Louisiana Senate Bill SB524 Introduced / Bill

                    SLS 14RS-372	ORIGINAL
Page 1 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 524
BY SENATORS WALSWORTH AND LAFLEUR AND REPRESENTATIVES CARTER
AND LEGER 
EARLY CHILDHOOD ED. Provides for transfer of the lead agency for the Child Care and
Development Fund Block Grant and the transfer of oversight and administration of licensing
and regulation of early learning centers from the Department of Children and Family
Services to the Department of Education.  (7/1/14)
AN ACT1
To amend and reenact R.S. 15:587.1(A)(1)(a), 36:474(A)(11), and 477(B)(1), 46:1401,2
1402, 1402.1, 1403, 1404(A), 1405, 1406, 1407, 1414.1, 1415, 1417, 1418(A), 1419,3
1420(A), 1421, 1422, 1423, 1427, 1428, and 1430, to enact R.S. 17:407.26 and Part4
X-B of Chapter 1 of Title 17 of the Louisiana Revised Statutes of 1950, to be5
comprised of R.S. 17:407.31 through 407.51, and to repeal R.S. 46:1414, 1426 and6
1429, relative to early learning center licensing; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1.  R.S. 15:587.1(A)(1)(a) is hereby amended and reenacted to read as9
follows:10
§587.1 Provision of information to protect children11
A.(1)(a) As provided in R.S. 15:825.3, R.S. 17:15, R.S. 17:407.42,12
Children's Code Article 424.1, and R.S. 46:51.2 and 1441.13, any employer or others13
responsible for the actions of one or more persons who have been given or have14
applied to be considered for a position of supervisory or disciplinary authority over15
children, and as provided in R.S. 46:51.2(A), the Department of Children and Family16
Services as employer of one or more persons who have been given or have applied17 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 2 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
to be considered for a position whose duties include the investigation of child abuse1
or neglect, supervisory or disciplinary authority over children, direct care of a child,2
or performance of licensing surveys, shall request in writing that the bureau supply3
information to ascertain whether that person or persons have been arrested for or4
convicted of, or pled nolo contendere to, any criminal offense. The request must be5
on a form prepared by the bureau and signed by a responsible officer or official of6
the organization or department making the request. It must include a statement7
signed by the person about whom the request is made which gives his permission for8
such information to be released.9
*          *          *10
Section 2. R.S. 17:407.26 and Part X-B of Chapter 1 of Title 17 of the Louisiana11
Revised Statutes of 1950, comprised of R.S. 17:407.31 through 407.51, is hereby enacted12
to read as follows:13
§407.26. Federal Funds for the Child Care and Development Fund Programs;14
state Department of Education's authority to receive15
A. The state Department of Education may accept and direct the16
disbursement of funds appropriated by any act of Congress and apportioned to17
the state for use in connection with any Child Care and Development Fund18
programs. The state Department of Education shall deposit all such funds19
received from the federal government with the state treasurer who shall make20
disbursements upon the direction of the state Department of Education.21
B. The State Board of Elementary and Secondary Education shall22
promulgate rules and regulations to implement the Child Care and23
Development Fund State Plan. The state Department of Education shall develop24
and implement the state plan in accordance with such rules and regulations.25
*          *          *26
PART X-B.  EARLY LEARNING CENTER LICENSING27
§407.31.  Short title28
This Part may be cited as the "Early Learning Center Licensing Act".29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 3 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
§407.32. Legislative intent; declaration of purpose and policy1
It is the intent of the legislature to protect the health, safety, and2
well-being of the children of the state who are in out-of-home care on a regular3
or consistent basis. Toward that end, it is the purpose of this Part to establish4
statewide minimum standards for the safety and well-being of children in early5
learning centers, to ensure maintenance of these standards, and to regulate6
conditions in these centers through a program of licensing. The State Board of7
Elementary and Secondary Education shall promulgate rules and regulations8
to implement a program of licensing for early learning centers and the state9
Department of Education shall administer the licensing program pursuant to10
such rules and regulations.11
§407.33. Definitions12
A. As used in this Part, the following definitions shall apply unless the13
context clearly states otherwise:14
(1) "Camp" means any place or facility operated by any institution,15
society, agency, corporation, person or persons, or any other group which serves16
only children five years of age or older and operates only when school is not in17
session during the summer months or school holidays.18
(2) "Child" means a person who has not reached age eighteen or19
otherwise been legally emancipated.20
(3) "Child day care center" means any place or facility operated by any21
institution, society, agency, corporation, person or persons, or any other group22
for the purpose of providing care, supervision, and guidance of seven or more23
children, not including those related to the caregiver, unaccompanied by parent24
or legal custodian, on a regular basis for at least twelve and one-half hours in25
a continuous seven-day week. If a child day care center provides transportation26
or arranges for transportation to and from the center, either directly or by27
contract with third parties, all hours during which a child is being transported28
shall be included in calculating the hours of operation. A child day care center29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 4 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
that remains open for more than twelve and one-half hours in a continuous1
seven-day week, and in which no individual child remains for more than2
twenty-four hours in one continuous stay shall be known as a full-time child day3
care center. A child day care center that remains open after 9:00 p.m. shall meet4
the regulations established for nighttime care.5
(4) "Department" means the Department of Education6
(5) "Early learning center" means any child day care center, Early Head7
Start Center, Head Start Center, or stand-alone prekindergarten or8
kindergarten program that is not attached to a school.9
(6) "License type" means the type of license applied for or held, which10
shall include Type I, Type II, and Type III.11
(7) "Related" or "relative" means a natural or adopted child or12
grandchild of the caregiver or a child in the legal custody of the caregiver.13
§407.34. Requirement of licensure14
All early learning centers, which include child day care centers, Early15
Head Start centers, Head Start centers, and stand-alone prekindergarten or16
kindergarten programs not attached to a school, shall be licensed prior to17
beginning operations in Louisiana. Early learning center licenses shall be of18
three types: Type I, Type II, and Type III.19
§407.35. Exemptions from licensure requirements20
A. Public and non-public day schools serving children in grades one and21
above, including any kindergartens or prekindergarten programs attached22
thereto, as well as camps, and care given without charge, shall be exempt from23
the provisions of this Part.24
B. A recognized religious organization which is qualified as a tax-exempt25
organization under Section 501(c) of the Internal Revenue Code, which remains26
open for not more than twenty-four hours in a continuous seven-day week, and27
in which no individual child remains for more than twenty-four hours in one28
continuous stay shall not be considered an early learning center for the29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 5 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
purposes of this Part.1
C. Nothing in this Part shall apply to children in programs licensed or2
operated by the Department of Health and Hospitals or the Department of3
Children and Family Services.4
§407.36. Types of Licenses5
A. A "Type I license" is the type of license issued to an early learning6
center that is owned or operated by a church or religious organization and that7
receives no state or federal funds from any source, whether directly or8
indirectly.9
(1) No early learning center holding a Type I license shall receive any10
state or federal funds, from any source, whether directly or indirectly.11
(2) If an early learning center holding a Type I license receives any state12
or federal funds, its license shall be automatically revoked.13
B. A "Type II license" is the type of license issued to an early learning14
center that either receives no state or federal funds from any source, whether15
directly or indirectly, or whose only source of state or federal funds is from the16
United States Department of Agriculture's food and nutrition programs,17
hereinafter referred to in this Part as "federal food and nutrition programs".18
(1) No early learning center holding a Type II license shall receive any19
state or federal funds, from any source, whether directly or indirectly, other20
than those funds received solely for federal food and nutrition programs.21
(2) If an early learning center holding a Type II license receives any state22
or federal funds, whether directly or indirectly, other than those received solely23
for federal food and nutrition programs, its license shall be automatically24
revoked.25
C. A "Type III license" is the type of license issued to any early learning26
center which receives state or federal funds, directly or indirectly, from any27
source other than the federal food and nutrition programs.  Type III early28
learning centers shall meet the performance and academic standards of the29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 6 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Early Childhood Care and Education Network regarding kindergarten1
readiness as determined by the State Board of Elementary and Secondary2
Education.3
§407.37. Operating without a license; penalties4
A. Whoever operates any early learning center without a valid license5
issued by the department shall be fined by the department not less than one6
thousand dollars for each day of such offense.7
B. If any early learning center operates without a valid license issued by8
the department, the department may file suit in the district court in the parish9
in which the center is located for injunctive relief, including a temporary10
restraining order, to restrain the institution, agency, corporation, person or11
persons, or any other group operating the center from continuing the violation.12
§407.38. Transitional provisions; applicable regulations13
A. Until such time as rules are promulgated by the State Board of14
Elementary and Secondary Education to implement the types of licenses15
required by R.S. 17:407.36, early learning centers shall follow the rules,16
regulations, and standards in effect for Class A and Class B licensure of child17
care facilities found in La. Admin. Code, Title 67, Part III, Subpart 21, Child18
Care Licensing.19
B. Upon promulgation by the State Board of Elementary and Secondary20
Education of rules to implement the three types of licenses:21
(1) All existing early learning centers possessing a Class B license shall22
be issued a Type I license as provided by rule, unless the center meets the23
definition of a Type II license, in which case it shall be issued a Type II license24
as provided by rule.25
(2) All existing early learning centers possessing a Class A license that26
meet the definition of a Type II license shall be issued a Type II license as27
provided by rule.28
(3) All existing early learning centers possessing a Class A license that29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 7 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
meets the definition of a Type III license shall be issued a Type III license as1
provided by rule.2
C. Any early learning center that intends to change its license type at any3
time during the following calendar year shall apply for a new license no later4
than December first of the preceding year. This Subsection shall not apply to5
early learning centers changing location or ownership that are required to apply6
for a new license.7
§407.39. Licenses; application; temporary or provisional; fees8
A. Application for licensure of a new early learning center shall be made9
by the center to the department using forms furnished by the department. Upon10
receipt of an application for a license and verification that minimum11
