Louisiana Senate Bill SB524 Engrossed / Bill

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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.  (See Act)
AN ACT1
To amend and reenact R.S. 15:587.1(A)(1)(a), R.S. 36:474(A)(11) and 477(B)(1), R.S.2
46:1401, 1402, 1402.1, 1403, 1404(A), 1405, 1406, 1407, 1414.1, 1415, 1417,3
1418(A), 1419, 1420(A), 1421, 1422, 1423, 1427, 1428, and 1430, to enact R.S.4
17:407.26, Part X-B of Chapter 1 of Title 17 of the Louisiana Revised Statutes of5
1950, to be comprised of R.S. 17:407.31 through 407.53, Part X-C of Chapter 1 of6
Title 17 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.7
17:407.61 through 407.72, and Part X-D of Chapter 1 of Title 17 of the Louisiana8
Revised Statutes of 1950, to be comprised of R.S. 17:407.81 through 407.84, and to9
repeal R.S. 46:1414, 1426, 1429, and 1445 through 1448, relative to early learning10
center licensing; and to 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
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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, are hereby enacted16
to read as follows:17
§407.26. Federal Funds for the Child Care and Development Fund Programs;18
state Department of Education's authority to receive19
A. Upon transfer of lead agency authority from the state Department of20
Children and Family Services to the state Department of Education for the21
Child Care and Development Fund, the state Department of Education may22
accept and direct the disbursement of funds appropriated by any act of23
Congress and apportioned to the state for use in connection with any Child Care24
and Development Fund programs.  The state Department of Education shall25
deposit all such funds received from the federal government with the state26
treasurer who shall, subject to legislative appropriation, make disbursements27
upon the recommendation of the state Department of Education. Prior to the28
transfer of lead agency authority, the state Department of Children and Family29 SB NO. 524
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Services shall seek input and approval from the state Department of Education1
in the development of the Child Care Development Fund state plan or any2
amendments to such plan prior to its submittal to the federal Department of3
Health and Human Services.4
B. The State Board of Elementary and Secondary Education shall5
promulgate rules and regulations to implement the Child Care and6
Development Fund State Plan. The state Department of Education shall develop7
and implement the state plan in accordance with such rules and regulations.8
C. Prior to the transfer of lead agency authority from the state9
Department of Children and Family Services to the state Department of10
Education, the departments shall enter into a cooperative endeavor agreement11
to insure a coordinated and seamless transition that does not interrupt the12
provision of state services nor unduly impact the operation or function of either13
agency. The transition shall occur in such a manner that is cost neutral to the14
state. The cooperative endeavor agreement entered into by the agencies to15
facilitate the transfer of the grant and services shall ensure the transfer of funds16
from the state Department of Education to the state Department of Children17
and Family Services in an amount sufficient to fully fund the indirect costs of18
the state Department of Children and Family Services which were previously19
funded by the Child Care Development Fund, until such time as another20
funding source is identified by the state Department of Children and Family21
Services to pay for those indirect costs. This agreement between the state22
Department of Education and the state Department of Children and Family23
Services may also allow services to be purchased by the state Department of24
Education including but not limited to fulfilling grant requirements, data25
reporting, and services to clients.26
D. Lead agency authority shall transfer no later than July 1, 2015. The27
date shall be established in the cooperative endeavor agreement. The28
cooperative endeavor agreement shall be subject to the review and approval of29 SB NO. 524
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the Joint Legislative Committee on the Budget.1
*          *          *2
PART X-B.  EARLY LEARNING CENTER LICENSING3
§407.31.  Short title4
This Part may be cited as the "Early Learning Center Licensing Act".5
§407.32.  Legislative intent; declaration of purpose and policy6
It is the intent of the legislature to protect the health, safety, and7
well-being of the children of the state who are in out-of-home care on a regular8
or consistent basis. Toward that end, it is the purpose of this Part to establish9
statewide minimum standards for the safety and well-being of children in early10
learning centers, to ensure maintenance of these standards, and to regulate11
conditions in these centers through a program of licensing. The State Board of12
Elementary and Secondary Education shall promulgate rules and regulations13
to implement a program of licensing for early learning centers and the state14
Department of Education shall administer the licensing program pursuant to15
such rules and regulations.16
§407.33.  Definitions17
A. As used in this Part, the following definitions shall apply unless the18
context clearly states otherwise:19
(1) "Camp" means any place or facility operated by any institution,20
society, agency, corporation, person or persons, or any other group which serves21
only children five years of age or older and operates only when school is not in22
session during the summer months or school holidays.23
(2) "Child" means a person who has not reached age eighteen or24
otherwise been legally emancipated.25
(3) "Child day care center" means any place or facility operated by any26
institution, political subdivision, society, agency, corporation, person or persons,27
or any other group for the purpose of providing care, supervision, and guidance28
of seven or more children, not including those related to the caregiver,29 SB NO. 524
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unaccompanied by parent or legal custodian, on a regular basis for at least1
twelve and one-half hours in a continuous seven-day week. If a child day care2
center provides transportation or arranges for transportation to and from the3
center, either directly or by contract with third parties, all hours during which4
a child is being transported shall be included in calculating the hours of5
operation. A child day care center that remains open for more than twelve and6
one-half hours in a continuous seven-day week, and in which no individual child7
remains for more than twenty-four hours in one continuous stay shall be known8
as a full-time child day care center. A child day care center that remains open9
after 9:00 p.m. shall meet the regulations established for nighttime care.10
(4) "Department" means the Department of Education11
(5) "Early learning center" means any child day care center, Early Head12
Start Center, Head Start Center, or stand-alone prekindergarten program not13
attached to a school.14
(6) "Head Start and Early Head Start Programs" mean the federal15
programs that promote the school readiness of children ages birth to five from16
low-income families.17
(7) "License type" means the type of license applied for or held, which18
shall include Type I, Type II, and Type III.19
(8) "Related" or "relative" means a natural or adopted child or20
grandchild of the caregiver or a child in the legal custody of the caregiver.21
§407.34.  Requirement of licensure22
All early learning centers shall be licensed prior to beginning operations23
in Louisiana. Early learning center licenses shall be of three types: Type I, Type24
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
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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. A "Type I license" is also the type of license16
issued to an early learning center holding a "Class B" license prior to the17
effective date of this Part.18
(1) No early learning center holding a Type I license shall receive any19
state or federal funds, from any source, whether directly or indirectly.20
(2) If an early learning center holding a Type I license receives any state21
or federal funds, its license shall be automatically revoked.22
B. A "Type II license" is the type of license issued to an early learning23
center that either receives no state or federal funds from any source, whether24
directly or indirectly, or whose only source of state or federal funds is from the25
United States Department of Agriculture's food and nutrition programs,26
hereinafter referred to in this Part as "federal food and nutrition programs".27
(1) No early learning center holding a Type II license shall receive any28
state or federal funds, from any source, whether directly or indirectly, other29 SB NO. 524
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than those funds received solely for federal food and nutrition programs.1
(2) If an early learning center holding a Type II license receives any state2
or federal funds, whether directly or indirectly, other than those received solely3
for federal food and nutrition programs, its license shall be automatically4
revoked.5
C. A "Type III license" is the type of license issued to any early learning6
center which receives state or federal funds, directly or indirectly, from any7
source other than the federal food and nutrition programs.  Type III early8
learning centers shall meet the performance and academic standards of the9
Early Childhood Care and Education Network regarding kindergarten10
readiness as determined by the State Board of Elementary and Secondary11
Education.12
D. Nothing in this Section shall prevent an early learning center13
otherwise qualified for a Type I license to voluntarily seek a Type II or Type III14
license, or an early learning center otherwise qualified for a Type II license to15
voluntarily seek a Type III license, provided that such early learning center16
meets the standards set forth for such license.17
§407.37.  Operating without a license; penalties18
A. Whoever operates any early learning center without a valid license19
issued by the department shall be fined by the department not less than one20
thousand dollars for each day of such offense.21
B. If any early learning center operates without a valid license issued by22
the department, the department may file suit in the district court in the parish23
in which the center is located for injunctive relief, including a temporary24
restraining order, to restrain the institution, agency, corporation, person or25
persons, or any other group operating the center from continuing the violation.26
§407.38.  Transitional provisions; applicable regulations27
A. Until such time as rules are promulgated by the State Board of28
Elementary and Secondary Education to implement the types of licenses29 SB NO. 524
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required by R.S. 17:407.36, early learning centers shall continue to follow the1
