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Overview
North Dakota does not have a state-funded preschool program.
State Policy
North Dakota has no state policy on the provision of pre-kindergarten.
Eligibility Criteria
No program.
Program Length/Duration
No program.
Funding
There is no state-funded pre-k program. School districts or other providers
are permitted to operate prekindergarten programs and may ask the superintendent
of public instruction to approve those programs, but the state will provide no
per pupil funding for those programs. Districts therefore must fund such
programs from local revenue or federal funding streams.
Quality Standards
There is no state-funded pre-k program. There are laws and regulations providing
some quality standards for preschool programs that are funded with local revenue.
The state Department of Human Services has also drafted voluntary early
learning guidelines.
Delivery of Preschool Services
No program.
Requirements for Student Assessment
and Program Evaluation
No program.
Education Clause in State Constitution
The education clause of the North Dakota constitution provides that is the duty of the legislature
to provide for “a uniform system of free public schools throughout the state,
beginning with the primary[.]”
Summary of Case Law on School Finance System
The North Dakota Supreme Court has held that education is a fundamental
right under the state constitution. In the Bismarck decision,
the state Supreme Court agreed with the trial court that the school funding
system violated the equal protection clause of the state constitution, but
it failed to achieve the supermajority of four judges needed under the state
constitution in order to hold a statute unconstitutional. In response to
a school finance case filed in 2003, again
alleging inadequate and disparate funding, the Governor
created a Commission on Education Improvement and proposed increasing
the state budget for K-12 education. After passage of a new funding formula
in May 2007 that increased state education funding by $90 million, plaintiffs
dismissed their lawsuit.
Summary of Case Law on Preschool
School finance cases in North Dakota have not addressed preschool.
N.D. Const. Art. 8, § 1
A high degree of intelligence, patriotism, integrity and morality on the part
of every voter in a government by the people being necessary in order to insure
the continuance of that government and the prosperity and happiness of the
people, the legislative assembly shall make provision for the establishment
and maintenance of a system of public schools which shall be open to all children
of the state of North Dakota and free from sectarian control. This legislative
requirement shall be irrevocable without the consent of the United States and
the people of North Dakota.
N.D. Const. Art. 8, § 2
The legislative assembly shall provide for a uniform system of free public
schools throughout the state, beginning with the primary and extending through
all grades up to and including schools of higher education, except that the
legislative assembly may authorize tuition, fees and service charges to assist
in the financing of public schools of higher education.
N.D. Const. Art. 8, § 3
In all schools instruction shall be given as far as practicable in those branches
of knowledge that tend to impress upon the mind the vital importance of truthfulness,
temperance, purity, public spirit, and respect for honest labor of every kind.
N.D. Const. Art. 8, § 4
The legislative assembly shall take such other steps as may be necessary to
prevent illiteracy, secure a reasonable degree of uniformity in course of study,
and to promote industrial, scientific, and agricultural improvements.
Is Education a Fundamental
Right under the State Constitution?
“The parties agree that the right to education is a fundamental right under
the North Dakota Constitution.” Bismarck Pub. Sch. Dist. No. 1 v. State,
511 N.W.2d 247, 256 (N.D. 1994), citing Lapp v. Reeder Public School District, 491
N.W.2d 65 (N.D.1992) [“Under our state constitution, all children in North
Dakota have the right to a public school education”].
While agreeing that the plaintiffs’ equal protection claim in the Bismarck case
involved “financing of the fundamental right to education,” the Supreme
Court of North Dakota applied the “intermediate level of heightened scrutiny” rather
than strict scrutiny. 511 N.W.2d at 256-257.
School Finance Cases in Favor
of Plaintiffs:
Williston Public School District No. 1 v. State, North Dakota District
Court (N.W. Judicial District), filed October 15, 2003
Plaintiffs in Williston were nine property-poor school districts, and
representative parents, taxpayers and children from those districts. Plaintiffs
claimed the state’s education finance system provided inadequate and disparate
funding, resulting in inadequate and inequitable educational opportunities
for students throughout the state in violation of the education provisions
of the state constitution and equal protection and due process clauses of the
state and federal constitutions.