requirements for such license as established by rule are satisfied, and upon12
verifying that the center is in compliance with all applicable state and local laws13
and regulations, the department shall issue a Type I, Type II, or Type III license14
for such period as may be provided for by rule.15
B. The State Board of Elementary and Secondary Education may16
provide by rule for the issuance of temporary, provisional, or extended licenses17
for each license type if a disapproval has not been received from any state or18
local agency authorized by any laws or rules to inspect or approve such centers.19
C. A license of any type shall apply only to the location stated on the20
application, and such license, once issued, shall not be transferable from one21
person to another or from one location to another. If the location or ownership22
of the center is changed, then the license shall be automatically revoked.23
D. Each licensed center shall display its license in a prominent place at24
the center.25
E. There shall be an annual license fee for each type of early learning26
center in an amount equal to the annual license fee in effect for all Class A and27
Class B child care facilities possessing such license upon the effective date of this28
Section, without an increase in the amount of such fees.29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 8 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
F. There shall be an annual license fee of twenty-five dollars for any1
license issued to an early learning center providing care for fifteen or fewer2
children; one hundred dollars for any license issued to an early learning center3
providing care for at least sixteen but no more than fifty children; one hundred4
seventy-five dollars for any license issued to an early learning center providing5
care for at least fifty-one but no more than one hundred children; and two6
hundred fifty dollars for any license issued to an early learning center providing7
care for more than one hundred children.8
G. The annual licensure fees provided in this Section shall not apply to9
Type I early learning centers.10
H. Annual fees for any type or category of license shall not be increased11
unless expressly authorized by statute as provided in Article VII, Section 2.1 of12
the Constitution of Louisiana.13
§407.40. Rules, regulations and standards for licenses14
A. The State Board of Elementary and Secondary Education shall15
promulgate regulations for each type of license which, at a minimum, shall16
accomplish all of the following:17
(1) Promote the health, safety, and welfare of children attending any18
early learning center.19
(2) Promote safe and proper physical facilities at all early learning20
centers.21
(3) Promote adequate supervision of those attending early learning22
centers.23
(4) Promote adequate and healthy food service in early learning centers24
where food is offered.25
(5) Prohibit discrimination on the basis of race, color, creed, sex, national26
origin, handicap, ancestry, or whether the child is being breastfed. However,27
nothing in this Paragraph shall be construed to affect, limit, or otherwise28
restrict the hiring or admission policies of an early learning center owned by a29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 9 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
church or religious organization, or prohibit such a center from giving1
preference in hiring or admission to members of the church or denomination.2
(6) Include procedures for the receipt, recordation, and disposition of3
complaints.4
B. (1) Every early learning center approved for licensure by the5
department shall be required to have all of the following:6
(a) Approval from the Office of State Fire Marshal.7
(b) Approval from the Department of Health and Hospitals.8
(2) Each Type III early learning center shall also be required to obtain9
approval from the department of adherence to the performance and academic10
standards of the Early Childhood Care and Education Network regarding11
kindergarten readiness as determined by the State Board of Elementary and12
Secondary Education. The department shall base its approval upon the uniform13
accountability system as promulgated by the State Board of Elementary and14
Secondary Education.15
C. The State Board of Elementary and Secondary Education shall16
conduct a comprehensive review of all standards, rules, and regulations for all17
licenses every three years.18
D. The State Board of Elementary and Secondary Education, upon19
request by the department, may waive compliance with a licensing minimum20
standard upon determination that the economic impact is sufficiently great to21
make compliance impractical, as long as the health and well-being of the staff22
or children is not imperiled. If it is determined that the early learning center is23
meeting or exceeding the intent of a standard or regulation, the standard or24
regulation may be deemed to be met.25
E. Nothing in the rules, regulations, and standards adopted pursuant to26
this Section shall authorize or require medical examination, immunization, or27
treatment of any child whose parents object to such examination, immunization,28
or treatment.29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 10 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
§407.41. State Central Registry Disclosure Requirement1
A. No individual whose name is recorded on the state central registry2
within the Department of Children and Family Services as a perpetrator for a3
justified finding of abuse or neglect of a child shall own or operate a licensed4
early learning center or shall be hired by a licensed early learning center as an5
employee or volunteer of any kind, including any therapeutic professionals,6
extracurricular personnel, and other independent contractors, unless there is7
a finding by the Department of Children and Family Services that the8
individual does not pose a risk to children.9
B. Any owner, operator, current or prospective employee, or volunteer10
of a licensed early learning center shall report annually, and at any time upon11
the request of the department, on the state central registry disclosure form12
promulgated by the Department of Children and Family Services, whether or13
not his name is currently recorded on the state central registry for a justified14
finding of abuse or neglect and he is the named perpetrator.15
C. Any such current or prospective employee or volunteer of a licensed16
early learning center shall submit the state central registry disclosure form to17
the owner or operator of the facility, who shall maintain the documents in18
accordance with current licensing requirements. Any state central registry19
disclosure form that is maintained in an early learning center licensing file shall20
be confidential and subject to the confidentiality provisions of R.S. 46:56(F)21
pertaining to the investigations of abuse and neglect.22
D. Any owner, operator, current or prospective employee, or volunteer23
of a licensed early learning center who knowingly falsifies the information on24
the state central registry disclosure form shall be guilty of a misdemeanor25
offense and shall be fined not more than five hundred dollars, or imprisoned for26
not more than six months, or both.27
E. Any owner, operator, current or prospective employee, or volunteer28
of a licensed early learning center who discloses that he is currently recorded29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 11 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
on the state central registry for a justified finding of abuse or neglect shall be1
entitled to a risk assessment evaluation provided by the Department of Children2
and Family Services to determine whether the individual poses a risk to3
children. Any such individual who is determined to pose a risk to children shall4
have the right to file an appeal in accordance with R.S. 49:992 of the5
Administrative Procedure Act. Any such determination shall be kept on file at6
all times by the Department of Children and Family Services.7
§407.42. Criminal History Review8
A. No person who has been convicted of or has pled nolo contendere to9
a crime listed in R.S. 15:587.1(C) shall directly or indirectly own, operate, or10
participate in the governance of an early learning center, or shall be hired by11
any early learning center as a volunteer or employee of any kind, including any12
therapeutic professionals, extracurricular personnel, and other independent13
contractors, or shall be hired by the department in a position whose duties14
include the performance of licensing inspections in early learning centers.15
B.(1) The State Board of Elementary and Secondary Education shall16
establish by regulation, requirements and procedures consistent with the17
provisions of R.S. 15:587.1 under which:18
(a) The owner or operator of an early learning center may request19
information concerning whether or not any owner or volunteer, applicant, or20
employee of any kind including contractors, of an early learning center has been21
arrested for or convicted of or pled nolo contendere to any criminal offense.22
(b) The department may request information concerning whether or not23
an applicant or employee of the department in a position whose duties include24
the performance of licensing inspections has been arrested for or convicted of25
or pled nolo contendere to any criminal offense.26
(2) Included in this regulation shall be the requirement and the27
procedure for the submission of a person's fingerprints in a form acceptable to28
the Louisiana Bureau of Criminal Identification and Information prior to29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 12 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
employment of such person. A person who has submitted his fingerprints to the1
Louisiana Bureau of Criminal Identification and Information may be2
temporarily hired pending the report from the bureau as to any convictions of3
or pleas of nolo contendere by the person to a crime listed in R.S. 15:587.1(C).4
§407.43. Inspections5
It shall be the duty of the department, through its duly authorized6
agents, to inspect at regular intervals not to exceed one year, and as deemed7
necessary by the department, and without previous notice, all early learning8
centers subject to the provisions of this Part. The department shall also develop9
and facilitate coordination with and among other authorized agencies making10
inspections at regular intervals. The early learning centers shall be open to11
inspection by authorized inspection personnel and by parents or legal12
custodians of children in care only during working hours.13
§407.44.  Denial, refusal to renew, or revocation of license; written notice14
The department shall have the power to deny, revoke, or refuse to renew15
a license for an early learning center if an applicant has failed to comply with16
the provisions of this Part or any applicable, published rule or regulation of the17
State Board of Elementary and Secondary Education relating to early learning18
centers. If a license is denied or revoked, or renewal is refused, the action shall19
be effective when made, and the department shall notify the applicant or20
licensee of such action in writing immediately, and of the reason for the denial21
or revocation, or refusal to renew the license.22
§407.45. Denial, refusal to renew, or revocation of license; appeal procedure23
A. Upon the refusal of the department to grant or renew a license or24
upon the revocation of a license, the applicant or licensee having been refused25
a license or renewal, or having had a license revoked shall have the right to26
appeal such action to the division of administrative law by submitting a written27
request for an appeal to the department within thirty calendar days after28
receipt of the notification of the refusal to grant a license, or within fifteen29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 13 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
calendar days after receipt of the notification of the refusal to renew or1
revocation. The department shall notify the division of administrative law2
within ten calendar days of receipt of a request for an appeal and the appeal3
hearing shall be held no later than thirty calendar days after such notice, with4
an administrative ruling no later than fifteen calendar days from the date of a5
hearing for revocation or refusal to renew a license, or within thirty days from6
the date of a hearing for the denial of a new license. This provision shall in no7
way preclude the right of the party to seek relief through mandamus suit8
against the department, as provided by law.9
B. Notwithstanding any law, rule, regulation, or provision to the10
