50-11.1-21. Four-year old program - Approval

50-11.1-21. Four-year old program - Approval 1. A 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; 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 when the application is filed. All fees collected under this section must be paid to the department and must be used to defray the cost of investigating, inspecting, and evaluating applications for approval; and f. Is in compliance with this chapter. 2. In determining the state aid payments to which a school district is entitled, the superintendent of public instruction may not count a student enrolled in a regular four-year old program. 3. The department may investigate and inspect a four-year old program applicant or four-year old program and the conditions of the premises and the qualifications of current and prospective staff. The department may use the findings of the investigation and inspection to determine approval. 4. The department may revoke the four-year old program upon proper showing that: a. Any applicable conditions as prerequisites for the issuance of the approval no longer exist. b. The program is no longer in compliance with the minimum standards prescribed by the department. c. The program approval was issued upon fraudulent or untrue presentation. d. The program has violated any rules of the department. 5. If an action to revoke a four-year old program approval is appealed, the provider may continue the operation of the program pending the final administrative determination or until the approval expires, whichever occurs first.