How to start a preschool in North Dakota

To establish a preschool or early learning setting in North Dakota, prospective providers must navigate the licensing requirements set forth by the North Dakota Department of Health and Human Services (HHS). This guide will provide an overview of the key steps and regulations involved in opening and operating a child care program in the state. Whether you plan to open a family child care home, a group child care facility, or a dedicated child care center, understanding the specific license type that applies to your operation is crucial. The HHS Early Childhood Licensing unit is the primary authority responsible for licensing child care programs and ensuring compliance with North Dakota Century Code (laws) and North Dakota Administrative Code (rules). These regulations are in place to safeguard the health, safety, and well-being of children in out-of-home care. Familiarising yourself with these codes and actively engaging with the HHS resources will be paramount to a successful launch and sustained operation of your early learning program.

Regulations

Health safety: Health and safety are paramount in North Dakota child care programs. Providers are mandated reporters for suspected child abuse or neglect, requiring immediate reporting to the Child Abuse and Neglect Reporting Line. Regulations cover a wide range of health, safety, and emergency protocols. Facilities must have a minimum emergency evacuation and disaster plan in place, as outlined in Chapter 75-03-10-16 of the North Dakota Administrative Code. Minimum health requirements for all applicants, operators, and staff members are specified in Chapter 75-03-10-13. The administration of medication is regulated, with specific guidelines in place. Discipline policies prohibit certain forms of punishment (Chapter 75-03-10-23), and emergency care procedures for children are also established (Chapter 75-03-10-26).

Licensing overview: Child care licensing in North Dakota is managed by the Early Childhood Licensing unit within the Department of Health and Human Services (HHS). The licensing process ensures that child care programs adhere to fundamental health and safety standards. Providers must comply with North Dakota Century Code (laws) and North Dakota Administrative Code (rules). The application process typically involves working with a licensing specialist. Once licensed, programs are subject to at least two annual monitoring visits: one scheduled (announced) and one drop-in (unannounced). If issues are found, correction orders are issued, with timelines for rectification. Persistent non-compliance may lead to a compliance plan. A provisional license may be issued if an applicant cannot comply with all standards, valid for up to six months, requiring written acknowledgement of violations.

Licensing authority: North Dakota Department of Health and Human Services – Early Childhood Licensing

Staff qualifications: All child care staff in North Dakota must undergo comprehensive background checks. These include two national checks (fingerprint-based FBI criminal history and national sex offender registry search), three in-state checks (state criminal history, state sex offender registry, and state child abuse and neglect records), and three out-of-state checks if the individual has lived outside North Dakota in the past five years. Background checks must be approved before unsupervised access to children is granted and are updated regularly. Certain serious criminal convictions or a history of child abuse or neglect can disqualify an individual. Specific minimum qualifications for directors, supervisors, and all staff responsible for caring for or teaching children are detailed within the North Dakota Administrative Code, particularly Chapter 75-03-10 for Child Care Centers.

Facility requirements: Facility requirements for child care programs in North Dakota are dictated by the specific license type. When seeking a location, considerations include budget, square footage, and city zoning regulations. It is highly recommended to consult with a licensing specialist prior to finalising any property purchases or lease agreements to ensure the space is suitable for child care. Licensing regulations, such as North Dakota Administrative Code, Chapter 75-03-10-19, outline minimum requirements regarding space and lighting for Child Care Centers. Furthermore, fire inspections are mandatory, as per Chapter 75-03-10-17, and sanitation and safety requirements are detailed in Chapter 75-03-10-18. Food licensing may be required for programs caring for more than 30 children in a non-private home setting.

Curriculum requirements: While specific, universally mandated curriculum frameworks like EYFS or NQF are not explicitly detailed in the provided North Dakota sources, child care centers are required to adhere to 'Program Requirements' as outlined in the North Dakota Administrative Code (e.g., Chapter 75-03-10-20 for Child Care Centers). This generally implies a focus on age-appropriate activities that promote child development and socialisation. Preschool programs, for instance, specifically provide 'education and socialization experiences for children ages two through five years old'. The 'Child Care Licensing Toolkit' aims to build knowledge of health and safety requirements and guide in creating an intentional environment, suggesting an emphasis on structured, developmental programming. Providers should consult the specific administrative rules for their license type for detailed program requirements.

Startup costs

Startup costs for a preschool or early learning setting in North Dakota can vary significantly. A small home-based family child care program might only require investments in safety upgrades, materials, and initial licensing fees, falling at the lower end. Conversely, establishing a purpose-built child care center for 60-100 children involves substantial expenses for property acquisition or lease, construction or renovation, extensive equipment, and higher initial staffing costs, pushing figures into the higher range. Monthly operating costs depend on factors such as staff salaries, rent or mortgage, utilities, food, supplies, and insurance. The specific license type, capacity, and desired facility amenities will be major drivers of cost variation.

Timeline

1. Initial Research and Toolkit Access (2-4 Weeks): Begin by thoroughly researching the types of child care licenses available in North Dakota through the HHS website. Access the 'Child Care Licensing Toolkit' which provides comprehensive support from the initial licensing process to welcoming your first families. This toolkit helps build knowledge of health and safety requirements and guides you in creating an intentional environment. It is crucial to understand the North Dakota Century Code and Administrative Code relevant to your chosen license type.

