Louisiana Senate Bill SB524 Engrossed / Bill

                    SLS 14RS-372	ENGROSSED
Page 1 of 57
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, GUILLORY 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, Part X-B4
of Chapter 1 of Title 17 of the Louisiana Revised Statutes of 1950, to be comprised5
of R.S. 17:407.31 through 407.53, Part X-C of Chapter 1 of Title 17 of the Louisiana6
Revised Statutes of 1950, to be comprised of R.S. 17:407.61 through 407.72, and7
Part X-D of Chapter 1 of Title 17 of the Louisiana Revised Statutes of 1950, to be8
comprised of R.S. 17:407.81 through 407.84, and to repeal R.S. 46:1414, 1426,9
1429, and 1445 through 1448, relative to early learning center licensing; and to10
provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1.  R.S. 15:587.1(A)(1)(a) is hereby amended and reenacted to read as13
follows:14
§587.1  Provision of information to protect children15
A.(1)(a) As provided in R.S. 15:825.3, R.S. 17:15, R.S. 17:407.42, Children's16
Code Article 424.1, and R.S. 46:51.2 and 1441.13, any employer or others17 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 2 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
responsible for the actions of one or more persons who have been given or have1
applied to be considered for a position of supervisory or disciplinary authority over2
children, and as provided in R.S. 46:51.2(A), the Department of Children and Family3
Services as employer of one or more persons who have been given or have applied4
to be considered for a position whose duties include the investigation of child abuse5
or neglect, supervisory or disciplinary authority over children, direct care of a child,6
or performance of licensing surveys, shall request in writing that the bureau supply7
information to ascertain whether that person or persons have been arrested for or8
convicted of, or pled nolo contendere to, any criminal offense. The request must be9
on a form prepared by the bureau and signed by a responsible officer or official of10
the organization or department making the request.  It must include a statement11
signed by the person about whom the request is made which gives his permission for12
such information to be released.13
*          *          *14
Section 2. R.S. 17:407.26 and Part X-B of Chapter 1 of Title 17 of the Louisiana15
Revised Statutes of 1950, comprised of R.S. 17:407.31 through 407.53, Part X-C of Chapter16
1 of Title 17 of the Louisiana Revised Statutes of 1950, comprised of R.S. 17:407.61 through17
407.72, and Part X-D of Chapter 1 of Title 17 of the Louisiana Revised Statutes of 1950,18
comprised of R.S. 17:407.81 through 407.84, are hereby enacted to read as follows:19
§407.26. Federal Funds for the Child Care and Development Fund Programs;20
state Department of Education's authority to receive21
A. The state Department of Education may accept and direct the22
disbursement of funds appropriated by any act of Congress and apportioned to23
the state for use in connection with any Child Care and Development Fund24
programs. The state Department of Education shall deposit all such funds25
received from the federal government with the state treasurer who shall make26
disbursements upon the direction of the state Department of Education.27
B. The State Board of Elementary and Secondary Education shall28
promulgate rules and regulations to implement the Child Care and29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 3 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Development Fund State Plan. The state Department of Education shall develop1
and implement the state plan in accordance with such rules and regulations.2
*          *          *3
PART X-B.  EARLY LEARNING CENTER LICENSING4
§407.31.  Short title5
This Part may be cited as the "Early Learning Center Licensing Act".6
§407.32.  Legislative intent; declaration of purpose and policy7
It is the intent of the legislature to protect the health, safety, and8
well-being of the children of the state who are in out-of-home care on a regular9
or consistent basis. Toward that end, it is the purpose of this Part to establish10
statewide minimum standards for the safety and well-being of children in early11
learning centers, to ensure maintenance of these standards, and to regulate12
conditions in these centers through a program of licensing. The State Board of13
Elementary and Secondary Education shall promulgate rules and regulations14
to implement a program of licensing for early learning centers and the state15
Department of Education shall administer the licensing program pursuant to16
such rules and regulations.17
§407.33.  Definitions18
A. As used in this Part, the following definitions shall apply unless the19
context clearly states otherwise:20
(1) "Camp" means any place or facility operated by any institution,21
society, agency, corporation, person or persons, or any other group which serves22
only children five years of age or older and operates only when school is not in23
session during the summer months or school holidays.24
(2) "Child" means a person who has not reached age eighteen or25
otherwise been legally emancipated.26
(3) "Child day care center" means any place or facility operated by any27
institution, political subdivision, society, agency, corporation, person or persons,28
or any other group for the purpose of providing care, supervision, and guidance29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 4 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of seven or more children, not including those related to the caregiver,1
unaccompanied by parent or legal custodian, on a regular basis for at least2
twelve and one-half hours in a continuous seven-day week. If a child day care3
center provides transportation or arranges for transportation to and from the4
center, either directly or by contract with third parties, all hours during which5
a child is being transported shall be included in calculating the hours of6
operation. A child day care center that remains open for more than twelve and7
one-half hours in a continuous seven-day week, and in which no individual child8
remains for more than twenty-four hours in one continuous stay shall be known9
as a full-time child day care center. A child day care center that remains open10
after 9:00 p.m. shall meet the regulations established for nighttime care.11
(4) "Department" means the Department of Education12
(5) "Early learning center" means any child day care center, Early Head13
Start Center, Head Start Center, or stand-alone prekindergarten program not14
attached to a school.15
(6) "License type" means the type of license applied for or held, which16
shall include Type I, Type II, and Type III.17
(7) "Related" or "relative" means a natural or adopted child or18
grandchild of the caregiver or a child in the legal custody of the caregiver.19
§407.34.  Requirement of licensure20
All early learning centers, which include child day care centers, Early21
Head Start centers, Head Start centers, and stand-alone prekindergarten22
programs not attached to a school, shall be licensed prior to beginning23
operations in Louisiana. Early learning center licenses shall be of three types:24
Type I, Type II, and Type III.25
§407.35.  Exemptions from licensure requirements26
A. Public and nonpublic day schools serving children in grades27
kindergarten and above, including any prekindergarten programs attached28
thereto, as well as camps, and care given without charge, shall be exempt from29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 5 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the provisions of this Part.1
B. A recognized religious organization which is qualified as a tax-exempt2
organization under Section 501(c) of the Internal Revenue Code, which remains3
open for not more than twenty-four hours in a continuous seven-day week, and4
in which no individual child remains for more than twenty-four hours in one5
continuous stay shall not be considered an early learning center for the6
purposes of this Part.7
C. Nothing in this Part shall apply to children in programs licensed or8
operated by the Department of Health and Hospitals or the Department of9
Children and Family Services.10
§407.36.  Types of Licenses11
A. A "Type I license" is the type of license issued to an early learning12
center that is owned or operated by a church or religious organization that is13
qualified as a tax exempt organization under Section 501(c) of the Internal14
Revenue Code and that receives no state or federal funds from any source,15
whether directly or indirectly.16
(1) No early learning center holding a Type I license shall receive any17
state or federal funds, from any source, whether directly or indirectly.18
(2) If an early learning center holding a Type I license receives any state19
or federal funds, its license shall be automatically revoked.20
B. A "Type II license" is the type of license issued to an early learning21
center that either receives no state or federal funds from any source, whether22
directly or indirectly, or whose only source of state or federal funds is from the23
United States Department of Agriculture's food and nutrition programs,24
hereinafter referred to in this Part as "federal food and nutrition programs".25
(1) No early learning center holding a Type II license shall receive any26
state or federal funds, from any source, whether directly or indirectly, other27
than those funds received solely for federal food and nutrition programs.28
(2) If an early learning center holding a Type II license receives any state29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 6 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
or federal funds, whether directly or indirectly, other than those received solely1
for federal food and nutrition programs, its license shall be automatically2
revoked.3
C. A "Type III license" is the type of license issued to any early learning4
center which receives state or federal funds, directly or indirectly, from any5
source other than the federal food and nutrition programs.  Type III early6
learning centers shall meet the performance and academic standards of the7
Early Childhood Care and Education Network regarding kindergarten8
readiness as determined by the State Board of Elementary and Secondary9
Education.10
D. Nothing in this Section shall prevent an early learning center11
otherwise qualified for a Type I license to voluntarily seek a Type II or Type III12
license, or an early learning center otherwise qualified for a Type II license to13
voluntarily seek a Type III license, provided that such early learning center14
meets the standards set forth for such license.15
§407.37.  Operating without a license; penalties16
A. Whoever operates any early learning center without a valid license17
issued by the department shall be fined by the department not less than one18
thousand dollars for each day of such offense.19
B. If any early learning center operates without a valid license issued by20
the department, the department may file suit in the district court in the parish21
in which the center is located for injunctive relief, including a temporary22
restraining order, to restrain the institution, agency, corporation, person or23
persons, or any other group operating the center from continuing the violation.24
§407.38.  Transitional provisions; applicable regulations25
A. Until such time as rules are promulgated by the State Board of26
Elementary and Secondary Education to implement the types of licenses27
required by R.S. 17:407.36, early learning centers shall continue to follow the28
administrative rules contained in the Louisiana Administrative Code for the29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 7 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
licensure of Class A and Class B child care facilities.1
B. The administrative rules contained in the Louisiana Administrative2
Code promulgated by the Department of Children and Family Services which3
govern or are applicable to the programs and operations transferred from the4
Department of Children and Family Services to the Department of Education5
by this Act shall continue to be effective until the Board of Elementary and6
Secondary Education promulgates rules to implement the types of licenses7
required by R.S. 17:407.36.8
C. Upon promulgation by the State Board of Elementary and Secondary9
Education of rules to implement the three types of licenses:10
(1) All existing early learning centers possessing a Class B license shall11
be issued a Type I license as provided by rule, unless the center meets the12
definition of a Type II license, in which case it shall be issued a Type II license13
as provided by rule.14
(2) All existing early learning centers possessing a Class A license that15
meet the definition of a Type II license shall be issued a Type II license as16
provided by rule.17
(3) All existing early learning centers possessing a Class A license that18
meets the definition of a Type III license shall be issued a Type III license as19
provided by rule.20
D. Any early learning center that intends to change its license type at any21
time during the following calendar year shall apply for a new license no later22
than December first of the preceding year.  This Subsection shall not apply to23
early learning centers changing location or ownership that are required to apply24
for a new license.25
§407.39.  Licenses; application; temporary or provisional; fees26
A. Application for licensure of a new early learning center shall be made27
by the center to the department using forms furnished by the department. Upon28
receipt of an application for a license and verification that minimum29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 8 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
requirements for such license as established by rule are satisfied, and upon1
verifying that the center is in compliance with all applicable state and local laws2
and regulations, the department shall issue a Type I, Type II, or Type III license3
for such period as may be provided for by rule.4
