NDAC 75-03-11-08
Duties of preschool operator
Cite as N.D. Admin. Code ยง 75-03-11-08
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.