contrary, including but not limited to R.S. 49:964(A)(2), the department shall11
be entitled to seek judicial review from any final decision or order rendered by12
the division of administrative law in any appeal hearing arising under this Part.13
The venue of judicial review shall be the district court of the parish in which the14
licensee is located.15
§407.46. Operating in violation of regulations; penalties and fines16
A. (1) For violations related to supervision, criminal history record17
checks, the state central registry disclosure form, staff-to-child ratios, motor18
vehicle checks, or failure to report critical incidents, the department may issue19
a written warning that includes a corrective action plan, in lieu of revocation,20
upon any person or entity violating these requirements if such condition or21
occurrence does not pose an imminent threat to the health, safety, rights, or22
welfare of a child. Failure to implement a corrective action plan issued pursuant23
to this Section may result in either the assessment of a civil fine or license24
revocation or may result in both actions being taken by the department. Such25
civil fine shall not exceed two hundred fifty dollars per day for each assessment;26
however, the aggregate fines assessed for violations determined in any27
consecutive twelve-month period shall not exceed two thousand dollars.28
(2) The State Board of Elementary and Secondary Education shall adopt29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 14 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
rules in accordance with the Administrative Procedure Act that articulate1
factors in determining the type of sanction imposed including the severity of2
risk, the actual harm and mitigating circumstances, the failure to implement a3
written corrective action plan, the history of noncompliance, an explanation of4
the treatment of continuing and repeat deficiencies, evidence of a good faith5
effort to comply, and any other relevant factors.  The authority to impose6
sanctions pursuant to this Section shall commence on the effective date of the7
rules promulgated pursuant to this Section.8
B. The State Board of Elementary and Secondary Education shall adopt9
rules and regulations in accordance with the Administrative Procedure Act to10
provide for notice to the early learning center of any violation, for a11
departmental reconsideration process for sanctions issued, and for an appeal12
procedure including judicial review. Such appeal shall be suspensive. All13
appeals pursuant to this Subsection shall be heard by the division of14
administrative law pursuant to Chapter 13-B of Title 49 of the Louisiana15
Revised Statutes of 1950. The division shall furnish to the facility or agency a16
copy of the decision, together with notice of the manner for requesting judicial17
review. During the pendency of an appeal, an early learning center may18
continue to receive funding for services provided to those eligible children as19
determined by the department.20
C. The department may institute any necessary civil court action to21
collect fines imposed and not timely appealed. No child care facility shall claim22
imposed fines as reimbursable. Interest shall begin to accrue at the current23
judicial rate on the day following the date on which any fines become due and24
payable. All costs of any successful action to collect such fines, including travel25
expenses and reasonable attorney fees, shall be awarded to the department in26
addition to the fines.27
D.(1) Civil fines collected pursuant to the provisions of this Section shall28
be deposited immediately into the treasury.29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 15 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) After compliance with the requirements of Article VII, Section 9(B)1
of the Constitution of Louisiana relative to the Bond Security and Redemption2
Fund, and prior to the monies being placed in the state general fund, an amount3
equal to the amount deposited as provided in Paragraph (1) of this Subsection4
shall be credited to a special fund hereby created in the state treasury to be5
known as the "Early Learning Center Licensing Trust Fund", hereinafter6
referred to as "the fund". The monies in the fund shall be subject to annual7
appropriation and shall be available exclusively for use by the department for8
the education and training of employees, staff, or other personnel of child care9
facilities.10
(3) The monies in the fund shall be invested by the treasurer in the same11
manner as the monies in the state general fund, and all interest earned from the12
investment of monies in the fund shall be deposited in and remain to the credit13
of the fund. All unexpended and unencumbered monies remaining in the fund14
at the end of the fiscal year shall remain in the fund.15
§407.47. Complaints against centers16
It shall be the duty of the department, through its duly authorized17
agents, to report all complaints, including but not limited to complaints alleging18
child abuse or the prevention or spread of communicable diseases, against any19
early learning center to the appropriate agencies for investigation and20
disposition.21
§407.48. Disclosure of center information22
A. The department shall make available, upon written request of a23
parent or legal custodian of any child who has applied for placement in an early24
learning center licensed by the department, the following information relative25
to such early learning center:26
(1) Any violations of standards, rules, or regulations in the prior twelve27
months.28
(2) Any waivers of minimum standards authorized for such early29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 16 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
learning center.1
B. Requests may be sent by email, facsimile, or mail and shall include the2
name of each early learning center for which information is requested.3
C. Early learning centers shall make available to parents or legal4
custodians information on how to view or obtain copies of early learning center5
licensing inspections from the department's website.6
§407.49. Parent-child relationship7
The State Board of Elementary and Secondary Education and the8
department shall not interfere with the parent-child relationship regarding the9
religious training of a child, where all of the following conditions are met:10
(1) The parent or legal custodian has enrolled their child in a child care11
facility, including but not limited to a child residential facility, operated by a12
religious, nonprofit organization which is exempt from federal income taxes13
pursuant to 26 U.S.C. 501(c)(3).14
(2) Where, as a condition of enrollment, the child is required to attend15
religious services or classes and the parent or legal custodian of the child agrees16
to such condition.17
§407.50. Immunization information; influenza18
A. Each licensed early learning center, before November first of each19
year, shall make available to each child's parent or legal custodian information20
relative to the risks associated with influenza and the availability, effectiveness,21
known contraindications and possible side effects of the influenza22
immunization. Such information shall include the causes and symptoms of23
influenza, the means by which influenza is spread, and the places where a24
parent or legal custodian may obtain additional information and where a child25
may be immunized against influenza. Such information shall be updated26
annually if new information on such disease is available.27
B. (1) The Department of Health and Hospitals shall develop and provide28
information on influenza immunization to the department. The department29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 17 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
shall provide such information to each licensed early learning center, which1
shall make the information available to each child's parent or legal custodian2
pursuant to Subsection A of this Section.3
(2) The Department of Health and Hospitals and the department shall4
determine respectively the most cost-effective and efficient means of5
distributing such information.6
C. The department, in consultation with the Department of Health and7
Hospitals, shall establish by rules and regulations all guidelines and procedures8
for carrying out the provisions of this Section in accordance with the9
Administrative Procedure Act.10
D. Nothing in this Section shall be construed to require any licensed early11
learning center, the department, or the Department of Health and Hospitals to12
provide or pay for immunizations against influenza.13
§407.51.  Rules14
The State Board of Elementary and Secondary Education shall15
promulgate rules and regulations in accordance with the provisions of the16
Administrative Procedure Act to carry out the provisions of this Part.17
Section 3.  R.S. 36:474(A)(11), and 477(B)(1) is hereby amended and reenacted to18
read as follows:19
§474. Powers and duties of the secretary of the Department of Children and Family20
Services21
A. In addition to the functions, powers, and duties otherwise vested in the22
secretary by law, he shall:23
*          *          *24
(11) Except as provided in Subsection G of this Section, prepare and submit25
a state plan for participation in the Child Care and Development Block Grant26
Program and in the Title IV-A federal program to assist families at risk of welfare27
dependency.  The Joint Committee on Health and Welfare shall serve as an advisory28
committee to the secretary to begin developing the state plan.29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 18 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
*          *          *1
§ 477. Office; purposes and functions2
*          *          *3
B.(1) The office of children and family services shall perform the services of4
the state relating to public assistance programs to provide aid to dependent children5
and to adults, who due to age, disability, or infirmity, are unable to adequately meet6
their basic needs.  It shall also administer the food stamp program, child support7
programs, establishment of paternity programs, disaster relief grant programs for8
individuals and families, and such other programs as assigned by the secretary.  It9
shall also conduct disability and other client eligibility determinations, and may10
conduct medical assistance client eligibility determinations. The office is authorized11
to enter into interagency agreements with other state agencies to conduct eligibility12
determinations. The office shall provide for the public child welfare functions of the13
state including but not limited to prevention services which promote, facilitate, and14
support activities to prevent child abuse and neglect; child protective services;15
voluntary family strengthening and support services; making permanent plans for16
foster children and meeting their daily maintenance needs of food, shelter, clothing,17
necessary physical medical services, school supplies, and incidental personal needs;18
and adoption placement services for foster children freed for adoption. It shall also19
perform the functions of the state relating to the licensing of child care facilities that20
do not receive federal funds under Title XIX of the Social Security Act and day care21
centers and agencies facilities regulated under Chapter 14 of Title 46 of the22
Louisiana Revised Statutes of 1950.  The office shall issue and monitor domestic23
violence services contracts.24
*          *          *25
Section 4. R.S. 46:1401, 1402, 1402.1, 1403, 1404(A), 1405, 1406, 1407, 1414.1,26
1415, 1417, 1418(A), 1419, 1420(A), 1421, 1422, 1423, 1427, 1428, and 1430 are hereby27
amended and reenacted to read as follows:28
CHAPTER 14. CHILD CARE FACILITIES AND29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 19 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
CHILD-PLACING AGENCIES LICENSING SPECIALIZED PROVIDERS1
§1401. Short title2
This Chapter may be cited as the "Child Care Facility and Child-Placing3
Agency Specialized Provider Licensing Act."4
§1402. Legislative intent; declaration of purpose and policy5
It is the intent of the legislature to protect the health, safety, and well-being6
of the children of the state who are in out-of-home care on a regular or consistent7
basis. Toward that end, it is the purpose of this Chapter to establish statewide8
minimum standards for the safety and well-being of children, to insure maintenance9
of these standards, and to regulate conditions in these facilities through a program10
of licensing. It shall be the policy of the state to insure protection of all individuals11
under care in child care facilities and placement agencies specialized providers and12
