NDAC 75-03-11-23
Discipline - Punishment prohibited
Cite as N.D. Admin. Code ยง 75-03-11-23
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.