North Dakota 2025 2025-2026 Regular Session

North Dakota House Bill HB1497 Amended / Bill

Filed 03/18/2025

                    25.1192.06000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Maki, Marschall, Monson, Jonas
Senator Schaible
A BILL for an Act to amend and reenact subsection 1 of section 50-11.1-21 and section 
50-11.1-23 of the North Dakota Century Code, relating to age requirements for an approved 
four-year old program; and eligibility for the best in class program.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 1 of section 50-11.1-21 of the North Dakota 
Century Code is amended and reenacted as follows:
1.AnyA person or school district operating or seeking to operate a four-year old program 
may request approval for a two-year period of the four-year old program from the 
department. The department shall approve a four-year old program if the program:
a.Is taught by individuals licensed or approved to teach in early childhood 
education by the education standards and practices board or approved to teach 
in early childhood education by the education standards and practices board;
b.Follows four-year old program requirements approved by the department;
c.Is in compliance with all municipal and state health, fire, and safety requirements;
d.Limits enrollment to children who have reached the age of four years old before 
August first in the year of enrollment, unless the child will be four years old before 
December first and the school district determines, based on child development 
factors, including development milestones, school readiness, and other individual 
considerations, to allow a child to enroll based on a request;
e.Submits a nonrefundable fee of fifty dollars at the timewhen the application is 
filed. All fees collected under this section must be paid to the department and 
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REENGROSSED HOUSE BILL NO. 1497
SECOND ENGROSSMENT
with Senate Amendments
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must be used to defray the cost of investigating, inspecting, and evaluating 
applications for approval; and
f.Is in compliance with this chapter.
SECTION 2. AMENDMENT. Section 50-11.1-23 of the North Dakota Century Code is 
amended and reenacted as follows:
50-11.1-23. Eligibility for best in class program.
1.An approved four-year old program, federally funded head start program, or early 
childhood program may submit, in the form and manner prescribed by the department, 
an application to the department under section 50-11.1-22, if the provider certifies to 
the department the provider:
a.Operates an approved four-year old program, federally funded head start 
program, or early childhood program in this state;
b.Operates a program for children who have reached four years of age before 
August first in the year of enrollment, unless otherwise provided in subdivision   d  
of subsection  1 of section 50 - 11.1 - 21 ;
c.Operates a program that has a duration of at least four hundred hours over a 
period of at least thirty-two consecutive weeks;
d.Incorporates within the program at least ten hours of research-based family 
engagement;
e.Has been determined to meet the standards and expectations of no less than 
step three in the North Dakota early childhood quality improvement system; has 
met the standards and expectations of a nationally recognized early childhood 
accrediting entity; has met the federal performance standards for head start; or 
has obtained approval or certification from the department of public instruction;
f.Admits children of all learning abilities;
g.Admits children who receive assistance from the child care assistance program; 
and
h.Operates in compliance with the program requirements, including:
(1)Complying with requirements related to qualifications, training, and 
professional development of staff delivering services in the best in class 
program; and
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(2)Adhering to expectations established by the department related to best in 
class program monitoring, operation, and oversight.
2.The department may distribute funds under this section to approved applicants.
3.The department may recapture funds from an awarded program that is found by the 
department to be out of compliance with requirements established for the best in class 
program.
4.The requirements of chapter 54-44.4 do not apply to the selection of a recipient, 
award, or payments made under this section.
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