to encourage and assist in the improvement of programs. It is the further intent of the13
legislature that the freedom of religion of all citizens shall be inviolate. This Chapter14
shall not give the Department of Health and Hospitals or the Department of Children15
and Family Services jurisdiction or authority to regulate, control, supervise, or in any16
way be involved in the form, manner, or content of any curriculum or instruction of17
a school or facility specialized provider sponsored by a church or religious18
organization so long as the civil and human rights of the clients and residents are not19
violated.20
§1402.1. Licensing; prohibition of conflict of interest21
All licenses issued to child care facilities and child-placing facilities22
specialized providers pursuant to this Chapter shall specify that the facility shall not23
enter into any contract or engage in any activities in conflict with its duties to the24
mothers, fathers, and children that it is licensed to serve.25
§1403. Definitions26
A. As used in this Chapter, the following definitions shall apply unless the27
context clearly states otherwise:28
(1) "Camp" means any place or facility operated by any institution, society,29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 20 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
agency, corporation, person or persons, or any other group which serves only1
children five years of age or older and operates only when school is not in session2
during the summer months or school holidays, or both.3
(2) "Child" means a person who has not reached age eighteen or otherwise4
been legally emancipated. The words "child" and "children" are used interchangeably5
in this Chapter.6
(3) "Child day care center" means any place or facility operated by any7
institution, society, agency, corporation, person or persons, or any other group for8
the purpose of providing care, supervision, and guidance of seven or more children,9
not including those related to the caregiver, unaccompanied by parent or guardian,10
on a regular basis for at least twelve and one-half hours in a continuous seven-day11
week. If a child day care center provides transportation or arranges for transportation12
to and from the center, either directly or by contract with third parties, all hours13
during which a child is being transported shall be included in calculating the hours14
of operation. A child day care center that remains open for more than twelve and15
one-half hours in a continuous seven-day week, and in which no individual child16
remains for more than twenty-four hours in one continuous stay shall be known as17
a full-time child day care center. A child day care center that remains open after 9:0018
p.m. shall meet the appropriate regulations established for nighttime care.19
(4) (2) "Child-placing agency" means any institution, society, agency,20
corporation, facility, person or persons, or any other group engaged in placing21
children in foster care or with substitute parents for temporary care or for adoption,22
or engaged in assisting or facilitating the adoption of children, or engaged in placing23
youth in transitional placing programs, but shall not mean a person who may24
occasionally refer children for temporary care.25
(5) (3) "Department" means the Department of Children and Family Services.26
(6) "Early childhood learning center" means any child day care center, Early27
Head Start grantee, Head Start grantee, or stand-alone prekindergarten or28
kindergarten program that is not attached to a school and that is licensed by the state.29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 21 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(7) "License category" means the category of license applied for or held,1
which shall include early childhood learning centers, maternity homes, residential2
homes, and child-placing agencies.3
(8) (4) "License type" means the type of license applied for or held by a4
specialized provider, which shall include Type I , Type II, Type III, and Type IV5
licenses.6
(9) (5) "Maternity home" means any place or facility in which any institution,7
society, agency, corporation, person or persons, or any other group regularly receives8
and provides necessary services for children before, during, and immediately9
following birth. This definition shall not include any place or facility which receives10
and provides services for women who receive maternity care in the home of a11
relative within the sixth degree of kindred, computed according to civil law, or12
general or special hospitals in which maternity treatment and care is part of the13
medical services performed and the care of children only brief and incidental.14
(10) (6) "Related" or "relative" means a natural or adopted child or15
grandchild of the caregiver or a child in the legal custody of the caregiver.16
(11) (7) "Residential home" means any place, facility, or home operated by17
any institution, society, agency, corporation, person or persons, or any other group18
to provide full-time care, twenty-four hours per day, for more than four children who19
are not related to the operators and whose parents or guardians are not residents of20
the same facility, with or without transfer of custody.21
(12) "School", as referred to in R.S. 46:1415, means any institution or facility22
which provides for education of children in grades one or above. Any kindergarten23
or prekindergarten attached thereto shall be considered part of that school.24
(13) (8) "Specialized provider" means a child-placing agency, maternity25
home, or residential home.26
(14) (9) "Type I license" means a license held by a child day care center or27
residential home that is owned or operated by a church or religious organization that28
does not wish to be licensed as a Type II, Type III, or Type IV center. Nothing herein29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 22 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
shall be construed to require a children's religious ministry program operated by a1
church or other religious organization in accordance with R.S. 46:1429 to be licensed2
pursuant to this Chapter. "Type I license" also means a license held by a 	child day3
care center or residential home holding a Class B license prior to the effective date4
of this Section.5
(15) "Type II license" means the license held by a privately owned child day6
care center that either receives no state or federal funds from any source, whether7
directly or indirectly, or whose only source of state or federal funds is the federal8
food and nutrition program.9
(16) "Type III license" means the license held by any publicly or privately10
owned early childhood learning center which receives state or federal funds, directly11
or indirectly, from any source other than the federal food and nutrition program.12
Type III early childhood learning centers shall meet the performance and academic13
standards of the Early Childhood Care and Education Network regarding14
kindergarten readiness, as determined by the State Board of Elementary and15
Secondary Education.16
(17) (10) "Type IV license" means the license held by any publicly or17
privately owned specialized provider.18
(18) (11) "Youth" means a person not less than sixteen years of age nor older19
than twenty-one years of age.20
B. For purposes of this Chapter "child care facility" shall include maternity21
homes, early childhood learning centers, and residential homes as defined in this22
Section.23
*          *          *24
§1404. Requirement of licensure25
A. All early childhood learning centers and specialized providers, including26
facilities owned or operated by any governmental, profit, nonprofit, private, or27
church agency, shall be licensed. Child care facility Specialized provider licenses28
shall be of four two types: Type I , Type II, Type III, and Type IV.29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 23 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
*          *          *1
§1405. Transitional provisions2
A.(1) Until such time as rules are promulgated by the department to3
implement the types of licenses required by R.S. 46:1404, child care facilities and4
child-placing agencies specialized providers shall follow the rules, regulations, and5
standards in effect for Class A and Class B licensure.6
(2) The department shall create an early childhood learning working group7
to include one representative from Louisiana's Early Childhood Advisory Council,8
the Child Care Association of Louisiana, the Nonpublic School Council, the9
Louisiana Head Start Association, the Department of Children and Family Services,10
the Department of Education, the Children's Cabinet, and the office of the governor.11
Such working group shall include participants having expertise in care of infants and12
toddlers, pediatric health, pediatric mental health, cognitive development, and social13
emotional development. The department shall seek input from the working group in14
the development of the rules and regulations establishing Type I, Type II, and Type15
III licenses and shall submit the proposed rules and regulations pursuant to this16
Section to the working group for approval. Such working group shall forward the17
proposed rules and regulations to the Children's Defense Fund, the Louisiana18
Association for the Education of Young Children, and Louisiana Partnership for19
Children and Families no later than November 1, 2013, for review and comment. The20
working group shall be dissolved on the effective date of any provision of law which21
transfers statutory authority for licensing of child day care centers from the22
Department of Children and Family Services to the Department of Education.23
B. All existing child day care centers or residential homes possessing a Class24
B license shall be issued a Type I license as provided by rule.25
C.(1) All child day care centers that meet the definition for a Type II license26
pursuant to this Chapter shall be issued a Type II license as provided by rule.27
28
(2) Any child day care center possessing a Class A license on January 1, 201429 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 24 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
that meets the definition of a Type II license pursuant to this Chapter shall be issued1
a Type II license as provided by rule.2
D. All existing early childhood learning centers that meet the definition for3
a Type III license pursuant to this Chapter shall be issued a Type III license as4
provided by rule.5
E.(1) C. All existing child placing agencies, maternity homes, and residential6
homes that meet the definition for a Type IV license pursuant to this Chapter shall7
be issued a Type IV license as provided by rule.8
(2) Any maternity home, residential home, or child-placing agency9
possessing a Class A license on January 1, 2014 that meets the definition of a Type10
IV license pursuant to this Chapter shall be issued a Type IV license.11
F. Any early childhood learning center that requests to change its license type12
for the following year shall apply to the department no later than December first of13
the preceding year. This Subsection shall not apply to early childhood learning14
centers changing location or ownership that are required to apply for a new license15
pursuant to R.S. 46:1406(C).16
§1406. Licenses; application; temporary or provisional; fees17
A. Application for licensure of a new child care facility or specialized18
provider shall be made by the child care facility or specialized provider to the19
department upon forms furnished by the department. Upon receipt of the application20
for a license and verification that minimum requirements for such license as21
established by rule are satisfied, and that the facility or agency specialized provider22
is in compliance with all other state and local laws and regulations, the department23
shall issue a Type I, Type II, Type III, or Type IV license for the appropriate license24
category for such period as may be provided for by rule.25
B. The department may provide through the promulgation of rules for the26
issuance of temporary, provisional, or extended licenses for each license category27
and type if a disapproval has not been received from any other state or local agency28
authorized by any other laws or rules to inspect such facilities or agencies29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 25 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
specialized providers.1
C. A license of any type or category shall apply only to the location stated on2
the application, and such license, once issued, shall not be transferable from one3
person to another or from one location to another. If the location or ownership of the4
facility specialized provider is changed, then the license shall be automatically5