administrative rules contained in the Louisiana Administrative Code for the2
licensure of Class A and Class B child care facilities.3
B. The administrative rules contained in the Louisiana Administrative4
Code promulgated by the Department of Children and Family Services which5
govern or are applicable to the programs and operations transferred from the6
Department of Children and Family Services to the Department of Education7
by this Act shall continue to be effective until the Board of Elementary and8
Secondary Education promulgates rules to implement the types of licenses9
required by R.S. 17:407.36.10
C. Upon promulgation by the State Board of Elementary and Secondary11
Education of rules to implement the three types of licenses:12
(1) All existing early learning centers possessing a Class B license shall13
be issued a Type I license as provided by rule, unless the center meets the14
definition of a Type II license, in which case it shall be issued a Type II license15
as provided by rule.16
(2) All existing early learning centers possessing a Class A license that17
meet the definition of a Type II license shall be issued a Type II license as18
provided by rule.19
(3) All existing early learning centers possessing a Class A license that20
meets the definition of a Type III license shall be issued a Type III license as21
provided by rule.22
D. Any early learning center that intends to change its license type at any23
time during the following calendar year shall apply for a new license no later24
than December first of the preceding year.  This Subsection shall not apply to25
early learning centers changing location or ownership that are required to apply26
for a new license.27
§407.39.  Licenses; application; temporary or provisional; fees28
A. Application for licensure of a new early learning center shall be made29 SB NO. 524
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by the center to the department using forms furnished by the department. Upon1
receipt of an application for a license and verification that minimum2
requirements for such license as established by rule are satisfied, and upon3
verifying that the center is in compliance with all applicable state and local laws4
and regulations, the department shall issue a Type I, Type II, or Type III license5
for such period as may be provided for by rule.6
B. The State Board of Elementary and Secondary Education may7
provide by rule for the issuance of temporary, provisional, or extended licenses8
for each license type if a disapproval has not been received from any state or9
local agency authorized by any laws or rules to inspect or approve such centers.10
C. A license of any type shall apply only to the location stated on the11
application, and such license, once issued, shall not be transferable from one12
person to another or from one location to another. If the location or ownership13
of the center is changed, then the license shall be automatically revoked.14
D. Each licensed center shall display its license in a prominent place at15
the center.16
E. There shall be an annual license fee for each type of early learning17
center in an amount equal to the annual license fee in effect for all Class A and18
Class B child care facilities possessing such license upon the effective date of this19
Section, without an increase in the amount of such fees.20
F. There shall be an annual license fee of twenty-five dollars for any21
license issued to an early learning center providing care for fifteen or fewer22
children; one hundred dollars for any license issued to an early learning center23
providing care for at least sixteen but no more than fifty children; one hundred24
seventy-five dollars for any license issued to an early learning center providing25
care for at least fifty-one but no more than one hundred children; and two26
hundred fifty dollars for any license issued to an early learning center providing27
care for more than one hundred children.28
G. The annual licensure fees provided in this Section shall not apply to29 SB NO. 524
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Type I early learning centers.1
H. Annual fees for any type or category of license shall not be increased2
unless expressly authorized by statute as provided in Article VII, Section 2.1 of3
the Constitution of Louisiana.4
§407.40.  Rules, regulations and standards for licenses5
A. The State Board of Elementary and Secondary Education shall6
promulgate regulations for each type of license which, at a minimum, shall7
accomplish all of the following:8
(1) Promote the health, safety, and welfare of children attending any9
early learning center.10
(2) Promote safe and proper physical facilities at all early learning11
centers.12
(3) Ensure adequate supervision of those attending early learning13
centers.14
(4) Ensure adequate and healthy food service in early learning centers15
where food is offered.16
(5) Prohibit discrimination on the basis of race, color, creed, sex, national17
origin, handicap, ancestry, or whether the child is being breastfed. However,18
nothing in this Paragraph shall be construed to affect, limit, or otherwise19
restrict the hiring or admission policies of an early learning center owned by a20
church or religious organization, or prohibit such a center from giving21
preference in hiring or admission to members of the church or denomination.22
(6) Include procedures for the receipt, recordation, and disposition of23
complaints.24
B.(1) Every early learning center approved for licensure by the25
department shall be required to have all of the following:26
(a) Approval from the Office of State Fire Marshal.27
(b) Approval from the Department of Health and Hospitals.28
(2) Each Type III early learning center shall also be required to obtain29 SB NO. 524
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approval from the department of adherence to the performance and academic1
standards of the Early Childhood Care and Education Network regarding2
kindergarten readiness as determined by the State Board of Elementary and3
Secondary Education. The department shall base its approval upon the uniform4
accountability system as promulgated by the State Board of Elementary and5
Secondary Education.6
C. The State Board of Elementary and Secondary Education shall7
conduct a comprehensive review of all standards, rules, and regulations for all8
licenses every three years.9
D. The State Board of Elementary and Secondary Education, upon10
request by the department, may waive compliance with a licensing minimum11
standard upon determination that the economic impact is sufficiently great to12
make compliance impractical, as long as the health and well-being of the staff13
or children is not imperiled. If it is determined that the early learning center is14
meeting or exceeding the intent of a standard or regulation, the standard or15
regulation may be deemed to be met.16
E. Nothing in the rules, regulations, and standards adopted pursuant to17
this Section shall authorize or require medical examination, immunization, or18
treatment of any child whose parents object to such examination, immunization,19
or treatment.20
§407.41. State Central Registry Disclosure Requirement21
A. No individual whose name is recorded on the state central registry22
within the Department of Children and Family Services as a perpetrator for a23
justified finding of abuse or neglect of a child shall own or operate a licensed24
early learning center or shall be hired by a licensed early learning center as an25
employee or volunteer of any kind, including any therapeutic professionals,26
extracurricular personnel, and other independent contractors, unless there is27
a finding by the Department of Children and Family Services that the28
individual does not pose a risk to children.29 SB NO. 524
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B. Any owner, operator, current or prospective employee, or volunteer1
of a licensed early learning center shall report annually, and at any time upon2
the request of the department, on the state central registry disclosure form3
promulgated by the Department of Children and Family Services, whether or4
not his name is currently recorded on the state central registry for a justified5
finding of abuse or neglect and he is the named perpetrator.6
C. Any such current or prospective employee or volunteer of a licensed7
early learning center shall submit the state central registry disclosure form to8
the owner or operator of the facility, who shall maintain the documents in9
accordance with current licensing requirements. Any state central registry10
disclosure form that is maintained in an early learning center licensing file shall11
be confidential and subject to the confidentiality provisions of R.S. 46:56(F)12
pertaining to the investigations of abuse and neglect.13
D. Any owner, operator, current or prospective employee, or volunteer14
of a licensed early learning center who knowingly falsifies the information on15
the state central registry disclosure form shall be guilty of a misdemeanor16
offense and shall be fined not more than five hundred dollars, or imprisoned for17
not more than six months, or both.18
E. Any owner, operator, current or prospective employee, or volunteer19
of a licensed early learning center who discloses that he is currently recorded20
on the state central registry for a justified finding of abuse or neglect shall be21
entitled to a risk assessment evaluation provided by the Department of Children22
and Family Services to determine whether the individual poses a risk to23
children. Any such individual who is determined to pose a risk to children shall24
have the right to file an appeal in accordance with R.S. 49:992 of the25
Administrative Procedure Act. Any such determination shall be kept on file at26
all times by the Department of Children and Family Services.27
§407.42.  Criminal History Review28
A. No person who has been convicted of or has pled nolo contendere to29 SB NO. 524
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a crime listed in R.S. 15:587.1(C) shall directly or indirectly own, operate, or1
participate in the governance of an early learning center, or shall be hired by2
any early learning center as a volunteer or employee of any kind, including any3
therapeutic professionals, extracurricular personnel, and other independent4
contractors, or shall be hired by the department in a position whose duties5
include the performance of licensing inspections in early learning centers.6
B.(1) The State Board of Elementary and Secondary Education shall7
establish by regulation, requirements and procedures consistent with the8
provisions of R.S. 15:587.1 under which:9
(a) The owner or operator of an early learning center may request10
information concerning whether or not any owner or volunteer, applicant, or11
employee of any kind including contractors, of an early learning center has been12
arrested for or convicted of or pled nolo contendere to any criminal offense.13
(b) The department may request information concerning whether or not14
an applicant or employee of the department in a position whose duties include15