Prior to trial, the case was stayed in January 2006 after the Governor proposed
an education funding plan addressing the plaintiffs claims. The plan included
the creation of a Commission on Education Improvement to formulate a new funding
system that would address adequacy and equity issues. After the passage of
a new funding formula in May 2007 that added more than $90 million in state
education aid, plaintiffs dismissed their lawsuit.
Standard for a Constitutionally
Adequate Education:
None.
School Finance Cases against
Plaintiffs:
Bismarck Pub. Sch. Dist. No. 1 v. State, 511 N.W.2d 247 (1994)
Plaintiffs in the Bismarck case were parents and taxpayers from nine
property-poor public school districts who claimed that the state’s system of
school finance violated their equal protection rights under the state constitution.
The North Dakota school funding scheme relied heavily on local property taxes,
was only partially equalized by state foundation aid, and “created seriously
adverse educational consequences” for the poorer districts, including
lower teacher-pupil ratios, unavailability of textbooks, lack of libraries,
lack of teacher development, and overcrowded, unsafe, and deteriorating facilities.
The trial court found that the statutory funding method violated the state
constitution’s education and equal protection provisions. The state supreme
court held that review of the equal protection claim was entitled to an intermediate
level of scrutiny, requiring the funding scheme “to bear a close correspondence
to legislative goals.” A majority of the court (3-2) ruled that the system
did not bear a sufficiently close correspondence to the asserted goals of providing
equal educational opportunity and supporting education with state funds based
on per-pupil cost. However, because of a requirement in the state constitution
that the agreement of four judges is needed in order to declare a statute unconstitutional,
the court could not deem the statutory funding scheme unconstitutional.
Decisions Ruling School Finance
Issues Were Non-Justiciable:
None.
Cases Related to State-Funded
Preschool:
None.
Pending School Finance Cases:
None.
North Dakota Century Code (N.D. Cent. Code) § 15.1-18-01 et seq., Teacher
Qualifications
North Dakota Century Code (N.D. Cent. Code) §15.1-09-58, Prekindergarten
program–Authorization–Support
North Dakota Century Code (N.D. Cent. Code) § 15.1-37-01, Early
childhood education program–Approval
North Dakota Century Code (N.D. Cent. Code) § 50-11.1-01 et seq., Early
Childhood Services
North Dakota Administrative Code (N.D. Admin. Code) § 75-03-11-01 et seq.,
Preschool Educational Facilities Early Childhood Services
Draft
Early Learning Guidelines
Provisions Expressing State Policy on Preschool:
None.
Eligibility Criteria for State Preschool Program:
None.
Program Length/Duration:
N.D. Cent. Code § 50-11.1-02
… 7. "Early childhood services" means the care, supervision, education,
or guidance of a child or children, unaccompanied by the child's parent, guardian,
or custodian, which is provided in exchange for money, goods, or other services
and is, or is anticipated to be, ongoing for periods of two or more hours per
day for a part of three or more days per week.
… 13. “Preschool educational facility” means a facility that offers early
childhood services … and that serves no child for more than three hours per
day.
Scope of State’s Responsibility to Provide Preschool:
None.
Scope of State's Responsibility to Fund Preschool:
N.D. Cent. Code § 15.1-37-01
… Per student funding will not be provided to individuals or school districts
offering a prekindergarten program.
Source of Funding for Preschool Program:
N.D. Cent. Code §15.1-09-58
The board of a school district may establish a prekindergarten program and
may receive and expend any state moneys specifically appropriated for the
program, any federal funds specifically appropriated or approved for the
program, and any gifts, grants, and donations specifically given for the
program.