revoked. A new application form shall be completed prior to all license renewals.6
D. Each licensed facility specialized provider shall display its license in a7
prominent place at the facility, except that a facility specialized provider operated8
by a church or religious organization may be exempt from such requirement,9
provided the license is available upon request.10
E. There shall be an annual license fee for each type of early childhood11
learning center and specialized provider in an amount equal to the annual license fee12
in effect for all Class A and Class B child care facilities and child-placing agencies13
specialized providers possessing such license on January 1, 2014, without an14
increase in the amount of such fees.15
F. There shall be an annual license fee of twenty-five dollars for any license16
issued to an early childhood learning center providing care for fifteen or fewer17
children; one hundred dollars for any license issued to an early childhood learning18
center providing care for at least sixteen but no more than fifty children; one hundred19
seventy-five dollars for any license issued to an early childhood learning center20
providing care for at least fifty-one but no more than one hundred children; and two21
hundred fifty dollars for any license issued to an early childhood learning center22
providing care for more than one hundred children.23
G. There shall be an annual license fee of one hundred dollars for any license24
issued to a residential home providing care for six or less children; two hundred25
dollars for any license issued to a residential facility providing care for at least seven26
but no more than fifteen children; and three hundred dollars for any license issued27
to a residential facility providing care for sixteen or more children.28
H. F. There shall be an annual license fee of fifty dollars for any license29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 26 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
issued to a child-placing agency or maternity home.1
I. G. The fees provided for in this Section shall not apply to any Type I child2
day care center specialized provider owned or operated by a church or religious3
organization.4
J. H. Annual fees for any type or category of license shall not be increased5
unless expressly authorized by statute as provided in Article VII, § Section 2.1 of the6
Constitution of Louisiana.7
§1407. Rules, regulations, and standards for licenses8
A. The department shall promulgate regulations for each category and type9
of license to carry out the provisions of this Chapter in accordance with the10
provisions of the Administrative Procedure Act. The department shall seek input and11
guidance from the Louisiana Advisory Council on Child Care and Early Education12
concerning the proposed rules and regulations for approval of Type I, Type II, and13
Type III facilities for licensure in accordance with the Administrative Procedure Act.14
B.(1) The regulations developed by the department, at a minimum, shall15
accomplish all of the following:16
(a) Promote the health, safety, and welfare of children attending any facility17
specialized provider.18
(b) Promote safe, comfortable, and proper physical facilities of specialized19
providers.20
(c) Ensure adequate supervision of those attending facilities specialized21
providers by capable, qualified, and healthy personnel.22
(d) Ensure adequate and healthy food service in facilities specialized23
providers where food is offered.24
(e) Prohibit discrimination by early childhood learning centers and25
specialized providers on the basis of race, color, creed, sex, national origin, handicap,26
ancestry, or whether the child is being breastfed. However, nothing in this27
Subparagraph shall be construed to affect, limit, or otherwise restrict any of the28
following:29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 27 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(i) The hiring or admission policies of a licensed child day care center1
specialized provider owned by a church or religious organization, which may give2
preference in hiring or admission to members of the church or denomination.3
(ii) The rights of religious sectarian child-placing agencies to consider creed4
in any decision or action relating to foster care or adoption.5
(f) Require residential home and maternity home providers to have a6
written description of admission policies and criteria which expresses the needs,7
problems, situations, or patterns best addressed by its program. These policies shall8
be available to the person legally responsible for any child referred for placement.9
(g) Include procedures by which parents and guardians are given an10
opportunity for consultation and information about the educational and therapeutic11
programs for the child in attendance.12
(h) Include regulations and standards for nighttime care.13
(i) Include procedures for the receipt, recordation, and disposition of14
complaints.15
(j) Include procedures for the return of a child to his parent. Arrangements16
for the child's return to his parent shall not include third parties or other child care17
agencies unless written agreement between the child care agency and the parent is18
on file with the child care agency.19
(k) Include procedures that allow an early childhood learning center to20
remedy certain deficiencies immediately upon identification by the department in an21
onsite inspection, provided that any deficiency that may be remedied in such manner22
does not constitute a critical violation of licensing standards as determined by the23
department.24
(2)(a) Any entity specialized provider approved by the department shall be25
required to have all of the following:26
(i) (a) Approval from the Department of Public Safety and Corrections, office27
of the state fire marshal, code enforcement and building safety.28
29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 28 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(ii) (b) Approval from the Department of Health and Hospitals, office of1
public health.2
(b) Type III early childhood learning centers shall adhere to the performance3
and academic standards of the Early Childhood Care and Education Network4
regarding kindergarten readiness as determined by the State Board of Elementary5
and Secondary Education. The Department of Education shall base its approval upon6
the uniform accountability system.7
(3) No facility residential home provider holding a Type I license shall8
receive any state or federal funds, from any source, whether directly or indirectly.9
If a facility residential home provider holding a Type I license receives any state10
or federal funds, its license shall be automatically revoked.11
(4) No facility holding a Type II license shall receive any state or federal12
funds, from any source, whether directly or indirectly, other than those received13
solely for food and nutrition. If a facility holding a Type II license receives any state14
or federal funds, whether directly or indirectly, other than those received solely for15
food and nutrition, its license shall be automatically revoked.16
C. The department shall prepare standard forms for applications and for17
inspection reports.18
D. A comprehensive review of all standards, rules, and regulations for all19
licenses shall be made at least every three years by the department.20
E. The secretary of the department, in specific instances, may waive21
compliance with a minimum standard upon determination that the economic impact22
is sufficiently great to make compliance impractical, as long as the health and well-23
being of the staff or children is not imperiled. If it is determined that the facility24
specialized provider or agency is meeting or exceeding the intent of a standard or25
regulation, the standard or regulation may be deemed to be met.26
F. Discrimination by child care facilities specialized providers and child-27
placing agencies on the basis of race, color, creed, sex, national origin, disability as28
defined by R.S. 51:2232(11), ancestry, or whether the child is being breastfed is29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 29 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
prohibited. However, this shall not restrict the hiring or admission policies of a1
church or religious organization, which may give preference in hiring or admission2
to members of the church or denomination.3
G. The department shall not regulate or attempt to regulate or control the4
religious or spiritual content of the curriculum of a school or facility specialized5
provider sponsored by a church or religious organization.6
H. Nothing in the rules, regulations, and standards adopted pursuant to this7
Section shall authorize or require medical examination, immunization, or treatment8
of any child whose parents object to such examination, immunization, or treatment9
on religious grounds.10
I. Each residential home and maternity home facility shall have a written11
discipline policy, which shall be made available to parents and to authorized12
inspection personnel upon request.13
*          *          *14
§1414.1. Disclosure requirements; penalties15
A. Any owner, operator, current or prospective employee, or volunteer of a16
child care facility specialized provider licensed by the Department of Children and17
Family Services shall report annually and at any time upon the request of the18
department on the state central registry disclosure form promulgated by the19
department whether or not his name is currently recorded on the state central registry20
for a justified finding of abuse or neglect and he is the named perpetrator.21
B. Any such current or prospective employee or volunteer of a child care22
facility specialized provider licensed by the department shall submit the state23
central registry disclosure form to the owner or operator of the facility specialized24
provider, who shall maintain the documents in accordance with current department25
licensing requirements. Any state central registry disclosure form that is maintained26
in a child care facility by a special provider licensing file shall be confidential and27
subject to the confidentiality provisions of R.S. 46:56(F) pertaining to the28
investigations of abuse and neglect.29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 30 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
C. Any owner, operator, current or prospective employee, or volunteer of a1
child care facility specialized provider licensed by the department who knowingly2
falsifies the information on the state central registry disclosure form shall be guilty3
of a misdemeanor offense and shall be fined not more than five hundred dollars, or4
imprisoned for not more than six months, or both.5
D. Any owner, operator, current or prospective employee, or volunteer of a6
child care facility specialized provider licensed by the department who discloses7
that he is currently recorded on the state central registry for a justified finding of8
abuse or neglect shall be entitled to a risk assessment evaluation provided by the9
department to determine that the individual does not pose a risk to children. Any10
such individual who is determined to pose a risk to children shall have the right to11
file an appeal in accordance with R.S. 49:992 of the Administrative Procedure Act.12
Any such determination by the risk evaluation panel shall be kept on file at all times13
by the department.14
E. The department shall promulgate rules and regulations to implement this15
Section. The rules and regulations shall include but not be limited to establishing16
criteria for risk evaluation requests, the composition of the risk evaluation panel, and17
establishing criteria for risk evaluation determinations.18
§1415. Facilities and agencies subject to regulation; exemptions19
A. All early childhood learning centers and specialized providers shall be20
subject to the provisions of this Chapter. However, private or public day schools21
serving children in grades one and above, including any kindergartens or22
prekindergarten programs attached thereto, as well as camps, and all care given23
without charge, shall be exempt from such provisions.24
B. Nothing in this Chapter shall apply to facilities licensed by the Department25
of Health and Hospitals or the Department of Education.26
*          *          *27
§1417. Inspections28
It shall be the duty of the department, through its duly authorized agents, to29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 31 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
inspect at regular intervals not to exceed one year, or as deemed necessary by the1
department, and without previous notice all child care facilities and child-placing2