the performance of licensing inspections has been arrested for or convicted of16
or pled nolo contendere to any criminal offense.17
(2) Included in this regulation shall be the requirement and the18
procedure for the submission of a person's fingerprints in a form acceptable to19
the Louisiana Bureau of Criminal Identification and Information prior to20
employment of such person. A person who has submitted his fingerprints to the21
Louisiana Bureau of Criminal Identification and Information may be22
temporarily hired pending the report from the bureau as to any convictions of23
or pleas of nolo contendere by the person to a crime listed in R.S. 15:587.1(C).24
§407.43.  Inspections25
It shall be the duty of the department, through its duly authorized26
agents, to inspect at regular intervals not to exceed one year, and as deemed27
necessary by the department, and without previous notice, all early learning28
centers subject to the provisions of this Part. The department shall also develop29 SB NO. 524
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and facilitate coordination with and among other authorized agencies making1
inspections at regular intervals. The early learning centers shall be open to2
inspection by authorized inspection personnel and by parents or legal3
custodians of children in care only during working hours.4
§407.44.  Denial, refusal to renew, or revocation of license; written notice5
The department shall have the power to deny, revoke, or refuse to renew6
a license for an early learning center if an applicant has failed to comply with7
the provisions of this Part or any applicable, published rule or regulation of the8
State Board of Elementary and Secondary Education relating to early learning9
centers. If a license is denied or revoked, or renewal is refused, the action shall10
be effective when made, and the department shall notify the applicant or11
licensee of such action in writing immediately, and of the reason for the denial12
or revocation, or refusal to renew the license.13
§407.45.  Denial, refusal to renew, or revocation of license; appeal procedure14
A. Upon the refusal of the department to grant or renew a license or15
upon the revocation of a license, the applicant or licensee having been refused16
a license or renewal, or having had a license revoked shall have the right to17
appeal such action to the division of administrative law by submitting a written18
request for an appeal to the department within thirty calendar days after19
receipt of the notification of the refusal to grant a license, or within fifteen20
calendar days after receipt of the notification of the refusal to renew or21
revocation. The department shall notify the division of administrative law22
within ten calendar days of receipt of a request for an appeal and the appeal23
hearing shall be held no later than thirty calendar days after such notice, with24
an administrative ruling no later than fifteen calendar days from the date of a25
hearing for revocation or refusal to renew a license, or within thirty days from26
the date of a hearing for the denial of a new license. This provision shall in no27
way preclude the right of the party to seek relief through mandamus suit28
against the department, as provided by law.29 SB NO. 524
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B. Notwithstanding any law, rule, regulation, or provision to the1
contrary, including but not limited to R.S. 49:964(A)(2), the department shall2
be entitled to seek judicial review from any final decision or order rendered by3
the division of administrative law in any appeal hearing arising under this Part.4
The venue of judicial review shall be the district court of the parish in which the5
licensee is located.6
§407.46.  Operating in violation of regulations; penalties and fines7
A. (1) For violations related to supervision, criminal history record8
checks, the state central registry disclosure form, staff-to-child ratios, motor9
vehicle checks, or failure to report critical incidents, the department may issue10
a written warning that includes a corrective action plan, in lieu of revocation,11
upon any person or entity violating these requirements if such condition or12
occurrence does not pose an imminent threat to the health, safety, rights, or13
welfare of a child. Failure to implement a corrective action plan issued pursuant14
to this Section may result in either the assessment of a civil fine or license15
revocation or may result in both actions being taken by the department. Such16
civil fine shall not exceed two hundred fifty dollars per day for each assessment;17
however, the aggregate fines assessed for violations determined in any18
consecutive twelve-month period shall not exceed two thousand dollars.19
(2) The State Board of Elementary and Secondary Education shall adopt20
rules in accordance with the Administrative Procedure Act that articulate21
factors in determining the type of sanction imposed including the severity of22
risk, the actual harm and mitigating circumstances, the failure to implement a23
written corrective action plan, the history of noncompliance, an explanation of24
the treatment of continuing and repeat deficiencies, evidence of a good faith25
effort to comply, and any other relevant factors. The authority to impose26
sanctions pursuant to this Section shall commence on the effective date of the27
rules promulgated pursuant to this Section.28
B. The State Board of Elementary and Secondary Education shall adopt29 SB NO. 524
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rules and regulations in accordance with the Administrative Procedure Act to1
provide for notice to the early learning center of any violation, for a2
departmental reconsideration process for sanctions issued, and for an appeal3
procedure including judicial review. Such appeal shall be suspensive. All4
appeals pursuant to this Subsection shall be heard by the division of5
administrative law pursuant to Chapter 13-B of Title 49 of the Louisiana6
Revised Statutes of 1950. The division shall furnish to the facility or agency a7
copy of the decision, together with notice of the manner for requesting judicial8
review. During the pendency of an appeal, an early learning center may9
continue to receive funding for services provided to those eligible children as10
determined by the department.11
C. The department may institute any necessary civil court action to12
collect fines imposed and not timely appealed. No child care facility shall claim13
imposed fines as reimbursable. Interest shall begin to accrue at the current14
judicial rate on the day following the date on which any fines become due and15
payable. All costs of any successful action to collect such fines, including travel16
expenses and reasonable attorney fees, shall be awarded to the department in17
addition to the fines.18
D.(1) Civil fines collected pursuant to the provisions of this Section shall19
be deposited immediately into the treasury.20
(2) After compliance with the requirements of Article VII, Section 9(B)21
of the Constitution of Louisiana relative to the Bond Security and Redemption22
Fund, and prior to the monies being placed in the state general fund, an amount23
equal to the amount deposited as provided in Paragraph (1) of this Subsection24
shall be credited to a special fund hereby created in the state treasury to be25
known as the "Early Learning Center Licensing Trust Fund", hereinafter26
referred to as "the fund". The monies in the fund shall be subject to annual27
appropriation and shall be available exclusively for use by the department for28
the education and training of employees, staff, or other personnel of child care29 SB NO. 524
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facilities.1
(3) The monies in the fund shall be invested by the treasurer in the same2
manner as the monies in the state general fund, and all interest earned from the3
investment of monies in the fund shall be deposited in and remain to the credit4
of the fund. All unexpended and unencumbered monies remaining in the fund5
at the end of the fiscal year shall remain in the fund.6
§407.47.  Complaints against centers7
It shall be the duty of the department, through its duly authorized8
agents, to report all complaints, including but not limited to complaints alleging9
child abuse or the prevention or spread of communicable diseases, against any10
early learning center to the appropriate agencies for investigation and11
disposition.12
§407.48.  Disclosure of center information13
A. The department shall make available, upon written request of a14
parent or legal custodian of any child who has applied for placement in an early15
learning center licensed by the department, the following information relative16
to such early learning center:17
(1) Any violations of standards, rules, or regulations in the prior twelve18
months.19
(2) Any waivers of minimum standards authorized for such early20
learning center.21
B. Requests may be sent by email, facsimile, or mail and shall include the22
name of each early learning center for which information is requested.23
C. Early learning centers shall make available to parents or legal24
custodians information on how to view or obtain copies of early learning center25
licensing inspections from the department's website.26
§407.49.  Parent-child relationship27
The State Board of Elementary and Secondary Education and the28
department shall not interfere with the parent-child relationship regarding the29 SB NO. 524
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religious training of a child, where all of the following conditions are met:1
(1) The parent or legal custodian has enrolled their child in a child care2
facility, including but not limited to a child residential facility, operated by a3
religious, nonprofit organization which is exempt from federal income taxes4
pursuant to 26 U.S.C. 501(c)(3).5
(2) Where, as a condition of enrollment, the child is required to attend6
religious services or classes and the parent or legal custodian of the child agrees7
to such condition.8
§407.50.  Immunization information; influenza9
A. Each licensed early learning center, before November first of each10
year, shall make available to each child's parent or legal custodian information11
relative to the risks associated with influenza and the availability, effectiveness,12
known contraindications and possible side effects of the influenza13
immunization. Such information shall include the causes and symptoms of14
influenza, the means by which influenza is spread, and the places where a15
parent or legal custodian may obtain additional information and where a child16
may be immunized against influenza. Such information shall be updated17
annually if new information on such disease is available.18
B. (1) The Department of Health and Hospitals shall develop and provide19
information on influenza immunization to the department. The department20
shall provide such information to each licensed early learning center, which21
shall make the information available to each child's parent or legal custodian22
pursuant to Subsection A of this Section.23