B. The State Board of Elementary and Secondary Education may5
provide by rule for the issuance of temporary, provisional, or extended licenses6
for each license type if a disapproval has not been received from any state or7
local agency authorized by any laws or rules to inspect or approve such centers.8
C. A license of any type shall apply only to the location stated on the9
application, and such license, once issued, shall not be transferable from one10
person to another or from one location to another. If the location or ownership11
of the center is changed, then the license shall be automatically revoked.12
D. Each licensed center shall display its license in a prominent place at13
the center.14
E. There shall be an annual license fee for each type of early learning15
center in an amount equal to the annual license fee in effect for all Class A and16
Class B child care facilities possessing such license upon the effective date of this17
Section, without an increase in the amount of such fees.18
F. There shall be an annual license fee of twenty-five dollars for any19
license issued to an early learning center providing care for fifteen or fewer20
children; one hundred dollars for any license issued to an early learning center21
providing care for at least sixteen but no more than fifty children; one hundred22
seventy-five dollars for any license issued to an early learning center providing23
care for at least fifty-one but no more than one hundred children; and two24
hundred fifty dollars for any license issued to an early learning center providing25
care for more than one hundred children.26
G. The annual licensure fees provided in this Section shall not apply to27
Type I early learning centers.28
H. Annual fees for any type or category of license shall not be increased29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 9 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
unless expressly authorized by statute as provided in Article VII, Section 2.1 of1
the Constitution of Louisiana.2
§407.40.  Rules, regulations and standards for licenses3
A. The State Board of Elementary and Secondary Education shall4
promulgate regulations for each type of license which, at a minimum, shall5
accomplish all of the following:6
(1) Promote the health, safety, and welfare of children attending any7
early learning center.8
(2) Promote safe and proper physical facilities at all early learning9
centers.10
(3) Ensure adequate supervision of those attending early learning11
centers.12
(4) Ensure adequate and healthy food service in early learning centers13
where food is offered.14
(5) Prohibit discrimination on the basis of race, color, creed, sex, national15
origin, handicap, ancestry, or whether the child is being breastfed. However,16
nothing in this Paragraph shall be construed to affect, limit, or otherwise17
restrict the hiring or admission policies of an early learning center owned by a18
church or religious organization, or prohibit such a center from giving19
preference in hiring or admission to members of the church or denomination.20
(6) Include procedures for the receipt, recordation, and disposition of21
complaints.22
B.(1) Every early learning center approved for licensure by the23
department shall be required to have all of the following:24
(a) Approval from the Office of State Fire Marshal.25
(b) Approval from the Department of Health and Hospitals.26
(2) Each Type III early learning center shall also be required to obtain27
approval from the department of adherence to the performance and academic28
standards of the Early Childhood Care and Education Network regarding29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 10 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
kindergarten readiness as determined by the State Board of Elementary and1
Secondary Education. The department shall base its approval upon the uniform2
accountability system as promulgated by the State Board of Elementary and3
Secondary Education.4
C. The State Board of Elementary and Secondary Education shall5
conduct a comprehensive review of all standards, rules, and regulations for all6
licenses every three years.7
D. The State Board of Elementary and Secondary Education, upon8
request by the department, may waive compliance with a licensing minimum9
standard upon determination that the economic impact is sufficiently great to10
make compliance impractical, as long as the health and well-being of the staff11
or children is not imperiled. If it is determined that the early learning center is12
meeting or exceeding the intent of a standard or regulation, the standard or13
regulation may be deemed to be met.14
E. Nothing in the rules, regulations, and standards adopted pursuant to15
this Section shall authorize or require medical examination, immunization, or16
treatment of any child whose parents object to such examination, immunization,17
or treatment.18
§407.41. State Central Registry Disclosure Requirement19
A. No individual whose name is recorded on the state central registry20
within the Department of Children and Family Services as a perpetrator for a21
justified finding of abuse or neglect of a child shall own or operate a licensed22
early learning center or shall be hired by a licensed early learning center as an23
employee or volunteer of any kind, including any therapeutic professionals,24
extracurricular personnel, and other independent contractors, unless there is25
a finding by the Department of Children and Family Services that the26
individual does not pose a risk to children.27
B. Any owner, operator, current or prospective employee, or volunteer28
of a licensed early learning center shall report annually, and at any time upon29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 11 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the request of the department, on the state central registry disclosure form1
promulgated by the Department of Children and Family Services, whether or2
not his name is currently recorded on the state central registry for a justified3
finding of abuse or neglect and he is the named perpetrator.4
C. Any such current or prospective employee or volunteer of a licensed5
early learning center shall submit the state central registry disclosure form to6
the owner or operator of the facility, who shall maintain the documents in7
accordance with current licensing requirements. Any state central registry8
disclosure form that is maintained in an early learning center licensing file shall9
be confidential and subject to the confidentiality provisions of R.S. 46:56(F)10
pertaining to the investigations of abuse and neglect.11
D. Any owner, operator, current or prospective employee, or volunteer12
of a licensed early learning center who knowingly falsifies the information on13
the state central registry disclosure form shall be guilty of a misdemeanor14
offense and shall be fined not more than five hundred dollars, or imprisoned for15
not more than six months, or both.16
E. Any owner, operator, current or prospective employee, or volunteer17
of a licensed early learning center who discloses that he is currently recorded18
on the state central registry for a justified finding of abuse or neglect shall be19
entitled to a risk assessment evaluation provided by the Department of Children20
and Family Services to determine whether the individual poses a risk to21
children. Any such individual who is determined to pose a risk to children shall22
have the right to file an appeal in accordance with R.S. 49:992 of the23
Administrative Procedure Act. Any such determination shall be kept on file at24
all times by the Department of Children and Family Services.25
§407.42.  Criminal History Review26
A. No person who has been convicted of or has pled nolo contendere to27
a crime listed in R.S. 15:587.1(C) shall directly or indirectly own, operate, or28
participate in the governance of an early learning center, or shall be hired by29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 12 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
any early learning center as a volunteer or employee of any kind, including any1
therapeutic professionals, extracurricular personnel, and other independent2
contractors, or shall be hired by the department in a position whose duties3
include the performance of licensing inspections in early learning centers.4
B.(1) The State Board of Elementary and Secondary Education shall5
establish by regulation, requirements and procedures consistent with the6
provisions of R.S. 15:587.1 under which:7
(a) The owner or operator of an early learning center may request8
information concerning whether or not any owner or volunteer, applicant, or9
employee of any kind including contractors, of an early learning center has been10
arrested for or convicted of or pled nolo contendere to any criminal offense.11
(b) The department may request information concerning whether or not12
an applicant or employee of the department in a position whose duties include13
the performance of licensing inspections has been arrested for or convicted of14
or pled nolo contendere to any criminal offense.15
(2) Included in this regulation shall be the requirement and the16
procedure for the submission of a person's fingerprints in a form acceptable to17
the Louisiana Bureau of Criminal Identification and Information prior to18
employment of such person. A person who has submitted his fingerprints to the19
Louisiana Bureau of Criminal Identification and Information may be20
temporarily hired pending the report from the bureau as to any convictions of21
or pleas of nolo contendere by the person to a crime listed in R.S. 15:587.1(C).22
§407.43.  Inspections23
It shall be the duty of the department, through its duly authorized24
agents, to inspect at regular intervals not to exceed one year, and as deemed25
necessary by the department, and without previous notice, all early learning26
centers subject to the provisions of this Part. The department shall also develop27
and facilitate coordination with and among other authorized agencies making28
inspections at regular intervals. The early learning centers shall be open to29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 13 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
inspection by authorized inspection personnel and by parents or legal1
custodians of children in care only during working hours.2
§407.44.  Denial, refusal to renew, or revocation of license; written notice3
The department shall have the power to deny, revoke, or refuse to renew4
a license for an early learning center if an applicant has failed to comply with5
the provisions of this Part or any applicable, published rule or regulation of the6
State Board of Elementary and Secondary Education relating to early learning7
centers. If a license is denied or revoked, or renewal is refused, the action shall8
be effective when made, and the department shall notify the applicant or9
licensee of such action in writing immediately, and of the reason for the denial10
or revocation, or refusal to renew the license.11
§407.45.  Denial, refusal to renew, or revocation of license; appeal procedure12
A. Upon the refusal of the department to grant or renew a license or13
upon the revocation of a license, the applicant or licensee having been refused14
a license or renewal, or having had a license revoked shall have the right to15
appeal such action to the division of administrative law by submitting a written16
request for an appeal to the department within thirty calendar days after17
receipt of the notification of the refusal to grant a license, or within fifteen18
calendar days after receipt of the notification of the refusal to renew or19
revocation. The department shall notify the division of administrative law20
within ten calendar days of receipt of a request for an appeal and the appeal21
hearing shall be held no later than thirty calendar days after such notice, with22
an administrative ruling no later than fifteen calendar days from the date of a23
hearing for revocation or refusal to renew a license, or within thirty days from24
the date of a hearing for the denial of a new license. This provision shall in no25
way preclude the right of the party to seek relief through mandamus suit26
against the department, as provided by law.27
B. Notwithstanding any law, rule, regulation, or provision to the28
contrary, including but not limited to R.S. 49:964(A)(2), the department shall29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 14 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
be entitled to seek judicial review from any final decision or order rendered by1
the division of administrative law in any appeal hearing arising under this Part.2
The venue of judicial review shall be the district court of the parish in which the3
licensee is located.4
§407.46.  Operating in violation of regulations; penalties and fines5
A. (1) For violations related to supervision, criminal history record6
checks, the state central registry disclosure form, staff-to-child ratios, motor7
vehicle checks, or failure to report critical incidents, the department may issue8
a written warning that includes a corrective action plan, in lieu of revocation,9
upon any person or entity violating these requirements if such condition or10
occurrence does not pose an imminent threat to the health, safety, rights, or11
welfare of a child. Failure to implement a corrective action plan issued pursuant12
to this Section may result in either the assessment of a civil fine or license13
revocation or may result in both actions being taken by the department. Such14
civil fine shall not exceed two hundred fifty dollars per day for each assessment;15
however, the aggregate fines assessed for violations determined in any16
consecutive twelve-month period shall not exceed two thousand dollars.17
(2) The State Board of Elementary and Secondary Education shall adopt18
rules in accordance with the Administrative Procedure Act that articulate19
factors in determining the type of sanction imposed including the severity of20
risk, the actual harm and mitigating circumstances, the failure to implement a21
