-08
### § 75-03-11-27. Effect of conviction on licensure and employment.

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
operator, director, staff member, teacher, assistant, emergency designee, or household
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; 12.1-17-01.2, domestic violence; 12.1-17-01.1,
assault; 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 an applicant, operator, household member, or director, or the operator in the case
of a staff member, teacher, assistant, substitute staff member, or emergency designee,
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.
2. The department has determined that the offenses enumerated in subdivision a or b of
subsection 1 have a direct bearing on the applicant's, operator's, director's, teacher's,
assistant's, substitute staff member's, emergency designee's, or a staff member's ability to
serve the public as an operator, director, teacher, assistant, emergency designee, or a staff
member.
3. In the case of a misdemeanor offense described in North Dakota Century Code sections
12.1-17-01, simple assault; 12.1-17-03, reckless endangerment; 12.1-17-06, criminal
coercion; 12.1-17-07, harassment; 12.1-17-07.1, stalking; in the case of a class B

misdemeanor offense described in North Dakota Century Code section 12.1-17-01.2,
domestic violence; or equivalent conduct in another jurisdiction which requires proof of
substantially similar elements as required for conviction, the department may determine that
the individual has been sufficiently rehabilitated if five years have elapsed after final discharge
or release from any term of probation, parole, or other form of community corrections or
imprisonment, without subsequent conviction.
4. The operator shall establish written policies and engage in practices that conform to those
policies to effectively implement this section, before hiring any directors, staff members,
teachers, assistants, substitute staff members, or emergency designees.
5. An owner shall submit an application for a fingerprint-based criminal history record check at
the time of application and within five years from the date of initial approval and at least once
every five years thereafter. The owner shall ensure that each staff member submits an
application for a fingerprint-based criminal history record check upon hire and within five years
from the date of initial approval and at least once every five years thereafter. The department
may excuse an individual from providing fingerprints if usable prints have not been obtained
after two sets of prints have been submitted and rejected. If an individual is excused from
providing fingerprints, the department shall submit a request to the bureau of criminal
investigation for a nationwide name-based criminal history record check.
6. Review of fingerprint-based criminal history record check results.
a. If an individual disputes the results of the criminal history record check required under
this chapter, the individual may request a review of the results by submitting a written
request for review to the department within thirty calendar days of the date of the
department's memo outlining the results. The individual's request for review must include
a statement of each disputed item and the reason for the dispute.
b. The department shall assign the individual's request for review to a department review
panel. An individual who has requested a review may contact the department for an
informal conference regarding the review any time before the department has issued its
final decision.
c. The department shall notify the individual of the department's final decision in writing
within sixty calendar days of receipt of the individual's request for review.
History: Effective January 1, 1999; amended effective January 2, 2011; April 1, 2014; April 1, 2016;
April 1, 2018; January 1, 2022; January 1, 2023; April 1, 2024.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-01, 50-11.1-04, 50-11.1-06.1, 50-11.1-06.2, 50-11.1-07, 50-11.1-08,
50-11.1-09
### § 75-03-11-28. Child abuse and neglect determinations.

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 exists,
indicating that a child has been abused or neglected by any applicant, owner, operator,
director, teacher, assistant, staff member, substitute staff member, emergency designee, or
household member, it has a direct bearing on the applicant's, owner, or operator's ability to
serve the public in a capacity involving the provision 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, teacher, assistant, staff member, substitute staff
member, emergency designee, or household 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, teacher's, assistant's, staff member's, substitute staff
member's, or emergency designee'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, teacher, assistant, staff member, substitute staff
member, and emergency designee 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.
3. Household members age twelve and older shall complete, and the operator shall submit to the
department, a department-approved authorization for background check form at the time of
application, relicensure, or upon obtaining residence at the location of the preschool.
History: Effective January 1, 1999; amended effective January 2, 2011; January 1, 2013; April 1, 2014;
April 1, 2016; July 1, 2020; January 1, 2022; January 1, 2023; April 1, 2024.
General Authority: NDCC 50-11.1-04, 50-11.1-08
Law Implemented: NDCC 50-11.1-01, 50-11.1-04, 50-11.1-07, 50-11.1-08
### § 75-03-11-29. Correction of violations.

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 each child,
the owner shall post the correction order in a conspicuous location within the preschool 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 75-03-11-04;
subsection 13 of section 75-03-11-08; section 75-03-11-09; subsection 4 of section
75-03-11-10; subsection 3 of section 75-03-11-13; subsection 2, 7, or 8 of section
75-03-11-18; or section 75-03-11-23, within twenty-four hours;
b. For a violation requiring the hiring of a director with those qualifications set forth in
section 75-03-11-08.1 or a teacher with those qualifications as set forth in section
75-03-11-08.2, within sixty days;
c. For a violation that requires an inspection by a state fire marshal or local fire department
authority pursuant to section 75-03-11-17, 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.
3. All periods for correction begin on the date of receipt of the correction order by the owner and
operator.
4. The department may grant an extension of additional time to correct violations, up to a period
of one-half the original allowable time allotted. An extension may be granted upon application
by the owner and a showing that the need for the extension is created by unforeseeable
circumstances and the owner has diligently pursued the correction of the violation.

5. The owner shall furnish written notice to the department upon completion of the required
corrective action. The correction order remains in effect until the department or its authorized
agent confirms that the corrections have been made.
6. At the end of the period allowed for correction, the department shall reinspect a preschool that
has been issued a correction order. If, upon reinspection, the department or determines that
the preschool has not corrected a violation identified in the correction order, the department
shall mail or send by electronic mail a notice of noncompliance with the correction order to the
owner and operator. The notice must specify the violations not corrected and the penalties
assessed in accordance with North Dakota Century Code section 50-11.1-07.5.
7. If a preschool receives more than one correction order in a single year, the owner and
operator may be referred by the department for consulting services. The consulting services
will be offered to assist the owner in maintaining compliance and to avoid future corrective
action.
8. Refutation process for a correction order:
a. An owner may refute a correction order by submitting a refutation request in writing on
the form provided by the department within five calendar days of receiving the correction
orders.
b. The department shall respond to written refutations within five business days of receipt.
History: Effective January 1, 1999; amended effective January 2, 2011; January 1, 2013; April 1, 2014;
July 1, 2020; January 1, 2022; April 1, 2024.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-01, 50-11.1-07.1, 50-11.1-07.2, 50-11.1-07.3
### § 75-03-11-30. Fiscal sanctions.

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
the operator has not verified correction, after the allowable time for correction of violations
ends, that the operator has not verified correction.
2. The department shall issue a fiscal sanction of fifteen dollars per day for each violation of
section 75-03-11-08.1, 75-03-11-08.2, 75-03-11-08.3, or 75-03-11-15; subsection 1, 2, or 4 of
section 75-03-11-18; or subsection 1 of section 75-03-11-20 for each day that the operator has
not verified correction, after the allowable time for correction of violations ends, that the
operator has not verified correction.
3. The department shall issue 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, that the operator has not verified
correction.
History: Effective January 1, 1999; amended effective January 2, 2011; January 1, 2013.
General Authority: NDCC 50-11.1-07.4, 50-11.1-08
Law Implemented: NDCC 50-11.1-01, 50-11.1-07.4, 50-11.1-08
### § 75-03-11-31. Appeals.

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.
History: Effective January 1, 1999; amended effective January 2, 2011.
General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-08, 50-11.1-10