(2) The Department of Health and Hospitals and the department shall24
determine respectively the most cost-effective and efficient means of25
distributing such information.26
C. The department, in consultation with the Department of Health and27
Hospitals, shall establish by rules and regulations all guidelines and procedures28
for carrying out the provisions of this Section in accordance with the29 SB NO. 524
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Administrative Procedure Act.1
D. Nothing in this Section shall be construed to require any licensed early2
learning center, the department, or the Department of Health and Hospitals to3
provide or pay for immunizations against influenza.4
§407.51.  Advisory Council5
A. The board shall establish an Advisory Council on Early Childhood6
Care and Education that shall consist of the following members:7
(1) Two representatives of Type III early learning centers, selected by the8
state superintendent of education.9
(2) One representative of a Type II early learning center, selected by the10
state superintendent of education.11
(3) One representative of a Type I early learning center, selected by the12
state superintendent of education.13
(4) Two representatives of Head Start programs, one of which shall be14
operated by a local education agency and selected by the state board, and one15
of which shall be operated by a nonlocal education agency and selected by the16
state superintendent of education.17
(5) Two representatives of local education agencies operating publicly18
funded early childhood programs other than Head Start, selected by the state19
board.20
(6) Two representatives of Louisiana nonprofit advocacy organizations21
having a focus on early childhood education, selected by the state22
superintendent.23
(7) Two representatives of approved nonpublic schools with publicly24
funded early childhood care and education programs, selected by the state25
board.26
(8) One professional or faculty member having child development or27
early childhood education expertise from a Louisiana post-secondary education28
institution, selected by the commissioner of higher education.29 SB NO. 524
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(9) The president of the Louisiana Chapter of the American Academy of1
Pediatrics, or his designee.2
(10) One representative of an advocacy or service organization that3
focuses on serving children with disabilities, selected by the state4
superintendent.5
(11) One representative of a Louisiana business or community6
organization, selected by the state board.7
(12) One parent of a child currently enrolled in a publicly funded early8
learning center or prekindergarten program, selected by the state board.9
B. The council shall include nonvoting exofficio members who may10
advise and contribute to discussions pertaining to early childhood care and11
education, including but not limited to the following:12
(1) The chairmen of the House Committee on Education, Senate13
Committee on Education, House Committee on Health and Welfare, and Senate14
Committee on Health and Welfare, or their designee.15
(2) The secretary of the Department of Children and Family Services or16
his designee.17
(3) The state director of the Head Start Collaboration.18
(4) A representative of the state agency responsible for programs under19
Section 619 or Part C of the Individuals with Disabilities Education Act (2020
U.S.C. 1419, 1431 et seq.).21
(5) The director of the Maternal Child Health Program at the22
Department of Health and Hospitals.23
(6) The director of the Child and Adult Care Food Program at the24
Department of Education.25
(7) The Louisiana State Fire Marshal, or his designee.26
(8) A representative from the Office of Sanitarian Services at the27
Department of Health and Hospitals.28
(9) A representative from the Louisiana Workforce Commission.29 SB NO. 524
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(10) A representative from the Louisiana State Police Bureau of1
Criminal Identification.2
C. The council shall serve in an advisory capacity to the board and shall3
comply with the Open Meetings Law.4
D. The chair shall be elected by the voting members of the council.5
E. Council members shall not receive compensation or a per diem for6
their services or attendance at council meetings.7
F. The Department of Education shall provide staff support for the8
council, including but not limited to the scheduling of meetings, providing9
public notice of scheduled meetings, and including information about the10
council and its meeting minutes on its website. Council meeting minutes shall11
be provided to the state board at its next regularly scheduled meeting.12
G. The council shall meet at least quarterly, with the meetings to be13
called by the chair or the state superintendent as needed. The chair shall set the14
agenda.15
H. The council shall provide input and guidance to the board and the16
Department of Education on matters pertaining to the development and17
implementation of rules, regulations, bulletins, policies or standards related to18
all publicly funded early care and education programs, including early learning19
centers, enrollment in early learning centers, the Cecil J. Picard LA4 Early20
Childhood Program, the Child Care Development Fund Block Grant or the21
Child Care Assistance Program, Early Head Start and Head Start.22
I. Prior to its submission to the United States Department of Health and23
Human Services, the department shall consult and provide a draft of the state24
plan for the Child Care and Development Fund and its budget, and any25
amendments to the state plan including budget revisions, and provide an26
opportunity for the council to make recommendations. Recommendations27
made by the council shall be reported to the state board.28
J. Prior to the board’s consideration of any rule or standard related to29 SB NO. 524
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early learning centers, enrollment in early learning centers, the Cecil J. Picard1
LA4 Early Childhood Program, the Child Care and Development Fund Block2
Grant or the Child Care Assistance Program, the department shall consult with3
and provide a draft of the proposed rules to the council, and provide an4
opportunity for the council to make recommendations.  Recommendations5
made by the council shall be reported to the state board prior to their adoption.6
Nothing herein shall prevent the board from adopting an emergency rule7
pursuant to the Administrative Procedure Act.  The provisions of this8
Subsection shall not apply to the adoption of emergency rules.9
K. The department shall provide quarterly reports on the10
implementation and progress, activities and status of the Early Care and11
Education Network, including the creation and implementation of an12
accountability system for early care and education programs and the transition13
of the Child Care Development Block Grant and licensure to the Department14
of Education. Any recommendations by the council shall be reflected in meeting15
minutes.16
L. The department shall provide the council with reports not less than17
annually of the following activities, provided that data is available, pursuant to18
a schedule agreed upon by the chair and the state superintendent of education:19
(1) A description of each publicly funded early care and education20
program, including the eligibility criteria, the program requirements, average21
number of hours and days of the program, and the amount of total funding and22
source of funding for each program. The description shall also include a specific23
description of the fee structure for the Child Care Assistance Program.24
(2) The number of children served in each publicly funded early25
childhood care and education program in Louisiana, broken down by the age26
of the child and amount of public funding per child per program.27
(3) The number of early learning centers by each licensing type and at28
each quality level as determined by the accountability system then in place, and29 SB NO. 524
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the number of children served at each age in each type at each quality level.1
(4) Description of the training and support provided to each program2
and the amount of funding for this by program and source of funds.3
(5) Description of unmet family demand for early care and education in4
Louisiana.5
(6) Description of the goals for the upcoming fiscal year for early care6
and education in Louisiana, including outcome indicators that will be used to7
measure progress, and a description of the progress made in achieving the8
previous year’s goals.9
(7) Description and results of any evaluations of the early care and10
education programs in the state.11
(8) Description of the early care and education workforce, including an12
analysis of the status of the current early care and education workforce,13
including demographics, certifications and education levels, participation and14
level on any professional development ladder, and the participation in any15
teacher tax credits. The description shall also include information about16
salaries and benefits, and a comparison of these to similarly qualified employees17
in other but related fields, and an analysis of the workforce capacity necessary18
to meet the state’s early care and education needs.19
M. Any reports provided by the department and any council20
recommendations shall be including in meeting minutes.21
§407.52.  Coordination22
The Department of Education shall coordinate with the office of state fire23
marshal and the Department of Health and Hospitals to align standards for24
licensing of early learning centers with the standards for early childhood25
education programs.26
§407.53.  Rules27
The State Board of Elementary and Secondary Education shall28
promulgate rules and regulations in accordance with the provisions of the29 SB NO. 524
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Administrative Procedure Act to carry out the provisions of this Part.1
Section 3. Part X-C of Chapter 1 of Title 17 of the Louisiana Revised Statutes of2
1950, comprised of R.S. 17:407.61 through 407.72, and Part X-D of Chapter 1 of Title 173
of the Louisiana Revised Statues of 1950, comprised of R.S. 17:407.81 through 407.84, are4
hereby enacted to read as follows:5
PART X-C. Family Child Day Care Home Registration Law6
§407.61.  Short title7
This Part may be cited as the "Family Child Day Care Home8
Registration Law".9
§407.62. Definitions10
As used in this Part, the following definitions shall apply unless the11
context clearly states otherwise.12
(1) "Child" means a person who has not reached the age of eighteen13
years. The words "child" and "children" are used interchangeably in this Part.14
(2) "Child and Adult Care Food Program" means the federal nutrition15
reimbursement program as funded by the federal Department of Agriculture16
through the state Department of Education.17
(3) "Child Care and Development Fund" means the child care programs18
funded through the federal Child Care and Development Fund Block Grant Act19
and administered by the state Department of Education.20