written corrective action plan, the history of noncompliance, an explanation of22
the treatment of continuing and repeat deficiencies, evidence of a good faith23
effort to comply, and any other relevant factors. The authority to impose24
sanctions pursuant to this Section shall commence on the effective date of the25
rules promulgated pursuant to this Section.26
B. The State Board of Elementary and Secondary Education shall adopt27
rules and regulations in accordance with the Administrative Procedure Act to28
provide for notice to the early learning center of any violation, for a29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 15 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
departmental reconsideration process for sanctions issued, and for an appeal1
procedure including judicial review. Such appeal shall be suspensive. All2
appeals pursuant to this Subsection shall be heard by the division of3
administrative law pursuant to Chapter 13-B of Title 49 of the Louisiana4
Revised Statutes of 1950. The division shall furnish to the facility or agency a5
copy of the decision, together with notice of the manner for requesting judicial6
review. During the pendency of an appeal, an early learning center may7
continue to receive funding for services provided to those eligible children as8
determined by the department.9
C. The department may institute any necessary civil court action to10
collect fines imposed and not timely appealed. No child care facility shall claim11
imposed fines as reimbursable. Interest shall begin to accrue at the current12
judicial rate on the day following the date on which any fines become due and13
payable. All costs of any successful action to collect such fines, including travel14
expenses and reasonable attorney fees, shall be awarded to the department in15
addition to the fines.16
D.(1) Civil fines collected pursuant to the provisions of this Section shall17
be deposited immediately into the treasury.18
(2) After compliance with the requirements of Article VII, Section 9(B)19
of the Constitution of Louisiana relative to the Bond Security and Redemption20
Fund, and prior to the monies being placed in the state general fund, an amount21
equal to the amount deposited as provided in Paragraph (1) of this Subsection22
shall be credited to a special fund hereby created in the state treasury to be23
known as the "Early Learning Center Licensing Trust Fund", hereinafter24
referred to as "the fund". The monies in the fund shall be subject to annual25
appropriation and shall be available exclusively for use by the department for26
the education and training of employees, staff, or other personnel of child care27
facilities.28
(3) The monies in the fund shall be invested by the treasurer in the same29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 16 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
manner as the monies in the state general fund, and all interest earned from the1
investment of monies in the fund shall be deposited in and remain to the credit2
of the fund. All unexpended and unencumbered monies remaining in the fund3
at the end of the fiscal year shall remain in the fund.4
§407.47.  Complaints against centers5
It shall be the duty of the department, through its duly authorized6
agents, to report all complaints, including but not limited to complaints alleging7
child abuse or the prevention or spread of communicable diseases, against any8
early learning center to the appropriate agencies for investigation and9
disposition.10
§407.48.  Disclosure of center information11
A. The department shall make available, upon written request of a12
parent or legal custodian of any child who has applied for placement in an early13
learning center licensed by the department, the following information relative14
to such early learning center:15
(1) Any violations of standards, rules, or regulations in the prior twelve16
months.17
(2) Any waivers of minimum standards authorized for such early18
learning center.19
B. Requests may be sent by email, facsimile, or mail and shall include the20
name of each early learning center for which information is requested.21
C. Early learning centers shall make available to parents or legal22
custodians information on how to view or obtain copies of early learning center23
licensing inspections from the department's website.24
§407.49.  Parent-child relationship25
The State Board of Elementary and Secondary Education and the26
department shall not interfere with the parent-child relationship regarding the27
religious training of a child, where all of the following conditions are met:28
(1) The parent or legal custodian has enrolled their child in a child care29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 17 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
facility, including but not limited to a child residential facility, operated by a1
religious, nonprofit organization which is exempt from federal income taxes2
pursuant to 26 U.S.C. 501(c)(3).3
(2) Where, as a condition of enrollment, the child is required to attend4
religious services or classes and the parent or legal custodian of the child agrees5
to such condition.6
§407.50.  Immunization information; influenza7
A. Each licensed early learning center, before November first of each8
year, shall make available to each child's parent or legal custodian information9
relative to the risks associated with influenza and the availability, effectiveness,10
known contraindications and possible side effects of the influenza11
immunization. Such information shall include the causes and symptoms of12
influenza, the means by which influenza is spread, and the places where a13
parent or legal custodian may obtain additional information and where a child14
may be immunized against influenza. Such information shall be updated15
annually if new information on such disease is available.16
B. (1) The Department of Health and Hospitals shall develop and provide17
information on influenza immunization to the department. The department18
shall provide such information to each licensed early learning center, which19
shall make the information available to each child's parent or legal custodian20
pursuant to Subsection A of this Section.21
(2) The Department of Health and Hospitals and the department shall22
determine respectively the most cost-effective and efficient means of23
distributing such information.24
C. The department, in consultation with the Department of Health and25
Hospitals, shall establish by rules and regulations all guidelines and procedures26
for carrying out the provisions of this Section in accordance with the27
Administrative Procedure Act.28
D. Nothing in this Section shall be construed to require any licensed early29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 18 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
learning center, the department, or the Department of Health and Hospitals to1
provide or pay for immunizations against influenza.2
§407.51.  Advisory Council3
A. The board shall establish an Advisory Council on Early Childhood4
Care and Education that shall consist of the following members:5
(1) Two Type III early learning centers, selected by the state6
superintendent of education.7
(2) One Type II early learning center, selected by the state8
superintendent of education.9
(3) One Type I early learning center, selected by the state superintendent10
of education.11
(4) Two representatives of Head Start programs, one of which shall be12
operated by a local education agency and selected by the state board, and one13
of which shall be operated by a nonlocal education agency and selected by the14
state superintendent of education.15
(5) Two representatives of local education agencies operating publicly16
funded early childhood programs other than Head Start, selected by the state17
board.18
(6) Two representatives of Louisiana nonprofit advocacy organizations19
having a focus on early childhood education, selected by the state20
superintendent.21
(7) Two representatives of approved nonpublic schools with publicly22
funded early childhood care and education programs, selected by the state23
board.24
(8) One professional or faculty member having child development or25
early childhood education expertise from a Louisiana post-secondary education26
institution, selected by the commissioner of higher education.27
(9) The president of the Louisiana Chapter of the American Academy of28
Pediatrics, or his designee.29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 19 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(10) One representative of an advocacy or service organization that1
focuses on serving children with disabilities, selected by the state2
superintendent.3
(11) One representative of a Louisiana business or community4
organization, selected by the state board.5
(12) One parent of a child currently enrolled in a publicly funded early6
learning center or prekindergarten program, selected by the state board.7
B. The council shall include nonvoting exofficio members who may8
advise and contribute to discussions pertaining to early childhood care and9
education, including but not limited to the following:10
(1) The chairmen of the House Committee on Education, Senate11
Committee on Education, House Committee on Health and Welfare, and Senate12
Committee on Health and Welfare, or their designee.13
(2) The secretary of the Department of Children and Family Services or14
his designee.15
(3) The state director of the Head Start Collaboration.16
(4) A representative of the state agency responsible for programs under17
Section 619 or Part C of the Individuals with Disabilities Education Act (2018
U.S.C. 1419, 1431 et seq.).19
(5) The director of the Maternal Child Health Program at the20
Department of Health and Hospitals.21
(6) The director of the Child and Adult Care Food Program at the22
Department of Education.23
(7) The Louisiana State Fire Marshal, or his designee.24
(8) A representative from the Office of Sanitarian Services at the25
Department of Health and Hospitals.26
(9) A representative from the Louisiana Workforce Commission.27
(10) A representative from the Louisiana State Police Bureau of28
Criminal Identification.29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 20 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
C. The council shall serve in an advisory capacity to the board and shall1
comply with the Open Meetings Law.2
D. The chair shall be elected by the voting members of the council.3
E. Council members shall not receive compensation or a per diem for4
their services or attendance at council meetings.5
F. The department of education shall provide staff support for the6
council, including but not limited to the scheduling of meetings, providing7
public notice of scheduled meetings, and including information about the8
council and its meeting minutes on its website. Council meeting minutes shall9
be provided to the state board at its next regularly scheduled meeting.10
G. The council shall meet at least quarterly, with the meetings to be11
called by the chair or the state superintendent as needed. The chair shall set the12
agenda.13
H. The council shall provide input and guidance to the board and the14
department of education on matters pertaining to the development and15
implementation of rules, regulations, bulletins, policies or standards related to16
all publicly funded early care and education programs, including early learning17
centers, enrollment in early learning centers, the Cecil J. Picard LA4 Early18
Childhood Program, the Child Care Development Fund Block Grant or the19
Child Care Assistance Program, Early Head Start and Head Start.20
I. Prior to its submission to the United States Department of Health and21
Human Services, the department shall consult and provide a draft of the state22
plan for the Child Care and Development Fund and its budget, and any23
amendments to the state plan including budget revisions, and provide an24
opportunity for the council to make recommendations. Recommendations25
made by the council shall be reported to the state board.26
J. Prior to the board’s consideration of any rule or standard related to27
early learning centers, enrollment in early learning centers, the Cecil J. Picard28
LA4 Early Childhood Program, the Child Care and Development Fund Block29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 21 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Grant or the Child Care Assistance Program, the department shall consult with1
and provide a draft of the proposed rules to the council, and provide an2
opportunity for the council to make recommendations. Recommendations3
made by the council shall be reported to the state board prior to their adoption.4
Nothing herein shall prevent the board from adopting an emergency rule5
pursuant to the Administrative Procedure Act.6
K. The department shall provide quarterly reports on the7
implementation and progress, activities and status of the Early Care and8
Education Network, including the creation and implementation of an9
accountability system for early care and education programs and the transition10
of the Child Care Development Block Grant and licensure to the department of11
education. Any recommendations by the council shall be reflected in meeting12
minutes.13
L. The department shall provide the council with reports not less than14
annually of the following activities, provided that data is available, pursuant to15
a schedule agreed upon by the chair and the state superintendent of education:16
(1) A description of each publicly funded early care and education17
program, including the eligibility criteria, the program requirements, average18
number of hours and days of the program, and the amount of total funding and19
source of funding for each program. The description shall also include a specific20
description of the fee structure for the Child Care Assistance Program.21
(2) The number of children served in each publicly funded early22
childhood care and education program in Louisiana, broken down by the age23