2. Contact Licensing Specialist and Location Scouting (4-8 Weeks): Identify and contact your local Early Childhood Licensing specialist from the North Dakota HHS. Concurrently, begin scouting potential locations for your child care program. Consider budget, square footage requirements, and local city zoning regulations. It is strongly recommended to have your licensing specialist review any prospective property before finalising purchases or lease agreements to ensure it meets all child care facility requirements.

3. Application and Background Checks (6-12 Weeks): Complete the official licensing application forms provided by the North Dakota HHS. Initiate and ensure the completion of all required background checks for yourself and all prospective staff members. These include national and in-state criminal history, sex offender registry, and child abuse and neglect records checks. Background checks must be approved before any individual can have unsupervised access to children.

4. Facility Preparation and Policy Development (8-16 Weeks): Prepare your facility to meet all health, safety, and space requirements as per North Dakota Administrative Code. This includes ensuring proper sanitation, safety measures, and adherence to fire inspection standards. Develop comprehensive written policies for your program, covering aspects such as contracts, parent handbooks, and staff handbooks. Templates for these documents are available through North Dakota Child Care Aware®.

5. Monitoring Visits and License Issuance (2-4 Weeks (after preparation)): Once your application is submitted and your facility prepared, your licensing specialist will conduct monitoring visits, including both announced and unannounced inspections, to verify compliance with all state regulations. Address any correction orders promptly. Upon satisfactory compliance, the North Dakota Department of Health and Human Services – Early Childhood Licensing will issue your child care license, specifying the maximum number of children you are permitted to care for.

6. Staff Recruitment and Training (Ongoing): Recruit qualified staff members for your child care facility, ensuring they meet the minimum qualifications outlined in the North Dakota Administrative Code for their respective roles (e.g., director, supervisor, lead teacher, assistant teacher). Conduct staff orientation and provide ongoing training, emphasising health, safety, child development, and mandated reporting responsibilities. Utilise resources such as sample job descriptions and staff handbook templates available from North Dakota Child Care Aware®.

Next steps: explore the IPC curriculum, read about preschool enrollment, or browse all start-a-preschool guides.

Frequently asked questions

Who issues child care licenses in North Dakota?

Child care licenses in North Dakota are issued by the Early Childhood Licensing unit of the North Dakota Department of Health and Human Services (HHS). This team includes licensing specialists, supervisors, a resource and referral specialist, and a licensing administrator. They are the initial point of contact for anyone applying for a child care license and are responsible for monitoring programs to ensure compliance with state laws and rules. You can find a licensing specialist near you through the HHS website.

When is a child care license required in North Dakota?

A child care license is generally required in North Dakota if you provide care, supervision, education, or guidance to more than five children total, or more than three children under 24 months old, in exchange for payment. However, if you care for five or fewer children total, with no more than three under 24 months, you may choose to become a self-declared provider, which has specific requirements but does not need a full license. The North Dakota Department of Health and Human Services website provides detailed information on all license types and exemptions.

What is the monitoring process for child care programs in North Dakota?

To ensure children's safety and health, licensed and self-declared child care programs in North Dakota are monitored by licensing specialists at least twice annually. This includes one scheduled (announced) visit and one drop-in (unannounced) visit. These visits assess adherence to health and safety standards. If non-compliance is identified, a correction order will be issued, detailing the problem, required fixes, and a timeframe for resolution. Continued issues may lead to a compliance plan tailored to support improvement, as outlined by the North Dakota HHS.

Who needs to undergo a background check for child care in North Dakota?

In North Dakota, comprehensive background checks are mandatory for all child care providers and staff members to ensure the safety of children. This includes two national checks (FBI fingerprint and national sex offender registry), three in-state checks (state criminal history, sex offender registry, and child abuse/neglect records), and if applicable, three out-of-state checks for individuals who have resided elsewhere within the past five years. Volunteers or support staff who may have unsupervised access to children must also complete these checks. Approval is required before unsupervised interaction with children.

Are there resources available to help with financial planning for a new child care business in North Dakota?

Yes, several resources are available in North Dakota to assist with financial planning and budgeting for new child care businesses. Aspiring providers can reach out to Child Care Aware® at startchildcare@ndchildcare.org for assistance with budget creation. Additionally, the Small Business Center (ndsbdc.org) and The Women’s Business Center (ndwbc.com) offer support and resources for small business owners, which would include child care providers. These organisations can help navigate the financial aspects of establishing and operating a child care program in the state.

What are the rules regarding food licensing for child care programs in North Dakota?

In North Dakota, a food license is generally not required for child care programs operating in a private home or those licensed for 30 or fewer children. However, a food license may be necessary if your program is licensed for more than 30 children and operates in a building that is not a private home. Before commencing any construction or facility alterations, it is advisable to contact the local food licensing authority to ascertain specific requirements. This ensures compliance with local food safety regulations.