(4) "Department" means the Department of Health and Hospitals or the21
Department of Education, as indicated by the context.22
(5) "Family child day care home" means any place, facility, or home23
operated by any institution, society, agency, corporation, person or persons, or24
any other group for the primary purpose of providing care, supervision, and/or25
guidance of six or fewer children.26
(6) "Relative" or "related" means the child, grandchild, niece or nephew27
of the primary child care provider in a family child day care home.28
§407.63.  Requirement for registration; exemptions29 SB NO. 524
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A. All family child day care homes that receive state or federal funds,1
directly or indirectly, shall be registered.2
B. Family child day care homes that do not receive state or federal funds,3
directly or indirectly, and individuals who provide care for only related family4
members, shall not be required to be registered.5
C. All family child day care homes shall be registered prior to receiving6
any state or federal funds, directly or indirectly.7
§407.64.  Rules and regulations; inspection requirements8
A. The Department of Health and Hospitals shall promulgate rules and9
regulations in accordance with the Administrative Procedure Act to carry out10
the provisions of this Part for all family child day care homes which receive11
state or federal funds except those family child day care homes which12
participate in the federal Child and Adult Care Food Program and/or the Child13
Care and Development Fund.14
B. The Department of Education shall promulgate rules and regulations15
in accordance with the Administrative Procedure Act to carry out the16
provisions of this Part for those family child day care homes that participate in17
the federal Child and Adult Care Food Program or the Child Care and18
Development Fund.19
C. A family child day care home shall be inspected and approved by the20
office of state fire marshal in accordance with the rules and regulations as21
established under Subsections A and B of this Section, developed in consultation22
with the office of state fire marshal.23
§407.65.  Inspections24
The Department of Education, through its duly authorized agents, shall25
reserve the right to visit and inspect registered family child day care homes as26
deemed necessary by the department. All family child day care homes shall be27
open to inspection by the department, parents, and by other authorized28
inspection personnel during normal working hours or when children are in29 SB NO. 524
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care.1
§407.66.  Fees2
A. (1) The office of state fire marshal shall have the authority to charge3
each family child day care home applying for registration or renewal of4
registration an annual fee for services. This fee shall be adopted in accordance5
with the Administrative Procedure Act.6
(2) A fee shall be charged to cover the cost of inspection for family child7
day care homes regulated by the Department of Education in accordance to R.S.8
17:407.64(B). The fee shall be set at thirty dollars per inspection and used for9
the sole purpose of employing personnel to perform such inspections.10
B. The office of state fire marshal shall transfer sufficient funds to the11
Department of Health and Hospitals or the Department of Education for those12
family child day care homes which receive state or federal funds but do not13
participate in the federal Child and Adult Care Food Program to carry out the14
registration process in accordance with this Part.15
§407.67.  Revocation or refusal to renew registration; written notice16
The authorized department shall have the authority to deny, revoke, or17
refuse to renew a registration of a registered family child day care home if an18
applicant has failed to comply with the provisions of this Part, any applicable19
published rule or regulation relating to registered family child day care homes,20
or any other state, federal, or local rule or regulation. If a registration is denied,21
revoked, or withdrawn, the action shall be effective when made and the family22
child day care home shall be notified in writing. This notice shall give the reason23
for denial, revocation, or withdrawal of the registration.24
§407.68.  Revocation or refusal of registration; appeal procedure25
Upon the refusal of the department to grant or renew a registration or26
upon the revocation of a registration, the family child day care home having27
been refused a registration or renewal or having had a registration revoked28
shall have the right to appeal such action to the division of administrative law29 SB NO. 524
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by submitting a written request for an appeal to the department within thirty1
calendar days after receipt of the notification of the refusal or revocation. The2
department shall notify the division of administrative law within ten calendar3
days of receipt of a request for an appeal and the appeal hearing shall be held4
no later than thirty calendar days after such notice, with an administrative5
ruling no later than thirty calendar days from the date of the hearing. This6
provision shall in no way preclude the right of the party to seek relief through7
mandamus suit against the department, as provided by law.8
§407.69. Operating without or in violation of registration; penalty; injunctive9
relief10
A. Whoever operates a family child day care home required to be11
registered under this Part without a valid registration issued by the department12
shall be fined not less than twenty-five dollars nor more than one hundred13
dollars. Each day of operation in violation of the requirements of this Part shall14
constitute a separate offense.15
B. The department may also file suit in the district court in the parish in16
which the family child day care home is located for injunctive relief, including17
a temporary restraining order, to restrain the family child day care home from18
continuing the violation.19
§407.70.  Notification of health and safety violations20
The department shall notify the appropriate agencies if it is determined21
that one or more violations exist within a family child day care home which22
place the health and well-being of a child or children in imminent danger.23
§407.71. Grounds for revocation or refusal to renew registration; criminal24
activities; lack of CPR or first aid training25
A. No family child day care home may have in its employ, or living in the26
home, any person who has been convicted of or pled nolo contendere to a crime27
listed in R.S. 15:587.1(C). The cost of any criminal background check which28
may be required by the department as proof of compliance with this Subsection29 SB NO. 524
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shall be the responsibility of the family child day care home.1
B. The primary child care provider of any family child day care home2
shall have documented current certification in either Infant/Child CPR or3
Infant/Child/Adult CPR.4
C. The department may deny, revoke, or refuse to renew any registration5
of a family child day care home which violates the provisions of this Section.6
D. The provisions of this Section shall not apply to a family child day7
care home in which the primary child care provider at such home is related to8
all the children receiving child care at such home.9
E. The provisions of this Section shall not apply to a family child day10
care home registered with the Department of Education solely for participation11
in the federal Child and Adult Care Food Program.12
§407.72.  Orientation13
A. All family child day care home providers receiving payments from the14
Department of Education shall be required to participate in a four-hour15
orientation. The orientation curriculum shall include but not be limited to the16
following subjects: record keeping; immunization schedules and requirements;17
recognizing signs of child abuse; child abuse prevention; communicating with18
parents; age appropriate activities for young children; child development; child19
safety; and nutritional needs of children. The orientation will count toward the20
required hours of professional development training mandated by the21
Department of Education.22
B. New family child day care home providers are required to provide23
proof of orientation participation within twelve months after beginning24
operation. New providers, at the time of application, are required to sign an25
agreement committing to attend the required orientation within twelve months.26
PART X-D. Early Learning Staff27
§407.81.  Legislative intent; declaration of policy28
It is the intent of the legislature to protect the health, safety, and well-29 SB NO. 524
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being of the children of the state who are in out-of-home care on a regular or1
consistent basis. To that end, it shall be the policy of the state to ensure2
protection of children in care by encouraging early learning staff to obtain3
certification through early childhood educational training programs.4
§407.82.  Definitions5
As used in this Part, the following definitions shall apply:6
(1) "Early learning staff" means a person employed as a full-time staff7
member in a licensed early learning center or a registered family child day care8
home.9
(2) "Department" means the Department of Education.10
§407.83.  Early learning staff; training11
Early learning staff who participate in an early childhood educational12
training program approved by the department may be eligible for a scholarship13
funded by the state. Such scholarship shall be awarded only if funds are14
appropriated by the federal government for such purpose.15
§407.84.  Departmental duties and responsibilities16
A. The department shall administer the provisions of this Part, and shall17
be responsible for all matters pertaining to establishing the scholarship amount18
and the method of payment to eligible early learning staff.19
B. The department shall develop guidelines and procedures to implement20
the provisions of this Part, and to establish the amount of scholarships. The21
guidelines for determining the scholarship amount may consider the number of22
training hours earned, the type of training selected, the cost of the training to23
early learning staff, the benefit of the training to the state and to the children24
served, and other points considered essential by the department.25
Section 4. R.S. 36:474(A)(11) and 477(B)(1) are hereby amended and reenacted to26
read as follows:27
§474. Powers and duties of the secretary of the Department of Children and Family28
Services29 SB NO. 524
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A. In addition to the functions, powers, and duties otherwise vested in the1
secretary by law, he shall:2
*         *          *3
(11) Except as provided in Subsection G of this Section, prepare and submit4
a state plan for participation in the Child Care and Development Block Grant5
Program until such authority is transferred to the state Department of6
Education in accordance with R.S. 17:407.26, and in the Title IV-A federal7
