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HB 1497

relative to replacing members of local land use boards for certain conduct.

2026 Regular Session Introduced by Deborah Aylward

The bill standardizes an August 1 age cutoff for four-year-old programs, with limited exceptions, and tightens Best in Class eligibility on duration, family engagement, and quality

Inexpedient to Legislate: MA VV 02/05/2026 HJ 3 P. 16
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Bill Summary · HB 1497

Summary — HB 1497 (North Dakota) — Four‑Year‑Old Program age rules & Best in Class eligibility

Status / Key dates
- Introduced: December 3, 2024 (House)
- Passed both chambers, enrolled and transmitted to Governor; recorded as Act 411 and filed with the Secretary of State on 03/27/2025.
- Includes an emergency clause: takes effect immediately upon signature.

Purpose
- To revise statutory age‑of‑enrollment rules for state‑approved four‑year‑old early childhood programs and to clarify/define eligibility and program requirements for the state’s "best in class" early childhood program funding/recognition.

Main changes and provisions
1. Changes to NDCC § 50‑11.1‑21(1) — Approval and enrollment rules for four‑year‑old programs
- Operators (persons or school districts) may request department approval for two‑year periods.
- Approval criteria reiterated/clarified: taught by appropriately licensed/approved early childhood educators; follow department requirements; meet municipal/state health, fire and safety rules; be otherwise compliant with the chapter.
- Age/enrollment cutoff: programs must limit enrollment to children who have reached age 4 before August 1 of the enrollment year.
- Exception: a child who will be 4 before December 1 may be allowed to enroll if the school district determines — based on child development factors (developmental milestones, school readiness, other individual considerations) — that enrollment is warranted.
- Application must include a nonrefundable $50 fee to the department to defray approval costs.

  1. Changes to NDCC § 50‑11.1‑23 — Eligibility for the Best in Class program
    • Eligible providers include approved four‑year‑old programs, federally funded Head Start, or other early childhood programs operating in North Dakota.
    • Providers must operate programs for children who are 4 before August 1 (with the same December 1 exception tied to § 50‑11.1‑21).
    • Minimum program duration: at least 400 hours delivered over a period of at least 32 consecutive weeks.
    • Must include at least 10 hours of research‑based family engagement.
    • Quality requirements: meet at least Step 3 of the North Dakota Early Childhood Quality Improvement System, or be accredited nationally, meet federal Head Start standards, or have DPI approval/certification.
    • Must admit children of all learning abilities and those receiving child care assistance.
    • The department may distribute Best in Class funds to approved applicants and may recapture funds if a program falls out of compliance.
    • Selection/distribution under this section is exempted from chapter 54‑44.4 (competitive procurement/application requirements).

Who is affected
- School districts and non‑district early childhood program operators seeking state approval.
- Children and families: generally sets an August 1 age cutoff for entry to four‑year‑old programs; allows limited local discretion to admit younger children (turning 4 by Dec 1) based on development.
- State Department of Public Instruction (or designated department): responsible for approvals, monitoring, distribution and recapture of Best in Class funds.
- Providers seeking Best in Class funding must meet clearer duration, engagement, and quality benchmarks.

Fiscal/administrative impacts
- $50 nonrefundable application fee (paid to the department) to help defray approval costs.
- No large state fiscal appropriation specified in the bill text; departmental administration/monitoring duties may require routine administrative work.

Practical effect
- Establishes a consistent statewide age cutoff (August 1) while preserving limited local discretion for younger children meeting development‑based criteria.
- Raises/clarifies minimum program standards for Best in Class eligibility (duration, family engagement, quality rating), tightening eligibility and accountability for state support.

Compiled from official sources — confirm details with the bill’s official record.

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