agencies specialized providers subject to the provisions of this Chapter. The3
department shall also develop and facilitate coordination with and among other4
authorized agencies making inspections at regular intervals. The facility A5
specialized provider shall be open to inspection only during working hours by6
parents or legal guardians of children in care and by authorized inspection personnel.7
§1418. Complaints8
A. It shall be the duty of the department, through its duly authorized agents,9
to investigate all complaints (except complaints concerning the prevention or spread10
of communicable diseases), including complaints alleging child abuse, against any11
child care facility or child-placing agency specialized provider as defined in this12
Chapter. The department may take such action as is authorized by this Chapter. Any13
complaint received concerning the prevention or spread of communicable diseases14
shall be immediately referred to the state health officer through the nearest parish15
health unit for investigation and disposition.16
*          *          *17
§1419. Revocation or refusal to renew license; written notice18
The department shall have the power to deny, revoke, or refuse to renew a19
license for a child care facility or specialized provider if an applicant has failed to20
comply with the provisions of this Chapter or any applicable, published rule or21
regulation of the department relating to child care facilities and specialized22
providers. If a license is denied, revoked, or withdrawn, the action shall be effective23
when made and the department shall notify the applicant, licensee, or specialized24
provider of such action in writing immediately and of the reason for the denial,25
revocation, or withdrawal of the license.26
§1420. Refusal or revocation of license; appeal procedure27
A. Upon the refusal of the department to grant a license or upon the28
revocation of a license, the agency, institution, society, corporation, person or29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 32 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
persons, or other group having been refused a license or having had a license1
revoked shall have the right to appeal such action by submitting a written request to2
the secretary of the department within thirty days after receipt of the notification in3
the case of the refusal of the license or, in the case of revocation, within fifteen4
calendar days after receipt of the notification of the revocation. The appeal hearings5
shall be held no later than thirty days after the request therefor, except as provided6
in the Administrative Procedure Act, and shall be conducted in accordance with7
applicable regulations of the department and the provisions of R.S. 46:107. This8
provision shall in no way preclude the right of the party to seek relief through9
mandamus suit against the department, as provided by law.10
*          *          *11
§1421. Operating without or in violation of license; penalty12
Whoever operates any child care facility or as a specialized provider, as13
defined in R.S. 46:1403, without a valid license issued by the department shall be14
fined not less than one thousand dollars per day for each day of such offense.15
§1422. Operating without or in violation of license; injunctive relief16
If any child care facility or specialized provider operates without a valid17
license issued by the department, the department may file suit in the district court in18
the parish in which the facility specialized provider is located for injunctive relief,19
including a temporary restraining order, to restrain the institution, society, agency,20
corporation, person or persons, or any other group operating the facility specialized21
provider or agency from continuing the violation. The state health officer shall have22
exclusive authority over all matters involving the prevention or spread of23
communicable diseases within a child care facility or specialized provider.24
§1423. Removal of individuals from facility25
The department shall remove any child or all children from any facility or26
agency specialized provider when it is determined that one or more violations exist27
within the facility specialized provider or agency which places the health and well-28
being of the child or children in imminent danger; provided, however, that a29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 33 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
contradictory hearing shall be held within seven days thereafter by the district court1
of the district to determine whether the action was justified and whether and how2
long it shall continue.3
*          *          *4
§1427. Parent-child relationship5
The Department of Children and Family Services shall not interfere with the6
parent-child relationship regarding the religious training of a child, where all of the7
following conditions are met:8
(1) The parent or legal guardian has enrolled their child in a child care facility9
specialized provider, including but not limited to a child residential facility,10
operated by a religious, nonprofit organization which is exempt from federal income11
taxes pursuant to 26 U.S.C. 501(c)(3).12
(2) Where, as a condition of enrollment, the child is required to attend13
religious services or classes and the parent or guardian of the child agrees to such14
condition.15
§1428. Immunization information; influenza16
A. Each licensed child care facility specialized provider of child placing17
agency, before November first of each year, shall make available to each child's18
parent or legal guardian information relative to the risks associated with influenza19
and the availability, effectiveness, known contraindications, and possible side effects20
of the influenza immunization. Such information shall include the causes and21
symptoms of influenza, the means by which influenza is spread, and the places22
where a parent or legal guardian may obtain additional information and where a child23
may be immunized against influenza. Such information shall be updated annually if24
new information on such disease is available.25
B.(1) The Department of Health and Hospitals shall develop and provide26
information on influenza immunization to the Department of Children and Family27
Services. The Department of Children and Family Services shall provide such28
information to each licensed child care facility specialized provider or child29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 34 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
placing agency, which shall make the information available to each child's parent1
or legal guardian pursuant to Subsection A of this Section.2
(2) The Department of Health and Hospitals and the Department of Children3
and Family Services shall determine respectively the most cost-effective and4
efficient means of distributing such information.5
C. The Department of Children and Family Services, in consultation with the6
Department of Health and Hospitals, shall establish by rules and regulations all7
guidelines and procedures for carrying out the provisions of this Section in8
accordance with the Administrative Procedure Act.9
D. Nothing in this Section shall be construed to require any 	licensed child10
care facility specialized provider or child placing agency, the Department of11
Children and Family Services, or the Department of Health and Hospitals to provide12
or pay for immunizations against influenza.13
*          *          *14
§1430. Operating in violation of regulations; penalties and fines15
A.(1) For violations related to supervision, criminal history record checks,16
the state central registry disclosure process, staff-to-child ratios, motor vehicle17
checks, or failure to report critical incidents, the Department of Children and Family18
Services may issue a written warning that includes a corrective action plan, in lieu19
of revocation, upon any person or entity specialized provider violating these20
requirements if such condition or occurrence does not pose an imminent threat to the21
health, safety, rights, or welfare of a child. Failure to implement a corrective action22
plan issued pursuant to this Section may result in either the assessment of a civil fine23
or license revocation or may result in both actions being taken by the department.24
Such civil fine shall not exceed two hundred fifty dollars per day for each25
assessment; however, the aggregate fines assessed for violations determined in any26
consecutive twelve-month period shall not exceed two thousand dollars.27
(2) The department shall adopt rules in accordance with the Administrative28
Procedure Act which articulate factors in determining the type of sanction imposed29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 35 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
including the severity of risk, the actual harm and mitigating circumstances, the1
failure to implement a written corrective action plan, the history of noncompliance,2
an explanation of the treatment of continuing and repeat deficiencies, evidence of a3
good faith effort to comply, and any other relevant factors. 	The department shall4
develop and adopt rules and regulations required by this Paragraph with input and5
guidance from the Louisiana Advisory Council on Child Care and Early Education.6
The authority to impose sanctions pursuant to this Section shall commence on the7
effective date of the rules promulgated pursuant to this Section.8
B. The department shall adopt rules and regulations in accordance with the9
Administrative Procedure Act to provide for notice to the child care facility10
specialized provider or child-placing agency of any violation, for a departmental11
reconsideration process for sanctions issued, and for an appeal procedure including12
judicial review. Such appeal shall be suspensive. All appeals pursuant to this13
Subsection shall be heard by the division of administrative law pursuant to Chapter14
13-B of Title 49 of the Louisiana Revised Statutes of 1950. The division shall furnish15
to the facility or agency a copy of the decision, together with notice of the manner16
for requesting judicial review. During the pendency of an appeal, a child care facility17
specialized provider or child-placing agency may continue to receive funding for18
services provided to those eligible children as determined by the department.19
C. The department may institute any necessary civil court action to collect20
fines imposed and not timely appealed. No child care facility specialized provider21
or child-placing agency shall claim imposed fines as reimbursable. Interest shall22
begin to accrue at the current judicial rate on the day following the date on which any23
fines become due and payable. All costs of any successful action to collect such24
fines, including travel expenses and reasonable attorney fees, shall be awarded to the25
department in addition to the fines.26
D.(1) Civil fines collected pursuant to the provisions of this Section shall be27
deposited immediately into the state treasury.28
(2) After compliance with the requirements of Article VII, Section 9(B) of29 SB NO. 524
SLS 14RS-372	ORIGINAL
Page 36 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the Constitution of Louisiana relative to the Bond Security and Redemption Fund,1
and prior to the monies being placed in the state general fund, an amount equal to the2
amount deposited as provided in Paragraph (1) of this Subsection shall be credited3
to a special fund hereby created in the state treasury to be known as the "Child Care4
Specialized Provider Licensing Trust Fund", hereinafter referred to as "the fund".5
The monies in the fund shall be subject to annual appropriation and shall be available6
exclusively for use by the Department of Children and Family Services for the7
education and training of employees, staff, or other personnel of child care facilities8
specialized provider and child-placing agencies.9
(3) The monies in the fund shall be invested by the treasurer in the same10
manner as the monies in the state general fund, and all interest earned from the11
investment of monies in the fund shall be deposited in and remain to the credit of the12
fund. All unexpended and unencumbered monies remaining in the fund at the end of13
the fiscal year shall remain in the fund.14
Section 5.  R.S. 46:1414, 1426 and 1429 are hereby repealed. 15
Section 6. This Act shall become effective on July 1, 2014.16
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
Walsworth (SB 524)
Proposed law (R.S.17:407.26) authorizes the state Department of Education (DOE) to accept
and direct the disbursement of funds appropriated by any act of Congress and apportioned
to the state for use in connection with any Child Care and Development Fund programs.