of the child and amount of public funding per child per program.24
(3) The number of early learning centers by each licensing type and at25
each quality level as determined by the accountability system then in place, and26
the number of children served at each age in each type at each quality level.27
(4) Description of the training and support provided to each program28
and the amount of funding for this by program and source of funds.29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 22 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(5) Description of unmet family demand for early care and education in1
Louisiana.2
(6) Description of the goals for the upcoming fiscal year for early care3
and education in Louisiana, including outcome indicators that will be used to4
measure progress, and a description of the progress made in achieving the5
previous year’s goals.6
(7) Description and results of any evaluations of the early care and7
education programs in the state.8
(8) Description of the early care and education workforce, including an9
analysis of the status of the current early care and education workforce,10
including demographics, certifications and education levels, participation and11
level on any professional development ladder, and the participation in any12
teacher tax credits. The description shall also include information about13
salaries and benefits, and a comparison of these to similarly qualified employees14
in other but related fields, and an analysis of the workforce capacity necessary15
to meet the state’s early care and education needs.16
M. Any reports provided by the department and any council17
recommendations shall be including in meeting minutes.18
§407.52.  Coordination19
The Department of Education shall coordinate with the office of state fire20
marshal and the Department of Health and Hospitals to align standards for21
licensing of early learning centers with the standards for early childhood22
education programs.23
§407.53.  Rules24
The State Board of Elementary and Secondary Education shall25
promulgate rules and regulations in accordance with the provisions of the26
Administrative Procedure Act to carry out the provisions of this Part.27
PART X-C. Family Child Day Care Home Registration Law28
§407.61.  Short title29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 23 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
This Part may be cited as the "Family Child Day Care Home1
Registration Law".2
§407.62. Definitions3
As used in this Part, the following definitions shall apply unless the4
context clearly states otherwise.5
(1) "Child" means a person who has not reached the age of eighteen6
years. The words "child" and "children" are used interchangeably in this Part.7
(2) "Child and Adult Care Food Program" means the federal nutrition8
reimbursement program as funded by the federal Department of Agriculture9
through the state Department of Education.10
(3) "Child Care and Development Fund" means the child care programs11
funded through the federal Child Care and Development Fund Block Grant Act12
and administered by the state Department of Education.13
(4) "Department" means the Department of Health and Hospitals or the14
Department of Education, as indicated by the context.15
(5) "Family child day care home" means any place, facility, or home16
operated by any institution, society, agency, corporation, person or persons, or17
any other group for the primary purpose of providing care, supervision, and/or18
guidance of six or fewer children.19
(6) "Relative" or "related" means the child, grandchild, niece or nephew20
of the primary child care provider in a family child day care home.21
§407.63.  Requirement for registration; exemptions22
A. All family child day care homes that receive state or federal funds,23
directly or indirectly, shall be registered.24
B. Family child day care homes that do not receive state or federal funds,25
directly or indirectly, and individuals who provide care for only related family26
members, shall not be required to be registered.27
C. All family child day care homes shall be registered prior to receiving28
any state or federal funds, directly or indirectly.29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 24 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
§407.64.  Rules and regulations; inspection requirements1
A. The Department of Health and Hospitals shall promulgate rules and2
regulations in accordance with the Administrative Procedure Act to carry out3
the provisions of this Part for all family child day care homes which receive4
state or federal funds except those family child day care homes which5
participate in the federal Child and Adult Care Food Program and/or the Child6
Care and Development Fund.7
B. The Department of Education shall promulgate rules and regulations8
in accordance with the Administrative Procedure Act to carry out the9
provisions of this Part for those family child day care homes that participate in10
the federal Child and Adult Care Food Program or the Child Care and11
Development Fund.12
C. A family child day care home shall be inspected and approved by the13
office of state fire marshal in accordance with the rules and regulations as14
established under Subsections A and B of this Section, developed in consultation15
with the office of state fire marshal.16
§407.65.  Inspections17
The Department of Education, through its duly authorized agents, shall18
reserve the right to visit and inspect registered family child day care homes as19
deemed necessary by the department. All family child day care homes shall be20
open to inspection by the department, parents, and by other authorized21
inspection personnel during normal working hours or when children are in22
care.23
§407.66.  Fees24
A. (1) The office of state fire marshal shall have the authority to charge25
each family child day care home applying for registration or renewal of26
registration an annual fee for services. This fee shall be adopted in accordance27
with the Administrative Procedure Act.28
(2) A fee shall be charged to cover the cost of inspection for family child29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 25 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
day care homes regulated by the Department of Education in accordance to R.S.1
17:407.64(B). The fee shall be set at thirty dollars per inspection and used for2
the sole purpose of employing personnel to perform such inspections.3
B. The office of state fire marshal shall transfer sufficient funds to the4
Department of Health and Hospitals or the Department of Education for those5
family child day care homes which receive state or federal funds but do not6
participate in the federal Child and Adult Care Food Program to carry out the7
registration process in accordance with this Part.8
§407.67.  Revocation or refusal to renew registration; written notice9
The authorized department shall have the authority to deny, revoke, or10
refuse to renew a registration of a registered family child day care home if an11
applicant has failed to comply with the provisions of this Part, any applicable12
published rule or regulation relating to registered family child day care homes,13
or any other state, federal, or local rule or regulation. If a registration is denied,14
revoked, or withdrawn, the action shall be effective when made and the family15
child day care home shall be notified in writing. This notice shall give the reason16
for denial, revocation, or withdrawal of the registration.17
§407.68.  Revocation or refusal of registration; appeal procedure18
Upon the refusal of the department to grant or renew a registration or19
upon the revocation of a registration, the family child day care home having20
been refused a registration or renewal or having had a registration revoked21
shall have the right to appeal such action to the division of administrative law22
by submitting a written request for an appeal to the department within thirty23
calendar days after receipt of the notification of the refusal or revocation. The24
department shall notify the division of administrative law within ten calendar25
days of receipt of a request for an appeal and the appeal hearing shall be held26
no later than thirty calendar days after such notice, with an administrative27
ruling no later than thirty calendar days from the date of the hearing. This28
provision shall in no way preclude the right of the party to seek relief through29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 26 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
mandamus suit against the department, as provided by law.1
§407.69. Operating without or in violation of registration; penalty; injunctive2
relief 3
A. Whoever operates a family child day care home required to be4
registered under this Part without a valid registration issued by the department5
shall be fined not less than twenty-five dollars nor more than one hundred6
dollars. Each day of operation in violation of the requirements of this Part shall7
constitute a separate offense.8
B. The department may also file suit in the district court in the parish in9
which the family child day care home is located for injunctive relief, including10
a temporary restraining order, to restrain the family child day care home from11
continuing the violation.12
§407.70.  Notification of health and safety violations13
The department shall notify the appropriate agencies if it is determined14
that one or more violations exist within a family child day care home which15
place the health and well-being of a child or children in imminent danger.16
§407.71. Grounds for revocation or refusal to renew registration; criminal17
activities; lack of CPR or first aid training18
A. No family child day care home may have in its employ, or living in the19
home, any person who has been convicted of or pled nolo contendere to a crime20
listed in R.S. 15:587.1(C). The cost of any criminal background check which21
may be required by the department as proof of compliance with this Subsection22
shall be the responsibility of the family child day care home.23
B. The primary child care provider of any family child day care home24
shall have documented current certification in either Infant/Child CPR or25
Infant/Child/Adult CPR.26
C. The department may deny, revoke, or refuse to renew any registration27
of a family child day care home which violates the provisions of this Section.28
D. The provisions of this Section shall not apply to a family child day29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 27 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
care home in which the primary child care provider at such home is related to1
all the children receiving child care at such home.2
E. The provisions of this Section shall not apply to a family child day3
care home registered with the Department of Education solely for participation4
in the federal Child and Adult Care Food Program.5
§407.72.  Orientation6
A. All family child day care home providers receiving payments from the7
Department of Education shall be required to participate in a four-hour8
orientation. The orientation curriculum shall include but not be limited to the9
following subjects: record keeping; immunization schedules and requirements;10
recognizing signs of child abuse; child abuse prevention; communicating with11
parents; age appropriate activities for young children; child development; child12
safety; and nutritional needs of children. The orientation will count toward the13
required hours of professional development training mandated by the14
Department of Education.15
B. New family child day care home providers are required to provide16
proof of orientation participation within twelve months after beginning17
operation. New providers, at the time of application, are required to sign an18
agreement committing to attend the required orientation within twelve months.19
PART X-D. Early Learning Staff20
§407.81.  Legislative intent; declaration of policy21
It is the intent of the legislature to protect the health, safety, and well-22
being of the children of the state who are in out-of-home care on a regular or23
consistent basis. To that end, it shall be the policy of the state to ensure24
protection of children in care by encouraging early learning staff to obtain25
certification through early childhood educational training programs.26
§407.82.  Definitions27
As used in this Part, the following definitions shall apply:28
(1) "Early learning staff" means a person employed as a full-time staff29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 28 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
member in a licensed early learning center or a registered family child day care1
home.2
(2) "Department" means the Department of Education.3
§407.83.  Early learning staff; training4
Early learning staff who participate in an early childhood educational5
training program approved by the department may be eligible for a scholarship6
funded by the state. Such scholarship shall be awarded only if funds are7
appropriated by the federal government for such purpose.8
§407.84.  Departmental duties and responsibilities9
A. The department shall administer the provisions of this Part, and shall10
be responsible for all matters pertaining to establishing the scholarship amount11
and the method of payment to eligible early learning staff.12
B. The department shall develop guidelines and procedures to implement13
the provisions of this Part, and to establish the amount of scholarships. The14
guidelines for determining the scholarship amount may consider the number of15
training hours earned, the type of training selected, the cost of the training to16
early learning staff, the benefit of the training to the state and to the children17
served, and other points considered essential by the department.18
Section 3.  R.S. 36:474(A)(11), and 477(B)(1) is hereby amended and reenacted to19
read as follows:20
§474. Powers and duties of the secretary of the Department of Children and Family21
Services22
A. In addition to the functions, powers, and duties otherwise vested in the23