program to assist families at risk of welfare dependency.  The Joint Committee on8
Health and Welfare shall serve as an advisory committee to the secretary to begin9
developing the state plan.10
*          *          *11
§477.  Office; purposes and functions12
*          *          *13
B.(1) The office of children and family services shall perform the services of14
the state relating to public assistance programs to provide aid to dependent children15
and to adults, who due to age, disability, or infirmity, are unable to adequately meet16
their basic needs.  It shall also administer the food stamp program, child support17
programs, establishment of paternity programs, disaster relief grant programs for18
individuals and families, and such other programs as assigned by the secretary.  It19
shall also conduct disability and other client eligibility determinations, and may20
conduct medical assistance client eligibility determinations. The office is authorized21
to enter into interagency agreements with other state agencies to conduct eligibility22
determinations. The office shall provide for the public child welfare functions of the23
state including but not limited to prevention services which promote, facilitate, and24
support activities to prevent child abuse and neglect; child protective services;25
voluntary family strengthening and support services; making permanent plans for26
foster children and meeting their daily maintenance needs of food, shelter, clothing,27
necessary physical medical services, school supplies, and incidental personal needs;28
and adoption placement services for foster children freed for adoption. It shall also29 SB NO. 524
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perform the functions of the state relating to the licensing of child care facilities that1
do not receive federal funds under Title XIX of the Social Security Act and day care2
centers and agencies facilities regulated under Chapter 14 of Title 46 of the3
Louisiana Revised Statutes of 1950. The office shall issue and monitor domestic4
violence services contracts.5
*          *          *6
Section 5. R.S. 46:1401, 1402, 1402.1, 1403, 1404(A), 1405, 1406, 1407, 1414.1,7
1415, 1417, 1418(A), 1419, 1420(A), 1421, 1422, 1423, 1427, 1428, and 1430 are hereby8
amended and reenacted to read as follows:9
CHAPTER 14. CHILD CARE FACILITIES AND10
CHILD-PLACING AGENCIES LICENSING SPECIALIZED PROVIDERS11
§1401.  Short title12
This Chapter may be cited as the "Child Care Facility and Child-Placing13
Agency Specialized Provider Licensing Act."14
§1402.  Legislative intent; declaration of purpose and policy15
It is the intent of the legislature to protect the health, safety, and well-being16
of the children of the state who are in out-of-home care on a regular or consistent17
basis. Toward that end, it is the purpose of this Chapter to establish statewide18
minimum standards for the safety and well-being of children, to insure maintenance19
of these standards, and to regulate conditions in these facilities through a program20
of licensing. It shall be the policy of the state to insure protection of all individuals21
under care in child care facilities and placement agencies specialized providers and22
to encourage and assist in the improvement of programs. It is the further intent of the23
legislature that the freedom of religion of all citizens shall be inviolate. This Chapter24
shall not give the Department of Health and Hospitals or the Department of Children25
and Family Services jurisdiction or authority to regulate, control, supervise, or in any26
way be involved in the form, manner, or content of any curriculum or instruction of27
a school or facility specialized provider sponsored by a church or religious28
organization so long as the civil and human rights of the clients and residents are not29 SB NO. 524
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violated.1
§1402.1.  Licensing; prohibition of conflict of interest2
All licenses issued to child care facilities and child-placing facilities3
specialized providers pursuant to this Chapter shall specify that the facility shall not4
enter into any contract or engage in any activities in conflict with its duties to the5
mothers, fathers, and children that it is licensed to serve.6
§1403.  Definitions7
A. As used in this Chapter, the following definitions shall apply unless the8
context clearly states otherwise:9
(1) "Camp" means any place or facility operated by any institution, society,10
agency, corporation, person or persons, or any other group which serves only11
children five years of age or older and operates only when school is not in session12
during the summer months or school holidays, or both.13
(2) "Child" means a person who has not reached age eighteen or otherwise14
been legally emancipated. The words "child" and "children" are used interchangeably15
in this Chapter.16
(3) "Child day care center" means any place or facility operated by any17
institution, society, agency, corporation, person or persons, or any other group for18
the purpose of providing care, supervision, and guidance of seven or more children,19
not including those related to the caregiver, unaccompanied by parent or guardian,20
on a regular basis for at least twelve and one-half hours in a continuous seven-day21
week. If a child day care center provides transportation or arranges for transportation22
to and from the center, either directly or by contract with third parties, all hours23
during which a child is being transported shall be included in calculating the hours24
of operation. A child day care center that remains open for more than twelve and25
one-half hours in a continuous seven-day week, and in which no individual child26
remains for more than twenty-four hours in one continuous stay shall be known as27
a full-time child day care center. A child day care center that remains open after 9:0028
p.m. shall meet the appropriate regulations established for nighttime care.29 SB NO. 524
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(4)(2) "Child-placing agency" means any institution, society, agency,1
corporation, facility, person or persons, or any other group engaged in placing2
children in foster care or with substitute parents for temporary care or for adoption,3
or engaged in assisting or facilitating the adoption of children, or engaged in placing4
youth in transitional placing programs, but shall not mean a person who may5
occasionally refer children for temporary care.6
(5)(3) "Department" means the Department of Children and Family Services.7
(6) "Early childhood learning center" means any child day care center, Early8
Head Start grantee, Head Start grantee, or stand-alone prekindergarten or9
kindergarten program that is not attached to a school and that is licensed by the state.10
(7) "License category" means the category of license applied for or held,11
which shall include early childhood learning centers, maternity homes, residential12
homes, and child-placing agencies.13
(8)(4) "License type" means the type of license applied for or held by a14
specialized provider, which shall include Type I	, Type II, Type III, and Type IV15
licenses.16
(9)(5) "Maternity home" means any place or facility in which any institution,17
society, agency, corporation, person or persons, or any other group regularly receives18
and provides necessary services for children before, during, and immediately19
following birth. This definition shall not include any place or facility which receives20
and provides services for women who receive maternity care in the home of a21
relative within the sixth degree of kindred, computed according to civil law, or22
general or special hospitals in which maternity treatment and care is part of the23
medical services performed and the care of children only brief and incidental.24
(10)(6) "Related" or "relative" means a natural or adopted child or grandchild25
of the caregiver or a child in the legal custody of the caregiver.26
(11)(7) "Residential home" means any place, facility, or home operated by27
any institution, society, agency, corporation, person or persons, or any other group28
to provide full-time care, twenty-four hours per day, for more than four children who29 SB NO. 524
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are not related to the operators and whose parents or guardians are not residents of1
the same facility, with or without transfer of custody.2
(12) "School", as referred to in R.S. 46:1415, means any institution or facility3
which provides for education of children in grades one or above. Any kindergarten4
or prekindergarten attached thereto shall be considered part of that school.5
(13)(8) "Specialized provider" means a child-placing agency, maternity6
home, or residential home.7
(14)(9) "Type I license" means a license held by a 	child day care center or8
residential home that is owned or operated by a church or religious organization that9
does not wish to be licensed as a Type II, Type III, or Type IV center. Nothing herein10
shall be construed to require a children's religious ministry program operated by a11
church or other religious organization in accordance with R.S. 46:1429 to be licensed12
pursuant to this Chapter. "Type I license" also means a license held by a 	child day13
care center or residential home holding a Class B license prior to the effective date14
of this Section.15
(15) "Type II license" means the license held by a privately owned child day16
care center that either receives no state or federal funds from any source, whether17
directly or indirectly, or whose only source of state or federal funds is the federal18
food and nutrition program.19
(16) "Type III license" means the license held by any publicly or privately20
owned early childhood learning center which receives state or federal funds, directly21
or indirectly, from any source other than the federal food and nutrition program.22
Type III early childhood learning centers shall meet the performance and academic23
standards of the Early Childhood Care and Education Network regarding24
kindergarten readiness, as determined by the State Board of Elementary and25
Secondary Education.26
(17)(10) "Type IV license" means the license held by any publicly or27
privately owned specialized provider.28
(18)(11) "Youth" means a person not less than sixteen years of age nor older29 SB NO. 524
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than twenty-one years of age.1
B. For purposes of this Chapter "child care facility" shall include maternity2
homes, early childhood learning centers, and residential homes as defined in this3
Section.4
*          *          *5
§1404.  Requirement of licensure6
A. All early childhood learning centers and specialized providers, including7
facilities owned or operated by any governmental, profit, nonprofit, private, or8
church agency, shall be licensed. Child care facility Specialized provider licenses9
shall be of four two types: Type I , Type II, Type III, and Type IV.10
*          *          *11
§1405.  Transitional provisions12
A.(1) Until such time as rules are promulgated by the department to13