Requires DOE to deposit all such funds received from the federal government with the state
treasurer who shall make disbursements upon the direction of DOE.
Proposed law requires BESE to promulgate rules and regulations to implement the Child
Care and Development Fund State Plan, and requires DOE to develop and implement the
state plan in accordance with such rules and regulations.
Proposed law requires all early learning centers to be licensed as a Type I, II or III by DOE.
Proposed law (R.S. 17:407.35) exempts public and non-public day schools serving children
in grades one and above, including any kindergartens or prekindergarten programs attached
thereto, as well as camps, and care given without charge, from the provisions of proposed
law . Further exempts recognized religious organizations that are qualified as a tax-exempt
organization under Section 501(c) of the IRS Code, if it remains open for not more than 24
hours in a continuous seven-day week, and in which no individual child remains for more
than 24 hours in one continuous stay. Also, proposed law shall not apply to children in SB NO. 524
SLS 14RS-372	ORIGINAL
Page 37 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
programs licensed or operated by the Department of Health and Hospitals(DHH) or the
Department of Children and Family Services (DCFS).
Proposed law (R.S. 17:407.36) provides for certain types of licences, including:
(1) A "Type I license" is the type of license issued to an early learning center that is
owned or operated by a church or religious organization and that receives no state
or federal funds from any source, whether directly or indirectly.
(a)No early learning center holding a Type I license shall receive any state or
federal funds, from any source, whether directly or indirectly.
(b)If an early learning center holding a Type I license receives any state or
federal funds, its license shall be automatically revoked.
(2)A "Type II license" is the type of license issued to an early learning center that either
receives no state or federal funds from any source, whether directly or indirectly, or
whose only source of state or federal funds is from the United States Department of
Agriculture's food and nutrition programs, hereinafter referred to in this Part as
"federal food and nutrition programs".
(a)No early learning center holding a Type II license shall receive any state or
federal funds, from any source, whether directly or indirectly, other than
those funds received solely for federal food and nutrition programs.
(b)If an early learning center holding a Type II license receives any state or
federal funds, whether directly or indirectly, other than those received solely
for federal food and nutrition programs, its license shall be automatically
revoked.
(3)A "Type III license" is the type of license issued to any early learning center which
receives state or federal funds, directly or indirectly, from any source other than the
federal food and nutrition programs. Type III early learning centers shall meet the
performance and academic standards of the Early Childhood Care and Education
Network regarding kindergarten readiness as determined by the State Board of
Elementary and Secondary Education.
Proposed law (R.S. 17:407.37) provides for penalties for whoever operates any early
learning center without a valid license issued by DOE in the amount of not less than $1,000
for each day of such offense. Further, if any early learning center operates without a valid
license issued by DOE, DOE is authorized to file suit in the district court in the parish in
which the center is located for injunctive relief, including a temporary restraining order, to
restrain the institution, agency, corporation, person or persons, or any other group operating
the center from continuing the violation.
Proposed law (R.S. 17:407.38) provides that until such time as rules are promulgated by
BESE to implement the types of licenses required by 	proposed law, early learning centers
shall follow the rules, regulations, and standards in effect for Class A and Class B licensure
of child care facilities found in La. Admin. Code, Title 67, Part III, Subpart 21, Child Care
Licensing. Further provides that upon promulgation by BESE of rules to implement the
three types of licenses:
(1)All existing early learning centers possessing a Class B license shall be issued a Type
I license as provided by rule, unless the center meets the definition of a Type II
license, in which case it shall be issued a Type II license as provided by rule.
(2)All existing early learning centers possessing a Class A license that meet the
definition of a Type II license shall be issued a Type II license as provided by rule. SB NO. 524
SLS 14RS-372	ORIGINAL
Page 38 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(3)All existing early learning centers possessing a Class A license that meets the
definition of a Type III license shall be issued a Type III license as provided by rule.
Proposed law requires that any early learning center that intends to change its license type
at any time during the following calendar year to apply for a new license no later than
December first of the preceding year.  Such requirements shall not apply to early learning
centers changing location or ownership that are required to apply for a new license.
Proposed law (R.S. 17:407.39) requires that an application for licensure of a new early
learning center be made by the center to the DOE using forms furnished by DOE.  Upon
receipt of an application for a license and verification that minimum requirements for such
license as established by rule are satisfied, and upon verifying that the center is in
compliance with all applicable state and local laws and regulations, DOE shall issue a Type
I, Type II, or Type III license for such period as may be provided for by rule.  Further
authorizes BESE to provide by rule for the issuance of temporary, provisional, or extended
licenses for each license type if a disapproval has not been received from any state or local
agency authorized by any laws or rules to inspect or approve such centers.
Proposed law requires that a license of any type shall apply only to the location stated on the
application, and such license shall not be transferable. If the location or ownership of the
center is changed, then the license shall be automatically revoked. Further requires that the
license be displayed in a prominent place at the center.
Proposed law sets an annual license fee for each type of early learning center in an amount
equal to the annual license fee in effect for all Class A and Class B child care facilities
possessing such license upon the effective date of proposed law, without an increase in the
amount of such fees.
Proposed law provides for an annual license fee of:
(1)$25 for any license issued to an early learning center providing care for 15 or fewer
children;
(2)$100 for any license issued to an early learning center providing care for at least 16
but no more than 50 children;
(3)$175 for any license issued to an early learning center providing care for at least 51
but no more than 100 children; and
(4)$250 for any license issued to an early learning center providing care for more than
100 children.
Further provides that the annual licensure fees provided in this proposed law shall not apply
to Type I early learning centers.  Further provides that the annual fees for any type or
category of license shall not be increased unless expressly authorized by statute.
Proposed law (R.S. 17:407.40) requires BESE to promulgate regulations for each type of
license which, at a minimum, shall accomplish all of the following:
(1)Promote the health, safety, and welfare of children attending any early learning
center.
(2)Promote safe and proper physical facilities at all early learning centers.
(3)Promote adequate supervision of those attending early learning centers.
(4)Promote adequate and healthy food service in early learning centers where food is
offered. SB NO. 524
SLS 14RS-372	ORIGINAL
Page 39 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(5)Prohibit discrimination on the basis of race, color, creed, sex, national origin,
handicap, ancestry, or whether the child is being breastfed, provided that this shall
not be construed to affect, limit, or otherwise restrict the hiring or admission policies
of an early learning center owned by a church or religious organization, or prohibit
such a center from giving preference in hiring or admission to members of the church
or denomination.
(6)Include procedures for the receipt, recordation, and disposition of complaints.
Proposed law requires that every early learning center approved for licensure by DOE be
required to have approval from the Office of State Fire Marshal (OSFM) and DHH.
Proposed law requires that each Type III early learning center obtain approval from DOE
of adherence to the performance and academic standards of the Early Childhood Care and
Education Network regarding kindergarten readiness as determined by BESE.  DOE shall
base its approval upon the uniform accountability system as promulgated by BESE. Further
requires that BESE conduct a comprehensive review of all standards, rules, and regulations
for all licenses every three years. Provides that BESE, upon request by DOE, may waive
compliance with a licensing minimum standard upon determination that the economic
impact is sufficiently great to make compliance impractical, as long as the health and
well-being of the staff or children is not imperiled. If it is determined that the early learning
center is meeting or exceeding the intent of a standard or regulation, the standard or
regulation may be deemed to be met.
Proposed law (R.S. 17:407.41) prohibits any individual whose name is recorded on the state
central registry within DCFS, as a perpetrator for a justified finding of abuse or neglect of
a child from owning or operating a licensed early learning center or be hired by a licensed
early learning center as an employee or volunteer of any kind, including any therapeutic
professionals, extracurricular personnel, and other independent contractors, unless there is
a finding by DCFS that the individual does not pose a risk to children.
Proposed law further requires that the owner, operator, current or prospective employee, or
volunteer of a licensed early learning center report annually, and at any time upon the
request of DOE, on the state central registry disclosure form promulgated by DCFS, whether
or not his name is currently recorded on the state central registry for a justified finding of
abuse or neglect and he is the named perpetrator. Further requires any such current or
prospective employee or volunteer of a licensed early learning center to submit the state
central registry disclosure form to the owner or operator of the facility, who maintains the
documents in accordance with current licensing requirements. Any state central registry
disclosure form that is maintained in an early learning center licensing file shall be
confidential and subject to the confidentiality provisions of 	present law pertaining to the
investigations of abuse and neglect.