secretary by law, he shall:24
*          *          *25
(11) Except as provided in Subsection G of this Section, prepare and submit26
a state plan for participation in the Child Care and Development Block Grant27
Program and in the Title IV-A federal program to assist families at risk of welfare28
dependency.  The Joint Committee on Health and Welfare shall serve as an advisory29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 29 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
committee to the secretary to begin developing the state plan.1
*          *          *2
§477.  Office; purposes and functions3
*          *          *4
B.(1) The office of children and family services shall perform the services of5
the state relating to public assistance programs to provide aid to dependent children6
and to adults, who due to age, disability, or infirmity, are unable to adequately meet7
their basic needs. It shall also administer the food stamp program, child support8
programs, establishment of paternity programs, disaster relief grant programs for9
individuals and families, and such other programs as assigned by the secretary.  It10
shall also conduct disability and other client eligibility determinations, and may11
conduct medical assistance client eligibility determinations. The office is authorized12
to enter into interagency agreements with other state agencies to conduct eligibility13
determinations. The office shall provide for the public child welfare functions of the14
state including but not limited to prevention services which promote, facilitate, and15
support activities to prevent child abuse and neglect; child protective services;16
voluntary family strengthening and support services; making permanent plans for17
foster children and meeting their daily maintenance needs of food, shelter, clothing,18
necessary physical medical services, school supplies, and incidental personal needs;19
and adoption placement services for foster children freed for adoption. It shall also20
perform the functions of the state relating to the licensing of child care facilities that21
do not receive federal funds under Title XIX of the Social Security Act and day care22
centers and agencies facilities regulated under Chapter 14 of Title 46 of the23
Louisiana Revised Statutes of 1950.  The office shall issue and monitor domestic24
violence services contracts.25
*          *          *26
Section 4. R.S. 46:1401, 1402, 1402.1, 1403, 1404(A), 1405, 1406, 1407, 1414.1,27
1415, 1417, 1418(A), 1419, 1420(A), 1421, 1422, 1423, 1427, 1428, and 1430 are hereby28
amended and reenacted to read as follows:29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 30 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
CHAPTER 14. CHILD CARE FACILITIES AND1
CHILD-PLACING AGENCIES LICENSING SPECIALIZED PROVIDERS2
§1401.  Short title3
This Chapter may be cited as the "Child Care Facility and Child-Placing4
Agency Specialized Provider Licensing Act."5
§1402.  Legislative intent; declaration of purpose and policy6
It is the intent of the legislature to protect the health, safety, and well-being7
of the children of the state who are in out-of-home care on a regular or consistent8
basis. Toward that end, it is the purpose of this Chapter to establish statewide9
minimum standards for the safety and well-being of children, to insure maintenance10
of these standards, and to regulate conditions in these facilities through a program11
of licensing. It shall be the policy of the state to insure protection of all individuals12
under care in child care facilities and placement agencies specialized providers and13
to encourage and assist in the improvement of programs. It is the further intent of the14
legislature that the freedom of religion of all citizens shall be inviolate. This Chapter15
shall not give the Department of Health and Hospitals or the Department of Children16
and Family Services jurisdiction or authority to regulate, control, supervise, or in any17
way be involved in the form, manner, or content of any curriculum or instruction of18
a school or facility specialized provider sponsored by a church or religious19
organization so long as the civil and human rights of the clients and residents are not20
violated.21
§1402.1.  Licensing; prohibition of conflict of interest22
All licenses issued to child care facilities and child-placing facilities23
specialized providers pursuant to this Chapter shall specify that the facility shall not24
enter into any contract or engage in any activities in conflict with its duties to the25
mothers, fathers, and children that it is licensed to serve.26
§1403.  Definitions27
A. As used in this Chapter, the following definitions shall apply unless the28
context clearly states otherwise:29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 31 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(1) "Camp" means any place or facility operated by any institution, society,1
agency, corporation, person or persons, or any other group which serves only2
children five years of age or older and operates only when school is not in session3
during the summer months or school holidays, or both.4
(2) "Child" means a person who has not reached age eighteen or otherwise5
been legally emancipated. The words "child" and "children" are used interchangeably6
in this Chapter.7
(3) "Child day care center" means any place or facility operated by any8
institution, society, agency, corporation, person or persons, or any other group for9
the purpose of providing care, supervision, and guidance of seven or more children,10
not including those related to the caregiver, unaccompanied by parent or guardian,11
on a regular basis for at least twelve and one-half hours in a continuous seven-day12
week. If a child day care center provides transportation or arranges for transportation13
to and from the center, either directly or by contract with third parties, all hours14
during which a child is being transported shall be included in calculating the hours15
of operation. A child day care center that remains open for more than twelve and16
one-half hours in a continuous seven-day week, and in which no individual child17
remains for more than twenty-four hours in one continuous stay shall be known as18
a full-time child day care center. A child day care center that remains open after 9:0019
p.m. shall meet the appropriate regulations established for nighttime care.20
(4)(2) "Child-placing agency" means any institution, society, agency,21
corporation, facility, person or persons, or any other group engaged in placing22
children in foster care or with substitute parents for temporary care or for adoption,23
or engaged in assisting or facilitating the adoption of children, or engaged in placing24
youth in transitional placing programs, but shall not mean a person who may25
occasionally refer children for temporary care.26
(5)(3) "Department" means the Department of Children and Family Services.27
(6) "Early childhood learning center" means any child day care center, Early28
Head Start grantee, Head Start grantee, or stand-alone prekindergarten or29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 32 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
kindergarten program that is not attached to a school and that is licensed by the state.1
(7) "License category" means the category of license applied for or held,2
which shall include early childhood learning centers, maternity homes, residential3
homes, and child-placing agencies.4
(8)(4) "License type" means the type of license applied for or held by a5
specialized provider, which shall include Type I	, Type II, Type III, and Type IV6
licenses.7
(9)(5) "Maternity home" means any place or facility in which any institution,8
society, agency, corporation, person or persons, or any other group regularly receives9
and provides necessary services for children before, during, and immediately10
following birth. This definition shall not include any place or facility which receives11
and provides services for women who receive maternity care in the home of a12
relative within the sixth degree of kindred, computed according to civil law, or13
general or special hospitals in which maternity treatment and care is part of the14
medical services performed and the care of children only brief and incidental.15
(10)(6) "Related" or "relative" means a natural or adopted child or grandchild16
of the caregiver or a child in the legal custody of the caregiver.17
(11)(7) "Residential home" means any place, facility, or home operated by18
any institution, society, agency, corporation, person or persons, or any other group19
to provide full-time care, twenty-four hours per day, for more than four children who20
are not related to the operators and whose parents or guardians are not residents of21
the same facility, with or without transfer of custody.22
(12) "School", as referred to in R.S. 46:1415, means any institution or facility23
which provides for education of children in grades one or above. Any kindergarten24
or prekindergarten attached thereto shall be considered part of that school.25
(13)(8) "Specialized provider" means a child-placing agency, maternity26
home, or residential home.27
(14)(9) "Type I license" means a license held by a child day care center or28
residential home that is owned or operated by a church or religious organization that29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 33 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
does not wish to be licensed as a Type II, Type III, or Type IV center. Nothing herein1
shall be construed to require a children's religious ministry program operated by a2
church or other religious organization in accordance with R.S. 46:1429 to be licensed3
pursuant to this Chapter. "Type I license" also means a license held by a 	child day4
care center or residential home holding a Class B license prior to the effective date5
of this Section.6
(15) "Type II license" means the license held by a privately owned child day7
care center that either receives no state or federal funds from any source, whether8
directly or indirectly, or whose only source of state or federal funds is the federal9
food and nutrition program.10
(16) "Type III license" means the license held by any publicly or privately11
owned early childhood learning center which receives state or federal funds, directly12
or indirectly, from any source other than the federal food and nutrition program.13
Type III early childhood learning centers shall meet the performance and academic14
standards of the Early Childhood Care and Education Network regarding15
kindergarten readiness, as determined by the State Board of Elementary and16
Secondary Education.17
(17)(10) "Type IV license" means the license held by any publicly or18
privately owned specialized provider.19
(18)(11) "Youth" means a person not less than sixteen years of age nor older20
than twenty-one years of age.21
B. For purposes of this Chapter "child care facility" shall include maternity22
homes, early childhood learning centers, and residential homes as defined in this23
Section.24
*          *          *25
§1404.  Requirement of licensure26
A. All early childhood learning centers and specialized providers, including27
facilities owned or operated by any governmental, profit, nonprofit, private, or28
church agency, shall be licensed. Child care facility Specialized provider licenses29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 34 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
shall be of four two types: Type I , Type II, Type III, and Type IV.1
*          *          *2
§1405.  Transitional provisions3
A.(1) Until such time as rules are promulgated by the department to4
implement the types of licenses required by R.S. 46:1404, 	child care facilities and5
child-placing agencies specialized providers shall follow the rules, regulations, and6
standards in effect for Class A and Class B licensure.7
(2) The department shall create an early childhood learning working group8
to include one representative from Louisiana's Early Childhood Advisory Council,9
the Child Care Association of Louisiana, the Nonpublic School Council, the10
Louisiana Head Start Association, the Department of Children and Family Services,11
the Department of Education, the Children's Cabinet, and the office of the governor.12
Such working group shall include participants having expertise in care of infants and13
toddlers, pediatric health, pediatric mental health, cognitive development, and social14
emotional development. The department shall seek input from the working group in15
the development of the rules and regulations establishing Type I, Type II, and Type16
III licenses and shall submit the proposed rules and regulations pursuant to this17
Section to the working group for approval. Such working group shall forward the18
proposed rules and regulations to the Children's Defense Fund, the Louisiana19
Association for the Education of Young Children, and Louisiana Partnership for20
Children and Families no later than November 1, 2013, for review and comment. The21
working group shall be dissolved on the effective date of any provision of law which22
transfers statutory authority for licensing of child day care centers from the23
Department of Children and Family Services to the Department of Education.24
B. All existing child day care centers or residential homes possessing a Class25
B license shall be issued a Type I license as provided by rule.26
C.(1) All child day care centers that meet the definition for a Type II license27
pursuant to this Chapter shall be issued a Type II license as provided by rule.28
(2) Any child day care center possessing a Class A license on January 1, 201429 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 35 of 57
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
D. The Department of Education shall maintain on its website all the17
information that is required by state and federal funding sources and is easily18
accessible to the public, including but not limited to program statistics for the19
