50-11.1-23. Eligibility for best in class program

50-11.1-23. Eligibility for best in class program 1. An approved four-year old program, federally funded head start program, or early childhood program may submit, in the form and manner prescribed by the department, an application to the department under section 50-11.1-22, if the provider certifies to the department the provider: a. Operates an approved four-year old program, federally funded head start program, or early childhood program in this state; b. Operates a program for children who have reached four years of age before August first in the year of enrollment, unless otherwise provided in subdivision d of subsection 1 of section 50-11.1-21; c. Operates a program that has a duration of at least four hundred hours over a period of at least thirty-two consecutive weeks; d. Incorporates within the program at least ten hours of research-based family engagement; e. Has been determined to meet the standards and expectations of no less than step three in the North Dakota early childhood quality improvement system; has met the standards and expectations of a nationally recognized early childhood accrediting entity; has met the federal performance standards for head start; or has obtained approval or certification from the department of public instruction; f. Admits children of all learning abilities; g. Admits children who receive assistance from the child care assistance program; and h. Operates in compliance with the program requirements, including: (1) Complying with requirements related to qualifications, training, and professional development of staff delivering services in the best in class program; and (2) Adhering to expectations established by the department related to best in class program monitoring, operation, and oversight. 2. The department may distribute funds under this section to approved applicants. 3. The department may recapture funds from an awarded program that is found by the department to be out of compliance with requirements established for the best in class program. 4. The requirements of chapter 54-44.4 do not apply to the selection of a recipient, award, or payments made under this section.