Proposed law further requires any owner, operator, current or prospective employee, or
volunteer of a licensed early learning center who knowingly falsifies the information on the
state central registry disclosure form shall be guilty of a misdemeanor offense and be fined
not more than $500, or imprisoned for not more than six months, or both.  Further, if any
owner, operator, current or prospective employee, or volunteer of a licensed early learning
center who discloses that he is currently recorded on the state central registry for a justified
finding of abuse or neglect shall be entitled to a risk assessment evaluation provided by
DCFS to determine whether the individual poses a risk to children. Any such individual who
is determined to pose a risk to children shall have the right to file an appeal in accordance
with the APA. Any such determination shall be kept on file at all times by DCFS.
Proposed law (R.S. 17:407.42) prohibits any person who has been convicted of or has pled
nolo contendere to certain crimes including sex crimes and crimes against children from
directly or indirectly owning, operating, or participating in the governance of an early
learning center, or being hired by any early learning center as a volunteer or employee of any SB NO. 524
SLS 14RS-372	ORIGINAL
Page 40 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
kind, including any therapeutic professionals, extracurricular personnel, and other
independent contractors, or being hired by DOE in a position whose duties include the
performance of licensing inspections in early learning centers.
Proposed law requires BESE to establish by regulation, requirements and procedures
consistent with the provisions of present law under which:
(1)The owner or operator of an early learning center may request information
concerning whether or not any owner or volunteer, applicant, or employee of any
kind including contractors, of an early learning center has been arrested for or
convicted of or pled nolo contendere to any criminal offense.
(2)DOE may request information concerning whether or not an applicant or employee
of the department in a position whose duties include the performance of licensing
inspections has been arrested for or convicted of or pled nolo contendere to any
criminal offense.
Proposed law further requires that the regulation include the requirement and the procedure
for the submission of a person's fingerprints in a form acceptable to the Louisiana Bureau
of Criminal Identification and Information (LBCII) prior to employment.  A person who has
submitted his fingerprints to LBCII may be temporarily hired pending the report from LBCII
as to any convictions of or pleas of nolo contendere by the person to certain crimes including
sex crimes and crimes against children.
 
Proposed law (R.S. 17:407.43) requires DOE, through its duly authorized agents, to inspect
at regular intervals not to exceed one year, and as deemed necessary by DOE, and without
previous notice, all early learning centers subject to the provisions of proposed law. Further
requires DOE to develop and facilitate coordination with and among other authorized
agencies making inspections at regular intervals. Requires the early learning centers to be
open to inspection by authorized inspection personnel and by parents or legal custodians of
children in care only during working hours.
Proposed law (R.S. 17:407.44) authorizes DOE to deny, revoke, or refuse to renew a license
for an early learning center if an applicant has failed to comply with the provisions of
proposed law or any applicable published rule or regulation of BESE relating to early
learning centers. If a license is denied or revoked, or renewal is refused, the action shall be
effective when made, and DOE shall notify the applicant or licensee of such action in writing
immediately, and of the reason for the denial or revocation, or refusal to renew the license.
Proposed law (R.S. 17:407.45) provides for the right to appeal such action to the division of
administrative law. However, this provision shall in no way preclude the right of the party
to seek relief through mandamus suit against the department, as provided by law.
Proposed law further provides that DOE shall be entitled to seek judicial review from any
final decision or order rendered by the division of administrative law in any appeal hearing
arising under proposed law. The venue of judicial review shall be the district court of the
parish in which the licensee is located.
Proposed law (R.S. 17:407.46) provides that for violations related to supervision, criminal
history record checks, the state central registry disclosure form, staff-to-child ratios, motor
vehicle checks, or failure to report critical incidents, DOE may issue a written warning that
includes a corrective action plan, in lieu of revocation, upon any person or entity violating
these requirements if such condition or occurrence does not pose an imminent threat to the
health, safety, rights, or welfare of a child. Failure to implement a corrective action plan
issued pursuant to proposed law may result in either the assessment of a civil fine or license
revocation, or both.  Such civil fine shall not exceed $250 per day for each assessment;
however, the aggregate fines assessed for violations determined in any consecutive 12 month
period shall not exceed $2,000. SB NO. 524
SLS 14RS-372	ORIGINAL
Page 41 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law requires BESE to adopt rules in accordance with the APA, which articulate
factors in determining the type of sanction imposed including the severity of risk, the actual
harm and mitigating circumstances, the failure to implement a written corrective action plan,
the history of noncompliance, an explanation of the treatment of continuing and repeat
deficiencies, evidence of a good faith effort to comply, and any other relevant factors.
Further, BESE is required to adopt rules and regulations in accordance with the APA to
provide for notice to the early learning center of any violation, for a departmental
reconsideration process for sanctions issued, and for an appeal procedure including judicial
review. Such appeal shall be suspensive. Requires all appeals to be heard by the division of
administrative law. During the pendency of an appeal, an early learning center may continue
to receive funding for services provided to those eligible children as determined by DOE.
Proposed law authorizes DOE to institute any necessary civil court action to collect fines
imposed and not timely appealed. All costs of any successful action to collect such fines
shall be awarded to DOE in addition to the fines.
Civil fines collected pursuant to proposed law are required to be deposited immediately into
the treasury.  After compliance with constitutional requirements relative to the Bond
Security and Redemption Fund, and prior to the monies being placed in the state general
fund, an amount equal to the amount deposited as provided by proposed law shall be credited
to a special fund hereby created in the state treasury to be known as the "Early Learning
Center Licensing Trust Fund". The monies in the fund shall be subject to annual
appropriation and shall be available exclusively for use by the department for the education
and training of employees, staff, or other personnel of child care facilities and child-placing
agencies.
Proposed law (R.S. 17:407.47) requires DOE to report all complaints, including but not
limited complaints alleging child abuse or the prevention or spread of communicable
diseases against any early learning center to the appropriate agencies for investigation and
disposition.
Proposed law (R.S. 17:407.48) requires DOE make available, upon written request of a
parent or legal custodian of any child who has applied for placement in an early learning
center licensed by the department, the following information relative to such early learning
center:
(1)Any violations of standards, rules, or regulations in the prior twelve months.
(2)Any waivers of minimum standards authorized for such early learning center.
Proposed law (R.S. 17:407.49) prohibits BESE and DOE from interfering with the
parent-child relationship regarding the religious training of a child, where all of the
following conditions are met:
(1)The parent or legal custodian has enrolled their child in a child care facility,
including but not limited to a child residential facility, operated by a religious,
nonprofit organization that is exempt from federal income taxes pursuant to 26
U.S.C. 501(c)(3).
(2)Where, as a condition of enrollment, the child is required to attend religious services
or classes and the parent or legal custodian of the child agrees to such condition.
Proposed law (R.S. 17:407.50) requires each licensed early learning center, before
November first of each year, to make available to each child's parent or legal custodian
information relative to the risks associated with influenza and the availability, effectiveness,
known contraindications and possible side effects of the influenza immunization.  Proposed
law shall not be construed to require any licensed early learning center, DOE, or the DHH SB NO. 524
SLS 14RS-372	ORIGINAL
Page 42 of 42
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
to provide or pay for immunizations against influenza.
Proposed law requires BESE to promulgate rules and regulations in accordance with the
provisions of the Administrative Procedure Act to carry out the provisions of proposed law.
Present law (R.S. 15:587(A)(1)(a)) provides that any employer or others responsible for the
actions of one or more persons who have been given or have applied to be considered for a
position of supervisory or disciplinary authority over children, DCFS, as employer of one
or more persons who have been given or have applied to be considered for a position whose
duties include the investigation of child abuse or neglect, supervisory or disciplinary
authority over children, direct care of a child, or performance of licensing surveys, shall
request in writing that the bureau supply information to ascertain whether that person or
persons have been arrested for or convicted of, or pled nolo contendere to, any criminal
offense. The request must be on a form prepared by the bureau and signed by a responsible
officer or official of the organization or department making the request.  It must include a
statement signed by the person about whom the request is made which gives his permission
for such information to be released.
Present law (R.S. 15:587(A)(1)(a)) is applicable to proposed law (R.S. 17:407.31-407.51).
Present law in "Child Care Facilities and Child Placing Agencies" in Chapter 14 of Title 46
provides for licensing and regulation of child care facilities, child placing agency, maternity
home, and residential homes by the Dept. of Children and Family Services (DCFS).
Proposed law removes the provisions relating to the licensing and regulation of child care
facilities that shall be provided by the Dept. of Education as provided in Part X-B of Chapter
1 of Title 17 in proposed law.
Proposed law renames Chapter 14 as the "Specialized Provider Licensing Act" and generally
retains provisions of present law relating to licensing and regulation of "specialized
providers" by DCFS. Defines "specialized provider" as a child-placing agency, maternity
home, or residential home.
Proposed law repeals the La. Advisory Council on Child Care and Early Education.
Effective July 1, 2014.
(Amends R.S. 15:587.1(A)(1)(a), 36:474(A)(11), and 477(B)(1), 46:1401, 1402, 1402.1,
1403, 1404(A), 1405, 1406, 1407, 1414.1, 1415, 1417, 1418(A), 1419, 1420(A), 1421, 1422,
1423, 1427, 1428, and 1430; adds R.S. 17:407.26 and 407.31-407.51; and repeals R.S.
46:1414, 1426 and 1429)