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North Dakota House Bill HB1497

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1497 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-HOUSE BILL NO. 1497
4-(Representatives Maki, Marschall, Monson, Jonas)
5-(Senator Schaible)
6-AN ACT to amend and reenact subsection 1 of section 50-11.1-21 and section 50-11.1-23 of the North
7-Dakota Century Code, relating to age requirements for an approved four-year old program; and
8-eligibility for the best in class program.
1+25.1192.06000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Representatives Maki, Marschall, Monson, Jonas
7+Senator Schaible
8+A BILL for an Act to amend and reenact subsection 1 of section 50-11.1-21 and section
9+50-11.1-23 of the North Dakota Century Code, relating to age requirements for an approved
10+four-year old program; and eligibility for the best in class program.
911 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10-SECTION 1. AMENDMENT. Subsection 1 of section 50-11.1-21 of the North Dakota Century Code
11-is amended and reenacted as follows:
12-1.AnyA person or school district operating or seeking to operate a four-year old program may
13-request approval for a two-year period of the four-year old program from the department. The
14-department shall approve a four-year old program if the program:
15-a.Is taught by individuals licensed or approved to teach in early childhood education by the
16-education standards and practices board or approved to teach in early childhood
17-education by the education standards and practices board;
12+SECTION 1. AMENDMENT. Subsection 1 of section 50-11.1-21 of the North Dakota
13+Century Code is amended and reenacted as follows:
14+1.AnyA person or school district operating or seeking to operate a four-year old program
15+may request approval for a two-year period of the four-year old program from the
16+department. The department shall approve a four-year old program if the program:
17+a.Is taught by individuals licensed or approved to teach in early childhood
18+education by the education standards and practices board or approved to teach
19+in early childhood education by the education standards and practices board;
1820 b.Follows four-year old program requirements approved by the department;
1921 c.Is in compliance with all municipal and state health, fire, and safety requirements;
20-d.Limits enrollment to children who have reached the age of four years old before August
21-first in the year of enrollment, unless the child will be four years old before December first
22-and the school district determines, based on child development factors, including
23-development milestones, school readiness, and other individual considerations, to allow
24-a child to enroll based on a request;
25-e.Submits a nonrefundable fee of fifty dollars at the timewhen the application is filed. All
26-fees collected under this section must be paid to the department and must be used to
27-defray the cost of investigating, inspecting, and evaluating applications for approval; and
22+d.Limits enrollment to children who have reached the age of four years old before
23+August first in the year of enrollment, unless the child will be four years old before
24+December first and the school district determines, based on child development
25+factors, including development milestones, school readiness, and other individual
26+considerations, to allow a child to enroll based on a request;
27+e.Submits a nonrefundable fee of fifty dollars at the timewhen the application is
28+filed. All fees collected under this section must be paid to the department and
29+Page No. 1 25.1192.06000
30+REENGROSSED HOUSE BILL NO. 1497
31+SECOND ENGROSSMENT
32+with Senate Amendments
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53+21 Sixty-ninth
54+Legislative Assembly
55+must be used to defray the cost of investigating, inspecting, and evaluating
56+applications for approval; and
2857 f.Is in compliance with this chapter.
29-SECTION 2. AMENDMENT. Section 50-11.1-23 of the North Dakota Century Code is amended and
30-reenacted as follows:
58+SECTION 2. AMENDMENT. Section 50-11.1-23 of the North Dakota Century Code is
59+amended and reenacted as follows:
3160 50-11.1-23. Eligibility for best in class program.
32-1.An approved four-year old program, federally funded head start program, or early childhood
33-program may submit, in the form and manner prescribed by the department, an application to
34-the department under section 50-11.1-22, if the provider certifies to the department the
35-provider:
36-a.Operates an approved four-year old program, federally funded head start program, or
37-early childhood program in this state;
38-b.Operates a program for children who have reached four years of age before August first
39-in the year of enrollment, unless otherwise provided in subdivision d of subsection 1 of
40-section 50 - 11.1 - 21 ; H. B. NO. 1497 - PAGE 2
41-c.Operates a program that has a duration of at least four hundred hours over a period of at
42-least thirty-two consecutive weeks;
43-d.Incorporates within the program at least ten hours of research-based family engagement;
44-e.Has been determined to meet the standards and expectations of no less than step three
45-in the North Dakota early childhood quality improvement system; has met the standards
46-and expectations of a nationally recognized early childhood accrediting entity; has met
47-the federal performance standards for head start; or has obtained approval or
48-certification from the department of public instruction;
61+1.An approved four-year old program, federally funded head start program, or early
62+childhood program may submit, in the form and manner prescribed by the department,
63+an application to the department under section 50-11.1-22, if the provider certifies to
64+the department the provider:
65+a.Operates an approved four-year old program, federally funded head start
66+program, or early childhood program in this state;
67+b.Operates a program for children who have reached four years of age before
68+August first in the year of enrollment, unless otherwise provided in subdivision d
69+of subsection 1 of section 50 - 11.1 - 21 ;
70+c.Operates a program that has a duration of at least four hundred hours over a
71+period of at least thirty-two consecutive weeks;
72+d.Incorporates within the program at least ten hours of research-based family
73+engagement;
74+e.Has been determined to meet the standards and expectations of no less than
75+step three in the North Dakota early childhood quality improvement system; has
76+met the standards and expectations of a nationally recognized early childhood
77+accrediting entity; has met the federal performance standards for head start; or
78+has obtained approval or certification from the department of public instruction;
4979 f.Admits children of all learning abilities;
50-g.Admits children who receive assistance from the child care assistance program; and
80+g.Admits children who receive assistance from the child care assistance program;
81+and
5182 h.Operates in compliance with the program requirements, including:
52-(1)Complying with requirements related to qualifications, training, and professional
53-development of staff delivering services in the best in class program; and
54-(2)Adhering to expectations established by the department related to best in class
55-program monitoring, operation, and oversight.
83+(1)Complying with requirements related to qualifications, training, and
84+professional development of staff delivering services in the best in class
85+program; and
86+Page No. 2 25.1192.06000
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117+31 Sixty-ninth
118+Legislative Assembly
119+(2)Adhering to expectations established by the department related to best in
120+class program monitoring, operation, and oversight.
56121 2.The department may distribute funds under this section to approved applicants.
57122 3.The department may recapture funds from an awarded program that is found by the
58123 department to be out of compliance with requirements established for the best in class
59124 program.
60-4.The requirements of chapter 54-44.4 do not apply to the selection of a recipient, award, or
61-payments made under this section. H. B. NO. 1497 - PAGE 3
62-____________________________ ____________________________
63-Speaker of the House President of the Senate
64-____________________________ ____________________________
65-Chief Clerk of the House Secretary of the Senate
66-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
67-Assembly of North Dakota and is known on the records of that body as House Bill No. 1497.
68-House Vote: Yeas 79 Nays 14 Absent 1
69-Senate Vote:Yeas 28 Nays 19 Absent 0
70-____________________________
71-Chief Clerk of the House
72-Received by the Governor at ________M. on _____________________________________, 2025.
73-Approved at ________M. on __________________________________________________, 2025.
74-____________________________
75-Governor
76-Filed in this office this ___________day of _______________________________________, 2025,
77-at ________ o’clock ________M.
78-____________________________
79-Secretary of State
125+4.The requirements of chapter 54-44.4 do not apply to the selection of a recipient,
126+award, or payments made under this section.
127+Page No. 3 25.1192.06000
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