Child Care Assistance Program that includes monthly and year end fiscal year20
totals of the number of children and amount of benefits of the current year and21
previous statistics as of 2004, monthly statistics of number of children and22
amount of benefits by parish, applications processed by parish, unduplicated23
count of paid providers by month, redeterminations, and cases by parish and24
fiscal year. The department shall also include information on each licensed25
facility for the last fifteen visits, including licensed capacity, license type and26
current rating.27
§1406.  Licenses; application; temporary or provisional; fees28
A. Application for licensure of a new child care facility or specialized29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 36 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
provider shall be made by the child care facility or specialized provider to the1
department upon forms furnished by the department. Upon receipt of the application2
for a license and verification that minimum requirements for such license as3
established by rule are satisfied, and that the facility or agency specialized provider4
is in compliance with all other state and local laws and regulations, the department5
shall issue a Type I, Type II, Type III, or Type IV license for the appropriate license6
category for such period as may be provided for by rule.7
B. The department may provide through the promulgation of rules for the8
issuance of temporary, provisional, or extended licenses for each license category9
and type if a disapproval has not been received from any other state or local agency10
authorized by any other laws or rules to inspect such facilities or agencies11
specialized providers.12
C. A license of any type or category shall apply only to the location stated on13
the application, and such license, once issued, shall not be transferable from one14
person to another or from one location to another. If the location or ownership of the15
facility specialized provider is changed, then the license shall be automatically16
revoked. A new application form shall be completed prior to all license renewals.17
D. Each licensed facility specialized provider shall display its license in a18
prominent place at the facility, except that a facility specialized provider operated19
by a church or religious organization may be exempt from such requirement,20
provided the license is available upon request.21
E. There shall be an annual license fee for each type of early childhood22
learning center and specialized provider in an amount equal to the annual license fee23
in effect for all Class A and Class B child care facilities and child-placing agencies24
specialized providers possessing such license on January 1, 2014, without an25
increase in the amount of such fees.26
F. There shall be an annual license fee of twenty-five dollars for any license27
issued to an early childhood learning center providing care for fifteen or fewer28
children; one hundred dollars for any license issued to an early childhood learning29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 37 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
center providing care for at least sixteen but no more than fifty children; one hundred1
seventy-five dollars for any license issued to an early childhood learning center2
providing care for at least fifty-one but no more than one hundred children; and two3
hundred fifty dollars for any license issued to an early childhood learning center4
providing care for more than one hundred children.5
G. There shall be an annual license fee of one hundred dollars for any license6
issued to a residential home providing care for six or less children; two hundred7
dollars for any license issued to a residential facility providing care for at least seven8
but no more than fifteen children; and three hundred dollars for any license issued9
to a residential facility providing care for sixteen or more children.10
H. F. There shall be an annual license fee of fifty dollars for any license11
issued to a child-placing agency or maternity home.12
I. G. The fees provided for in this Section shall not apply to any Type I child13
day care center specialized provider owned or operated by a church or religious14
organization.15
J. H. Annual fees for any type or category of license shall not be increased16
unless expressly authorized by statute as provided in Article VII, § Section 2.1 of the17
Constitution of Louisiana.18
§1407.  Rules, regulations, and standards for licenses19
A. The department shall promulgate regulations for each category and type20
of license to carry out the provisions of this Chapter in accordance with the21
provisions of the Administrative Procedure Act. The department shall seek input and22
guidance from the Louisiana Advisory Council on Child Care and Early Education23
concerning the proposed rules and regulations for approval of Type I, Type II, and24
Type III facilities for licensure in accordance with the Administrative Procedure Act.25
B.(1) The regulations developed by the department, at a minimum, shall26
accomplish all of the following:27
(a) Promote the health, safety, and welfare of children attending any facility28
specialized provider.29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 38 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(b) Promote safe, comfortable, and proper physical facilities of specialized1
providers.2
(c) Ensure adequate supervision of those attending facilities specialized3
providers by capable, qualified, and healthy personnel.4
(d) Ensure adequate and healthy food service in facilities specialized5
providers where food is offered.6
(e) Prohibit discrimination by early childhood learning centers and7
specialized providers on the basis of race, color, creed, sex, national origin, handicap,8
ancestry, or whether the child is being breastfed. However, nothing in this9
Subparagraph shall be construed to affect, limit, or otherwise restrict any of the10
following:11
(i) The hiring or admission policies of a licensed child day care center12
specialized provider owned by a church or religious organization, which may give13
preference in hiring or admission to members of the church or denomination.14
(ii) The rights of religious sectarian child-placing agencies to consider creed15
in any decision or action relating to foster care or adoption.16
(f) Require residential home and maternity home providers to have a17
written description of admission policies and criteria which expresses the needs,18
problems, situations, or patterns best addressed by its program. These policies shall19
be available to the person legally responsible for any child referred for placement.20
(g) Include procedures by which parents and guardians are given an21
opportunity for consultation and information about the educational and therapeutic22
programs for the child in attendance.23
(h) Include regulations and standards for nighttime care.24
(i) Include procedures for the receipt, recordation, and disposition of25
complaints.26
(j) Include procedures for the return of a child to his parent. Arrangements27
for the child's return to his parent shall not include third parties or other child care28
agencies unless written agreement between the child care agency and the parent is29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 39 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
on file with the child care agency.1
(k) Include procedures that allow an early childhood learning center to2
remedy certain deficiencies immediately upon identification by the department in an3
onsite inspection, provided that any deficiency that may be remedied in such manner4
does not constitute a critical violation of licensing standards as determined by the5
department.6
(2)(a) Any entity specialized provider approved by the department shall be7
required to have all of the following:8
(i)(a) Approval from the Department of Public Safety and Corrections, office9
of the state fire marshal, code enforcement and building safety.10
(ii)(b) Approval from the Department of Health and Hospitals, office of11
public health.12
(b) Type III early childhood learning centers shall adhere to the performance13
and academic standards of the Early Childhood Care and Education Network14
regarding kindergarten readiness as determined by the State Board of Elementary15
and Secondary Education. The Department of Education shall base its approval upon16
the uniform accountability system.17
(3) No facility residential home provider holding a Type I license shall18
receive any state or federal funds, from any source, whether directly or indirectly.19
If a facility residential home provider holding a Type I license receives any state20
or federal funds, its license shall be automatically revoked.21
(4) No facility holding a Type II license shall receive any state or federal22
funds, from any source, whether directly or indirectly, other than those received23
solely for food and nutrition. If a facility holding a Type II license receives any state24
or federal funds, whether directly or indirectly, other than those received solely for25
food and nutrition, its license shall be automatically revoked.26
C. The department shall prepare standard forms for applications and for27
inspection reports.28
D. A comprehensive review of all standards, rules, and regulations for all29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 40 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
licenses shall be made at least every three years by the department.1
E. The secretary of the department, in specific instances, may waive2
compliance with a minimum standard upon determination that the economic impact3
is sufficiently great to make compliance impractical, as long as the health and well-4
being of the staff or children is not imperiled. If it is determined that the facility5
specialized provider or agency is meeting or exceeding the intent of a standard or6
regulation, the standard or regulation may be deemed to be met.7
F. Discrimination by child care facilities specialized providers and child-8
placing agencies on the basis of race, color, creed, sex, national origin, disability as9
defined by R.S. 51:2232(11), ancestry, or whether the child is being breastfed is10
prohibited. However, this shall not restrict the hiring or admission policies of a11
church or religious organization, which may give preference in hiring or admission12
to members of the church or denomination.13
G. The department shall not regulate or attempt to regulate or control the14
religious or spiritual content of the curriculum of a school or facility specialized15
provider sponsored by a church or religious organization.16
H. Nothing in the rules, regulations, and standards adopted pursuant to this17
Section shall authorize or require medical examination, immunization, or treatment18
of any child whose parents object to such examination, immunization, or treatment19
on religious grounds.20
I. Each residential home and maternity home facility shall have a written21
discipline policy, which shall be made available to parents and to authorized22
inspection personnel upon request.23
*          *          *24
§1414.1.  Disclosure requirements; penalties25
A. Any owner, operator, current or prospective employee, or volunteer of a26
child care facility specialized provider licensed by the Department of Children and27
Family Services shall report annually and at any time upon the request of the28
department on the state central registry disclosure form promulgated by the29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 41 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
department whether or not his name is currently recorded on the state central registry1
for a justified finding of abuse or neglect and he is the named perpetrator.2
B. Any such current or prospective employee or volunteer of a 	child care3
facility specialized provider licensed by the department shall submit the state4
central registry disclosure form to the owner or operator of the facility specialized5
provider, who shall maintain the documents in accordance with current department6
licensing requirements. Any state central registry disclosure form that is maintained7
in a child care facility by a special provider licensing file shall be confidential and8
subject to the confidentiality provisions of R.S. 46:56(F) pertaining to the9
investigations of abuse and neglect.10
C. Any owner, operator, current or prospective employee, or volunteer of a11
child care facility specialized provider licensed by the department who knowingly12
falsifies the information on the state central registry disclosure form shall be guilty13
of a misdemeanor offense and shall be fined not more than five hundred dollars, or14
imprisoned for not more than six months, or both.15
D. Any owner, operator, current or prospective employee, or volunteer of a16
child care facility specialized provider licensed by the department who discloses17
that he is currently recorded on the state central registry for a justified finding of18
abuse or neglect shall be entitled to a risk assessment evaluation provided by the19
department to determine that the individual does not pose a risk to children. Any20
such individual who is determined to pose a risk to children shall have the right to21
file an appeal in accordance with R.S. 49:992 of the Administrative Procedure Act.22
Any such determination by the risk evaluation panel shall be kept on file at all times23
by the department.24
E. The department shall promulgate rules and regulations to implement this25
Section. The rules and regulations shall include but not be limited to establishing26
criteria for risk evaluation requests, the composition of the risk evaluation panel, and27
establishing criteria for risk evaluation determinations.28
§1415.  Facilities and agencies subject to regulation; exemptions29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 42 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
A. All early childhood learning centers and specialized providers shall be1