N.D. Cent. Code § 15.1-37-01
… Per student funding will not be provided to individuals or school districts
offering a prekindergarten program.
Scope of Child's Right to
Attend Preschool:
None.
Curriculum Content Standards for Preschool Program:
N.D. Cent. Code § 15.1-37-01
Any person or school district operating an early childhood education program
may request approval of the program from the superintendent of public instruction.
The superintendent shall approve an early childhood education program if the
program:
… 2. Follows a developmentally appropriate curriculum…
N.D. Cent. Code § 50-11.1-02(13)
"Preschool educational facility" means a facility that offers early
childhood services, and follows a preschool curriculum and course of study
designed primarily to enhance the educational development of the children enrolled
in the facility…
N.D. Admin. Code § 75-03-11-20.
1. A preschool educational program must have
a written curriculum which describes the program’s philosophy, goals, objectives,
and a program evaluation process.
2. The curriculum must promote intellectual, social, emotional, and physical
development of children in care.
3. The curriculum must be based on the developmental levels and needs of children
enrolled.
4. The director shall exchange information with parents concerning the program,
its activities, and the adjustment of the child to the program.
5. Each child’s cultural and ethnic background
and primary language or dialect must be respected by the caregivers.
6. There must be a written daily plan of program activities for the children
enrolled in the program.
Draft Early Learning Guidelines
The North Dakota Early Learning Guidelines
are a voluntary set of standards that can be used as a resource to guide
children’s development and learning
in the formative years from birth up to entry into Kindergarten. The Guidelines
are designed for parents, child-care professionals, and teachers who care for
and teach young children in North Dakota. The North Dakota Early Learning Guidelines
are aligned with the North Dakota Curriculum Standards and Benchmarks established
by the North Dakota Department of Public Instruction for children in grades
Kindergarten through Grade 12. The Early Learning Guidelines are designed to
outline the skills, knowledge, and dispositions that young children need prior
to starting in school and for ensuring a successful transition into Kindergarten.
Sample:
V. Cognitive Development
Purpose: This domain recognizes the child’s search for meaning as the basis
for intellectual development. The focus is on children’s curiosity about the
world and their ability to acquire, organize, and use information in increasingly
complex ways.
37-48 Months Indicators
… E. Emerging Literacy-Print Awareness
1. Identifies some individual letters in a book
2. Shows understanding that letters make up words
3. Identifies words that look similar and different with assistance
Teacher Certification/Qualification Standards for Preschool Program:
N.D. Cent. Code § 15.1-18-01 Early childhood education teaching
license.
The education standards and practices board shall issue an optional early
childhood education teaching license or endorsement to an applicant who meets
the requirements set by the board. The optional early childhood education teaching
license may be used in nonparental settings such as early childhood programs,
preschool programs, and head start programs.
N.D. Cent. Code § 15.1-18-02
In order to teach prekindergarten and kindergarten, an individual must be:
1. Licensed
to teach by the education standards and practices board or approved to teach
by the education
standards and practices board and:
2. a.
Have a major in elementary education and a kindergarten endorsement;
b. Have a major equivalency in elementary education and a kindergarten endorsement;
c. Have a major in elementary education and an early childhood education endorsement;
d. Have a major equivalency in elementary education and an early childhood
education endorsement;
e. Have a major in early childhood education; or
f. Have a major equivalency in early childhood education.
N.D. Cent. Code § 15.1-37-01
Any person or school district operating an early childhood education program
may request approval of the program from the superintendent of public instruction.
The superintendent shall approve an early childhood education program if the
program:
1. Is taught by individuals who are licensed to teach in early childhood education
by the education standards and practices board;…
N.D. Admin. Code § 75-03-11-08.1
1. A preschool educational facility director shall be an adult of good mental
and physical health, capable of mature judgment, and shall possess knowledge
and experience in management and interpersonal relationships.