implement the types of licenses required by R.S. 46:1404, 	child care facilities and14
child-placing agencies specialized providers shall follow the rules, regulations, and15
standards in effect for Class A and Class B licensure.16
(2) The department shall create an early childhood learning working group17
to include one representative from Louisiana's Early Childhood Advisory Council,18
the Child Care Association of Louisiana, the Nonpublic School Council, the19
Louisiana Head Start Association, the Department of Children and Family Services,20
the Department of Education, the Children's Cabinet, and the office of the governor.21
Such working group shall include participants having expertise in care of infants and22
toddlers, pediatric health, pediatric mental health, cognitive development, and social23
emotional development. The department shall seek input from the working group in24
the development of the rules and regulations establishing Type I, Type II, and Type25
III licenses and shall submit the proposed rules and regulations pursuant to this26
Section to the working group for approval. Such working group shall forward the27
proposed rules and regulations to the Children's Defense Fund, the Louisiana28
Association for the Education of Young Children, and Louisiana Partnership for29 SB NO. 524
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Children and Families no later than November 1, 2013, for review and comment. The1
working group shall be dissolved on the effective date of any provision of law which2
transfers statutory authority for licensing of child day care centers from the3
Department of Children and Family Services to the Department of Education.4
B. All existing child day care centers or residential homes possessing a Class5
B license shall be issued a Type I license as provided by rule.6
C.(1) All child day care centers that meet the definition for a Type II license7
pursuant to this Chapter shall be issued a Type II license as provided by rule.8
(2) Any child day care center possessing a Class A license on January 1, 20149
that meets the definition of a Type II license pursuant to this Chapter shall be issued10
a Type II license as provided by rule.11
D. All existing early childhood learning centers that meet the definition for12
a Type III license pursuant to this Chapter shall be issued a Type III license as13
provided by rule.14
E.(1) C. All existing child placing agencies, maternity homes, and residential15
homes that meet the definition for a Type IV license pursuant to this Chapter shall16
be issued a Type IV license as provided by rule.17
(2) Any maternity home, residential home, or child-placing agency18
possessing a Class A license on January 1, 2014 that meets the definition of a Type19
IV license pursuant to this Chapter shall be issued a Type IV license.20
F. Any early childhood learning center that requests to change its license type21
for the following year shall apply to the department no later than December first of22
the preceding year. This Subsection shall not apply to early childhood learning23
centers changing location or ownership that are required to apply for a new license24
pursuant to R.S. 46:1406(C).25
D. The Department of Education shall maintain on its website all the26
information that is required by state and federal funding sources and is easily27
accessible to the public, including but not limited to program statistics for the28
Child Care Assistance Program that includes monthly and year end fiscal year29 SB NO. 524
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totals of the number of children and amount of benefits of the current year and1
previous statistics as of 2004, monthly statistics of number of children and2
amount of benefits by parish, applications processed by parish, unduplicated3
count of paid providers by month, redeterminations, and cases by parish and4
fiscal year. The department shall also include information on each licensed5
facility for the last fifteen visits, including licensed capacity, license type and6
current rating.7
§1406.  Licenses; application; temporary or provisional; fees8
A. Application for licensure of a new child care facility or specialized9
provider shall be made by the child care facility or specialized provider to the10
department upon forms furnished by the department. Upon receipt of the application11
for a license and verification that minimum requirements for such license as12
established by rule are satisfied, and that the facility or agency specialized provider13
is in compliance with all other state and local laws and regulations, the department14
shall issue a Type I, Type II, Type III, or Type IV license for the appropriate license15
category for such period as may be provided for by rule.16
B. The department may provide through the promulgation of rules for the17
issuance of temporary, provisional, or extended licenses for each license category18
and type if a disapproval has not been received from any other state or local agency19
authorized by any other laws or rules to inspect such facilities or agencies20
specialized providers.21
C. A license of any type or category shall apply only to the location stated on22
the application, and such license, once issued, shall not be transferable from one23
person to another or from one location to another. If the location or ownership of the24
facility specialized provider is changed, then the license shall be automatically25
revoked. A new application form shall be completed prior to all license renewals.26
D. Each licensed facility specialized provider shall display its license in a27
prominent place at the facility, except that a facility specialized provider operated28
by a church or religious organization may be exempt from such requirement,29 SB NO. 524
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provided the license is available upon request.1
E. There shall be an annual license fee for each type of early childhood2
learning center and specialized provider in an amount equal to the annual license fee3
in effect for all Class A and Class B child care facilities and child-placing agencies4
specialized providers possessing such license on January 1, 2014, without an5
increase in the amount of such fees.6
F. There shall be an annual license fee of twenty-five dollars for any license7
issued to an early childhood learning center providing care for fifteen or fewer8
children; one hundred dollars for any license issued to an early childhood learning9
center providing care for at least sixteen but no more than fifty children; one hundred10
seventy-five dollars for any license issued to an early childhood learning center11
providing care for at least fifty-one but no more than one hundred children; and two12
hundred fifty dollars for any license issued to an early childhood learning center13
providing care for more than one hundred children.14
G. There shall be an annual license fee of one hundred dollars for any license15
issued to a residential home providing care for six or less children; two hundred16
dollars for any license issued to a residential facility providing care for at least seven17
but no more than fifteen children; and three hundred dollars for any license issued18
to a residential facility providing care for sixteen or more children.19
H. F. There shall be an annual license fee of fifty dollars for any license20
issued to a child-placing agency or maternity home.21
I. G. The fees provided for in this Section shall not apply to any Type I child22
day care center specialized provider owned or operated by a church or religious23
organization.24
J. H. Annual fees for any type or category of license shall not be increased25
unless expressly authorized by statute as provided in Article VII, § Section 2.1 of the26
Constitution of Louisiana.27
§1407.  Rules, regulations, and standards for licenses28
A. The department shall promulgate regulations for each category and type29 SB NO. 524
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of license to carry out the provisions of this Chapter in accordance with the1
provisions of the Administrative Procedure Act. The department shall seek input and2
guidance from the Louisiana Advisory Council on Child Care and Early Education3
concerning the proposed rules and regulations for approval of Type I, Type II, and4
Type III facilities for licensure in accordance with the Administrative Procedure Act.5
B.(1) The regulations developed by the department, at a minimum, shall6
accomplish all of the following:7
(a) Promote the health, safety, and welfare of children attending any facility8
specialized provider.9
(b) Promote safe, comfortable, and proper physical facilities of specialized10
providers.11
(c) Ensure adequate supervision of those attending facilities specialized12
providers by capable, qualified, and healthy personnel.13
(d) Ensure adequate and healthy food service in 	facilities specialized14
providers where food is offered.15
(e) Prohibit discrimination by early childhood learning centers and16
specialized providers on the basis of race, color, creed, sex, national origin, handicap,17
ancestry, or whether the child is being breastfed. However, nothing in this18
Subparagraph shall be construed to affect, limit, or otherwise restrict any of the19
following:20
(i) The hiring or admission policies of a licensed child day care center21
specialized provider owned by a church or religious organization, which may give22
preference in hiring or admission to members of the church or denomination.23
(ii) The rights of religious sectarian child-placing agencies to consider creed24
in any decision or action relating to foster care or adoption.25
(f) Require residential home and maternity home providers to have a26
written description of admission policies and criteria which expresses the needs,27
problems, situations, or patterns best addressed by its program. These policies shall28
be available to the person legally responsible for any child referred for placement.29 SB NO. 524
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(g) Include procedures by which parents and guardians are given an1
opportunity for consultation and information about the educational and therapeutic2
programs for the child in attendance.3
(h) Include regulations and standards for nighttime care.4
(i) Include procedures for the receipt, recordation, and disposition of5
complaints.6
(j) Include procedures for the return of a child to his parent. Arrangements7
for the child's return to his parent shall not include third parties or other child care8
agencies unless written agreement between the child care agency and the parent is9
on file with the child care agency.10
(k) Include procedures that allow an early childhood learning center to11
remedy certain deficiencies immediately upon identification by the department in an12
onsite inspection, provided that any deficiency that may be remedied in such manner13
does not constitute a critical violation of licensing standards as determined by the14
department.15
(2)(a) Any entity specialized provider approved by the department shall be16
required to have all of the following:17