subject to the provisions of this Chapter. However, private or public day schools2
serving children in grades one and above, including any kindergartens or3
prekindergarten programs attached thereto, as well as camps, and all care given4
without charge, shall be exempt from such provisions.5
B. Nothing in this Chapter shall apply to facilities licensed by the Department6
of Health and Hospitals or the Department of Education.7
*          *          *8
§1417.  Inspections9
It shall be the duty of the department, through its duly authorized agents, to10
inspect at regular intervals not to exceed one year, or as deemed necessary by the11
department, and without previous notice all child care facilities and child-placing12
agencies specialized providers subject to the provisions of this Chapter. The13
department shall also develop and facilitate coordination with and among other14
authorized agencies making inspections at regular intervals. The facility A15
specialized provider shall be open to inspection only during working hours by16
parents or legal guardians of children in care and by authorized inspection personnel.17
§1418.  Complaints18
A. It shall be the duty of the department, through its duly authorized agents,19
to investigate all complaints (except complaints concerning the prevention or spread20
of communicable diseases), including complaints alleging child abuse, against any21
child care facility or child-placing agency specialized provider as defined in this22
Chapter. The department may take such action as is authorized by this Chapter. Any23
complaint received concerning the prevention or spread of communicable diseases24
shall be immediately referred to the state health officer through the nearest parish25
health unit for investigation and disposition.26
*          *          *27
§1419.  Revocation or refusal to renew license; written notice28
The department shall have the power to deny, revoke, or refuse to renew a29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 43 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
license for a child care facility or specialized provider if an applicant has failed to1
comply with the provisions of this Chapter or any applicable, published rule or2
regulation of the department relating to child care facilities and specialized3
providers. If a license is denied, revoked, or withdrawn, the action shall be effective4
when made and the department shall notify the applicant, licensee, or specialized5
provider of such action in writing immediately and of the reason for the denial,6
revocation, or withdrawal of the license.7
§1420.  Refusal or revocation of license; appeal procedure8
A. Upon the refusal of the department to grant a license or upon the9
revocation of a license, the agency, institution, society, corporation, person or10
persons, or other group having been refused a license or having had a license11
revoked shall have the right to appeal such action by submitting a written request to12
the secretary of the department within thirty days after receipt of the notification in13
the case of the refusal of the license or, in the case of revocation, within fifteen14
calendar days after receipt of the notification of the revocation. The appeal hearings15
shall be held no later than thirty days after the request therefor, except as provided16
in the Administrative Procedure Act, and shall be conducted in accordance with17
applicable regulations of the department and the provisions of R.S. 46:107. This18
provision shall in no way preclude the right of the party to seek relief through19
mandamus suit against the department, as provided by law.20
*          *          *21
§1421.  Operating without or in violation of license; penalty22
Whoever operates any child care facility or as a specialized provider, as23
defined in R.S. 46:1403, without a valid license issued by the department shall be24
fined not less than one thousand dollars per day for each day of such offense.25
§1422.  Operating without or in violation of license; injunctive relief26
If any child care facility or specialized provider operates without a valid27
license issued by the department, the department may file suit in the district court in28
the parish in which the facility specialized provider is located for injunctive relief,29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 44 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
including a temporary restraining order, to restrain the institution, society, agency,1
corporation, person or persons, or any other group operating the facility specialized2
provider or agency from continuing the violation. The state health officer shall have3
exclusive authority over all matters involving the prevention or spread of4
communicable diseases within a child care facility or specialized provider.5
§1423.  Removal of individuals from facility6
The department shall remove any child or all children from any 	facility or7
agency specialized provider when it is determined that one or more violations exist8
within the facility specialized provider or agency which places the health and well-9
being of the child or children in imminent danger; provided, however, that a10
contradictory hearing shall be held within seven days thereafter by the district court11
of the district to determine whether the action was justified and whether and how12
long it shall continue.13
*          *          *14
§1427.  Parent-child relationship15
The Department of Children and Family Services shall not interfere with the16
parent-child relationship regarding the religious training of a child, where all of the17
following conditions are met:18
(1) The parent or legal guardian has enrolled their child in a child care facility19
specialized provider, including but not limited to a child residential facility,20
operated by a religious, nonprofit organization which is exempt from federal income21
taxes pursuant to 26 U.S.C. 501(c)(3).22
(2) Where, as a condition of enrollment, the child is required to attend23
religious services or classes and the parent or guardian of the child agrees to such24
condition.25
§1428.  Immunization information; influenza26
A. Each licensed child care facility specialized provider of child placing27
agency, before November first of each year, shall make available to each child's28
parent or legal guardian information relative to the risks associated with influenza29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 45 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
and the availability, effectiveness, known contraindications, and possible side effects1
of the influenza immunization. Such information shall include the causes and2
symptoms of influenza, the means by which influenza is spread, and the places3
where a parent or legal guardian may obtain additional information and where a child4
may be immunized against influenza. Such information shall be updated annually if5
new information on such disease is available.6
B.(1) The Department of Health and Hospitals shall develop and provide7
information on influenza immunization to the Department of Children and Family8
Services. The Department of Children and Family Services shall provide such9
information to each licensed child care facility specialized provider or child10
placing agency, which shall make the information available to each child's parent11
or legal guardian pursuant to Subsection A of this Section.12
(2) The Department of Health and Hospitals and the Department of Children13
and Family Services shall determine respectively the most cost-effective and14
efficient means of distributing such information.15
C. The Department of Children and Family Services, in consultation with the16
Department of Health and Hospitals, shall establish by rules and regulations all17
guidelines and procedures for carrying out the provisions of this Section in18
accordance with the Administrative Procedure Act.19
D. Nothing in this Section shall be construed to require any licensed child20
care facility specialized provider or child placing agency, the Department of21
Children and Family Services, or the Department of Health and Hospitals to provide22
or pay for immunizations against influenza.23
*          *          *24
§1430.  Operating in violation of regulations; penalties and fines25
A.(1) For violations related to supervision, criminal history record checks,26
the state central registry disclosure process, staff-to-child ratios, motor vehicle27
checks, or failure to report critical incidents, the Department of Children and Family28
Services may issue a written warning that includes a corrective action plan, in lieu29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 46 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of revocation, upon any person or entity specialized provider violating these1
requirements if such condition or occurrence does not pose an imminent threat to the2
health, safety, rights, or welfare of a child. Failure to implement a corrective action3
plan issued pursuant to this Section may result in either the assessment of a civil fine4
or license revocation or may result in both actions being taken by the department.5
Such civil fine shall not exceed two hundred fifty dollars per day for each6
assessment; however, the aggregate fines assessed for violations determined in any7
consecutive twelve-month period shall not exceed two thousand dollars.8
(2) The department shall adopt rules in accordance with the Administrative9
Procedure Act which articulate factors in determining the type of sanction imposed10
including the severity of risk, the actual harm and mitigating circumstances, the11
failure to implement a written corrective action plan, the history of noncompliance,12
an explanation of the treatment of continuing and repeat deficiencies, evidence of a13
good faith effort to comply, and any other relevant factors. The department shall14
develop and adopt rules and regulations required by this Paragraph with input and15
guidance from the Louisiana Advisory Council on Child Care and Early Education.16
The authority to impose sanctions pursuant to this Section shall commence on the17
effective date of the rules promulgated pursuant to this Section.18
B. The department shall adopt rules and regulations in accordance with the19
Administrative Procedure Act to provide for notice to the child care facility20
specialized provider or child-placing agency of any violation, for a departmental21
reconsideration process for sanctions issued, and for an appeal procedure including22
judicial review. Such appeal shall be suspensive. All appeals pursuant to this23
Subsection shall be heard by the division of administrative law pursuant to Chapter24
13-B of Title 49 of the Louisiana Revised Statutes of 1950. The division shall furnish25
to the facility or agency a copy of the decision, together with notice of the manner26
for requesting judicial review. During the pendency of an appeal, a child care facility27
specialized provider or child-placing agency may continue to receive funding for28
services provided to those eligible children as determined by the department.29 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 47 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
C. The department may institute any necessary civil court action to collect1
fines imposed and not timely appealed. No child care facility specialized provider2
or child-placing agency shall claim imposed fines as reimbursable. Interest shall3
begin to accrue at the current judicial rate on the day following the date on which any4
fines become due and payable. All costs of any successful action to collect such5
fines, including travel expenses and reasonable attorney fees, shall be awarded to the6
department in addition to the fines.7
D.(1) Civil fines collected pursuant to the provisions of this Section shall be8
deposited immediately into the state treasury.9
(2) After compliance with the requirements of Article VII, Section 9(B) of10
the Constitution of Louisiana relative to the Bond Security and Redemption Fund,11
and prior to the monies being placed in the state general fund, an amount equal to the12
amount deposited as provided in Paragraph (1) of this Subsection shall be credited13
to a special fund hereby created in the state treasury to be known as the "Child Care14
Specialized Provider Licensing Trust Fund", hereinafter referred to as "the fund".15
The monies in the fund shall be subject to annual appropriation and shall be available16
exclusively for use by the Department of Children and Family Services for the17
education and training of employees, staff, or other personnel of child care facilities18
specialized provider and child-placing agencies.19
(3) The monies in the fund shall be invested by the treasurer in the same20
manner as the monies in the state general fund, and all interest earned from the21
investment of monies in the fund shall be deposited in and remain to the credit of the22
fund. All unexpended and unencumbered monies remaining in the fund at the end of23
the fiscal year shall remain in the fund.24
Section 5. R.S. 46:1414, 1426, 1429, and 1445 through 1448 are hereby repealed.25
Section 6.  This Act shall become effective on July 1, 2014.26 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 48 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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 (R.S. 17:407.34) 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 kindergarten and above, including any 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
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 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 49 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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 does not prevent an early learning center otherwise qualified for a Type I
license to voluntarily seek a Type II or Type III license, or an early learning center otherwise
qualified for a Type II license to voluntarily seek a Type III license, provided that such early
learning center meets the standards set forth for such license.