2. The director shall meet at least one of the following qualifications, in
addition to those set out in subsection 1:
a. A bachelor's degree in the field of early childhood education with eight
or more weeks of supervised student teaching experience in a preschool educational
facility or similar setting;
b. A bachelor's degree with at least twenty-four quarter hours or sixteen
semester hours in child development, child psychology, or fields directly related
thereto, with at least six months of experience in a preschool educational
facility or similar setting;
c. An associate degree in the field of early childhood development with at
least six months of experience in a preschool educational facility or similar
setting;
d. Certification as a child development associate or similar status where
such a local, state, or federal certification program exists, with at least
one year of experience in a preschool educational facility or similar setting;
e. A bachelor's degree with at least eight semester hours or twelve quarter
hours in child development, child psychology, or fields directly related thereto,
with at least one year of experience in a preschool educational facility or
similar setting; or
f. Certification from a Montessori teacher training program with at least
one year of experience in a Montessori school, preschool educational facility,
or similar setting.
N.D. Admin. Code § 75-03-11-08.2
1. A [preschool educational facility] teacher shall be an adult of good mental
and physical health, capable of mature judgment, and shall possess knowledge
of teaching and working with young children.
2. The teacher shall have met at least one of the following qualifications:
a. A bachelor’s degree with at least eight semester hours
or twelve quarter hours in child development, child psychology, or fields
directly related thereto;
b. A teaching certificate in elementary education or kindergarten endorsement;
c. An associate degree in the field of early childhood education;
d. Certification as a child development associate or similar status where
such a local, state, or federal certification program exists; or
e. Certification from a Montessori teacher training program.
3. If the teacher is also the director, that individual shall meet the qualifications
of the director and perform the function of a director as defined in section
75-03-11-08.1.
N.D. Admin. Code § 75-03-11-08.3. Each [preschool educational facility]
aide shall:
1. Be mentally, physically, and emotionally able
to provide care and attention to the children in the aide’s charge.
2. Meet one of the following qualifications:
a. A high school diploma; or
b. A high school equivalency.
N.D. Admin. Code § 75-03-11-13(5)
All staff shall certify attendance at county-approved training related to
child care annually.
a. Staff working thirty to forty hours per week shall certify a minimum of
thirteen hours of county-approved training annually.
b. Staff working twenty to thirty hours per week shall certify a minimum of
eleven hours of county-approved training annually.
c. Staff working ten to twenty hours a week shall certify a minimum of nine
hours of county-approved training annually.
d. Staff working less than ten hours per week shall certify a minimum of seven
hours of county-approved training annually.
Other Quality Standards for Preschool Program:
N.D. Admin. Code § 75-03-11-09
… 2. The minimum ratio of caregivers or program staff to children in preschool
educational facilities must be:
a. If all children in care are children two years of age to three years of
age, one staff member may care for six children, a ratio of .167 in decimal
form.
b. If all children in care are children three years of age to four years of
age, one staff member may care for eleven children, a ratio of .09 in decimal
form.
c. If all children in care are children four years of age to five years of
age, one staff member may care for thirteen children, a ratio of .077 in decimal
form.
d. If all children in care are children five years of age to six years of
age, one staff member may care for sixteen children, a ratio of .063 in decimal
form.
e. There must be at least one director or teacher per group of ten children,
if the group includes children two years old.
f. There must be at least one director or teacher per group of twenty children,
if the group includes children three years old.
g. There must be at least one director or teacher per group of twenty-four
children, ages four to six.
h. There must be one Montessori-certified director or teacher per group of
thirty children enrolled in accredited Montessori programs.
N.D. Admin. Code § 75-03-11-21. Children in care for more than two
and one-half hours shall be served a nutritious snack on a regular basis.
Delivery of Preschool
Services:
None.
Requirements for Student
Assessment and Program Evaluation:
N.D. Admin. Code § 75-03-11-20(1)
A preschool educational program must have a written
curriculum which describes the program’s philosophy,
goals, objectives, and a program evaluation process.
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