N.D. Admin. Code 75-03-11-08

Current through Supplement No. 395, January, 2025

Section 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.

N.D. Admin Code 75-03-11-08

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.

Amended by Administrative Rules Supplement 2016-360, April 2016, effective 4/1/2016.

Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.

Amended by Administrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.

Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.

General Authority: NDCC 50-11.1-08

Law Implemented: NDCC 50-11.1-04, 50-11.1-07, 50-11.1-08