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 continue to follow the rules, regulations, and standards in effect for Class A and Class
B licensure of child care facilities found in La. Admin. Code. Further provides that
administrative rules promulgated by DCFS will remain in effect until BESE has promulgated
its own rules.
Proposed law 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.
(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. SB NO. 524
SLS 14RS-372	ENGROSSED
Page 50 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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)Ensure adequate supervision of those attending early learning centers.
(4)Ensure adequate and healthy food service in early learning centers where food is
offered.
(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 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 51 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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
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 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 52 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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.
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 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 53 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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
to provide or pay for immunizations against influenza.
Proposed law (R.S. 17:407.51) requires BESE to establish an Advisory Council on Early
Childhood Care and Education (ACECCE) that consists of the following members:
(1)Two Type III early learning centers, selected by the superintendent.
(2)One Type II early learning center, selected by the superintendent.
(3)One Type I early learning center, selected by the superintendent.
(4)Two representatives of Head Start programs, one of which shall be operated by a
local education agency and selected by BESE, and one of which shall be operated
by a non-local education agency and selected by the superintendent.
(5)Two representatives of local education agencies operating publicly funded early
childhood programs other than Head Start, selected by BESE.
(6)Two representatives of Louisiana non-profit advocacy organizations having a focus
on early childhood education, selected by the superintendent. SB NO. 524
SLS 14RS-372	ENGROSSED
Page 54 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(7)Two representatives of approved non-public schools with publicly funded early
childhood care and education programs, selected by BESE.
(8)One professional or faculty member having child development or early childhood
education expertise from a Louisiana post-secondary education institution, selected
by the commissioner of higher education.
(9)The president of the Louisiana Chapter of the American Academy of Pediatrics, or
his designee.
(10)One representative of an advocacy or service organization that focuses on serving
children with disabilities, selected by the superintendent.
(11)One representative of a Louisiana business or community organization, selected by
BESE.
(12)One parent of a child currently enrolled in a publicly funded early learning center or
prekindergarten program, selected by BESE.
Further provides that the ACECCE include non-voting ex-officio members who may advise
and contribute to discussions pertaining to early childhood care and education, including but
not limited to the following:
(1)The chairmen of the House and Senate committees on Education, the House and
Senate committees on Health and Welfare, or their designee.
(2)The secretary of the DCFS or his designee.
(3)The state director of the Head Start Collaboration.
(4)A representative of the state agency responsible for programs under Section 619 or
Part C of the Individuals with Disabilities Education Act.
(5)The director of the Maternal Child Health Program at DHH.
(6)The director of the Child and Adult Care Food Program at DOE.
(7)The Louisiana State Fire Marshal or his designee.
(8)A representative from the Office of Sanitarian Services at DHH.
(9)A representative from the Louisiana Workforce Commission.
(10)A representative from the Louisiana State Police Bureau of Criminal Identification.
The ACECCE shall provide input and guidance to BESE and DOE on matters pertaining to
the development and implementation of rules, regulations, bulletins, policies or standards
related to all publicly funded early care and education programs, including early learning
centers, enrollment in early learning centers, the Cecil J. Picard LA4 Early Childhood
Program, the Child Care Development Fund Block Grant or the Child Care Assistance
Program, Early Head Start and Head Start.
Prior to its submission to the United States Department of Health and Human Services, DOE
is required to consult and provide a draft of the state plan for the Child Care and
Development Fund and its budget, and any amendments to the state plan including budget
revisions, and provide an opportunity for ACECCE to make recommendations to BESE. 
Prior to the BESE’s consideration of any rule or standard related to early learning centers, SB NO. 524
SLS 14RS-372	ENGROSSED
Page 55 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
enrollment in early learning centers, the Cecil J. Picard LA4 Early Childhood Program, the
Child Care and Development Fund Block Grant or the Child Care Assistance Program, DOE
is required to consult with and provide a draft of the proposed rules to the council, and
provide an opportunity for the council to make recommendations. Recommendations made
by the council shall be reported to the state board prior to their adoption.
Requires DOE to provide the ACECCE with reports not less than annually of the following
activities, provided that data are available, pursuant to a schedule agreed upon by the chair
and the superintendent:
(1)A description of each publicly funded early care and education program, including
the eligibility criteria, the program requirements, average number of hours and days
of the program, and the amount of total funding and source of funding for each
program. The description shall also include a specific description of the fee structure
for the Child Care Assistance Program.
(2)The number of children served in each publicly funded early childhood care and
education program in Louisiana, broken down by the age of the child and amount of
public funding per child per program.
(3)The number of early learning centers by each licensing type and at each quality level
as determined by the accountability system then in place, and the number of children
served at each age in each type at each quality level.
(4)Description of the training and support provided to each program and the amount of
funding for this by program and source of funds.
(5)Description of unmet family demand for early care and education in Louisiana.
(6)Description of the goals for the upcoming fiscal year for early care and education in
Louisiana, including outcome indicators that will be used to measure progress, and
a description of the progress made in achieving the previous year’s goals.
(7)Description and results of any evaluations of the early care and education programs
in the state.
(8)Description of the early care and education workforce, including an analysis of the
status of the current early care and education workforce, including demographics,
certifications and education levels, participation and level on any professional
development ladder, and the participation in any teacher tax credits. The description
shall also include information about salaries and benefits, and a comparison of these
to similarly qualified employees in other but related fields, and an analysis of the
workforce capacity necessary to meet the state’s early care and education needs.
Requires DOE to coordinate with the OSFM and the DHH to align standards for licensing
of early learning centers with the standards for early childhood education programs.
Proposed law (R.S. 17:407.53) requires BESE to promulgate rules and regulations in
accordance with the provisions of the APA to carry out the provisions of 	proposed law.
Proposed law (R.S. 17:407.63) requires all family child day care homes serving six or fewer
children that receive state or federal funds, directly or indirectly, shall be registered.
Proposed law (R.S. 17:407.65) authorizes DOE to visit and inspect registered family child
day care homes as deemed necessary.
Proposed law (R.S. 17:407.66) authorizes the OSFM to charge each family child day care
home applying for registration or renewal of registration an annual fee for services. The fee SB NO. 524
SLS 14RS-372	ENGROSSED
Page 56 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of $30 shall be charged to cover the cost of inspection for family child day care homes.
OSFM shall transfer sufficient funds to DHH or DOE for those family child day care homes
that receive state or federal funds but do not participate in the federal Child and Adult Care
Food Program to carry out the registration process.
Proposed law (R.S. 17:407.67) DHH or DOE is authorized to deny, revoke, or refuse to
renew a registration of a registered family child day care home if an applicant has failed to
comply with the provisions of proposed law.
Proposed law (R.S. 17:407.68) provides for appellate procedure for the family child day care
home after DHH or DOE's refusal to grant or renew a registration or upon the revocation of
a registration, with the right to appeal such action to the division of administrative law by
submitting a written request for an appeal to the department within 30 calendar days after
receipt of the notification of the refusal or revocation.
Proposed law (R.S. 17:407.69) provides for fines of not less than $25 nor more than $100
for each day of operation without a valid registration issued by DOE.
Proposed law (R.S. 17:407.70) requires DOE to notify the appropriate agencies if it is
determined that one or more violations exist within a family child day care home which
place the health and well-being of a child or children in imminent danger.
Proposed law (R.S. 17:407.71) prohibits employment of persons convicted of certain crimes
against children or sex-related crimes.  DOE may require a criminal background check.
Further, the primary child care provider of any family child day care home shall have
documented current certification in either Infant/Child CPR or Infant/Child/Adult CPR.
Proposed law (R.S. 17:407.72) requires all family child day care home providers receiving
payments from DOE to participate in a four-hour orientation that includes at least the
following subjects: record keeping; immunization schedules and requirements; recognizing
signs of child abuse; child abuse prevention; communicating with parents; age appropriate
activities for young children; child development; child safety; and nutritional needs of
children. The orientation will count toward the required hours of professional development
training mandated by DOE.
Present law (R.S. 46:1445-1448) requires training for child care workers.
Proposed law (R.S. 17:407.81-407.84) retains the intent of present law, but refers to workers
formerly known as child care workers as early learning staff.
Present law (R.S. 15:587.1(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. 15:587.1(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 SB NO. 524
SLS 14RS-372	ENGROSSED
Page 57 of 57
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
home, and residential homes by the Dept. of Children and Family Services (DCFS).
Proposed law (R.S. 46:1405(D)) requires DOE to maintain on its website all information
required by state and federal funding sources, including program statistics for the Child Care
Assistance Program.
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), R.S. 36:474(A)(11), and 477(B)(1), R.S. 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, 407.31-407.53, 407.61-
407.72, and 407.81-407.84; and repeals R.S. 46:1414, 1426, 1429 and 1445-1448)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill
1. Technical.
2. Exempts stand-alone kindergartens from licensure.
3. Provides that the existing licensure rule rules promulgated by DCFS shall
continue the transferred programs and operations until such time as BESE
promulgates its own rules.
4. Establishes an Advisory Council on Early Childhood Care and Education to
provide input and guidance to BESE and DOE on matters pertaining to the
development and implementation of rules, regulations, bulletins, policies, or
standards related to all publically funded early care and education programs.
5. Establishes a Family Child Day Care Registration law.
6. Requires training for early learning staff.
7. Requires DOE to maintain on its website certain information required by
state and federal funding sources.