(i)(a) Approval from the Department of Public Safety and Corrections, office18
of the state fire marshal, code enforcement and building safety.19
(ii)(b) Approval from the Department of Health and Hospitals, office of20
public health.21
(b) Type III early childhood learning centers shall adhere to the performance22
and academic standards of the Early Childhood Care and Education Network23
regarding kindergarten readiness as determined by the State Board of Elementary24
and Secondary Education. The Department of Education shall base its approval upon25
the uniform accountability system.26
(3) No facility residential home provider holding a Type I license shall27
receive any state or federal funds, from any source, whether directly or indirectly.28
If a facility residential home provider holding a Type I license receives any state29 SB NO. 524
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or federal funds, its license shall be automatically revoked.1
(4) No facility holding a Type II license shall receive any state or federal2
funds, from any source, whether directly or indirectly, other than those received3
solely for food and nutrition. If a facility holding a Type II license receives any state4
or federal funds, whether directly or indirectly, other than those received solely for5
food and nutrition, its license shall be automatically revoked.6
C. The department shall prepare standard forms for applications and for7
inspection reports.8
D. A comprehensive review of all standards, rules, and regulations for all9
licenses shall be made at least every three years by the department.10
E. The secretary of the department, in specific instances, may waive11
compliance with a minimum standard upon determination that the economic impact12
is sufficiently great to make compliance impractical, as long as the health and well-13
being of the staff or children is not imperiled. If it is determined that the facility14
specialized provider or agency is meeting or exceeding the intent of a standard or15
regulation, the standard or regulation may be deemed to be met.16
F. Discrimination by child care facilities specialized providers and child-17
placing agencies on the basis of race, color, creed, sex, national origin, disability as18
defined by R.S. 51:2232(11), ancestry, or whether the child is being breastfed is19
prohibited. However, this shall not restrict the hiring or admission policies of a20
church or religious organization, which may give preference in hiring or admission21
to members of the church or denomination.22
G. The department shall not regulate or attempt to regulate or control the23
religious or spiritual content of the curriculum of a school or facility specialized24
provider sponsored by a church or religious organization.25
H. Nothing in the rules, regulations, and standards adopted pursuant to this26
Section shall authorize or require medical examination, immunization, or treatment27
of any child whose parents object to such examination, immunization, or treatment28
on religious grounds.29 SB NO. 524
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I. Each residential home and maternity home facility shall have a written1
discipline policy, which shall be made available to parents and to authorized2
inspection personnel upon request.3
*          *          *4
§1414.1.  Disclosure requirements; penalties5
A. Any owner, operator, current or prospective employee, or volunteer of a6
child care facility specialized provider licensed by the Department of Children and7
Family Services shall report annually and at any time upon the request of the8
department on the state central registry disclosure form promulgated by the9
department whether or not his name is currently recorded on the state central registry10
for a justified finding of abuse or neglect and he is the named perpetrator.11
B. Any such current or prospective employee or volunteer of a child care12
facility specialized provider licensed by the department shall submit the state13
central registry disclosure form to the owner or operator of the facility specialized14
provider, who shall maintain the documents in accordance with current department15
licensing requirements. Any state central registry disclosure form that is maintained16
in a child care facility by a special provider licensing file shall be confidential and17
subject to the confidentiality provisions of R.S. 46:56(F) pertaining to the18
investigations of abuse and neglect.19
C. Any owner, operator, current or prospective employee, or volunteer of a20
child care facility specialized provider licensed by the department who knowingly21
falsifies the information on the state central registry disclosure form shall be guilty22
of a misdemeanor offense and shall be fined not more than five hundred dollars, or23
imprisoned for not more than six months, or both.24
D. Any owner, operator, current or prospective employee, or volunteer of a25
child care facility specialized provider licensed by the department who discloses26
that he is currently recorded on the state central registry for a justified finding of27
abuse or neglect shall be entitled to a risk assessment evaluation provided by the28
department to determine that the individual does not pose a risk to children. Any29 SB NO. 524
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such individual who is determined to pose a risk to children shall have the right to1
file an appeal in accordance with R.S. 49:992 of the Administrative Procedure Act.2
Any such determination by the risk evaluation panel shall be kept on file at all times3
by the department.4
E. The department shall promulgate rules and regulations to implement this5
Section. The rules and regulations shall include but not be limited to establishing6
criteria for risk evaluation requests, the composition of the risk evaluation panel, and7
establishing criteria for risk evaluation determinations.8
§1415.  Facilities and agencies subject to regulation; exemptions9
A. All early childhood learning centers and specialized providers shall be10
subject to the provisions of this Chapter. However, private or public day schools11
serving children in grades one and above, including any kindergartens or12
prekindergarten programs attached thereto, as well as camps, and all care given13
without charge, shall be exempt from such provisions.14
B. Nothing in this Chapter shall apply to facilities licensed by the Department15
of Health and Hospitals or the Department of Education.16
*          *          *17
§1417.  Inspections18
It shall be the duty of the department, through its duly authorized agents, to19
inspect at regular intervals not to exceed one year, or as deemed necessary by the20
department, and without previous notice all child care facilities and child-placing21
agencies specialized providers subject to the provisions of this Chapter. The22
department shall also develop and facilitate coordination with and among other23
authorized agencies making inspections at regular intervals. The facility A24
specialized provider shall be open to inspection only during working hours by25
parents or legal guardians of children in care and by authorized inspection personnel.26
§1418.  Complaints27
A. It shall be the duty of the department, through its duly authorized agents,28
to investigate all complaints (except complaints concerning the prevention or spread29 SB NO. 524
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of communicable diseases), including complaints alleging child abuse, against any1
child care facility or child-placing agency specialized provider as defined in this2
Chapter. The department may take such action as is authorized by this Chapter. Any3
complaint received concerning the prevention or spread of communicable diseases4
shall be immediately referred to the state health officer through the nearest parish5
health unit for investigation and disposition.6
*          *          *7
§1419.  Revocation or refusal to renew license; written notice8
The department shall have the power to deny, revoke, or refuse to renew a9
license for a child care facility or specialized provider if an applicant has failed to10
comply with the provisions of this Chapter or any applicable, published rule or11
regulation of the department relating to child care facilities and specialized12
providers. If a license is denied, revoked, or withdrawn, the action shall be effective13
when made and the department shall notify the applicant, licensee, or specialized14
provider of such action in writing immediately and of the reason for the denial,15
revocation, or withdrawal of the license.16
§1420.  Refusal or revocation of license; appeal procedure17
A. Upon the refusal of the department to grant a license or upon the18
revocation of a license, the agency, institution, society, corporation, person or19
persons, or other group having been refused a license or having had a license20
revoked shall have the right to appeal such action by submitting a written request to21
the secretary of the department within thirty days after receipt of the notification in22
the case of the refusal of the license or, in the case of revocation, within fifteen23
calendar days after receipt of the notification of the revocation. The appeal hearings24
shall be held no later than thirty days after the request therefor, except as provided25
in the Administrative Procedure Act, and shall be conducted in accordance with26
applicable regulations of the department and the provisions of R.S. 46:107. This27
provision shall in no way preclude the right of the party to seek relief through28
mandamus suit against the department, as provided by law.29 SB NO. 524
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*          *          *1
§1421.  Operating without or in violation of license; penalty2
Whoever operates any child care facility or as a specialized provider, as3
defined in R.S. 46:1403, without a valid license issued by the department shall be4
fined not less than one thousand dollars per day for each day of such offense.5
§1422.  Operating without or in violation of license; injunctive relief6
If any child care facility or specialized provider operates without a valid7
license issued by the department, the department may file suit in the district court in8
the parish in which the facility specialized provider is located for injunctive relief,9
including a temporary restraining order, to restrain the institution, society, agency,10
corporation, person or persons, or any other group operating the facility specialized11
provider or agency from continuing the violation. The state health officer shall have12
exclusive authority over all matters involving the prevention or spread of13
communicable diseases within a child care facility or specialized provider.14
§1423.  Removal of individuals from facility15
The department shall remove any child or all children from any 	facility or16
agency specialized provider when it is determined that one or more violations exist17
within the facility specialized provider or agency which places the health and well-18
being of the child or children in imminent danger; provided, however, that a19
contradictory hearing shall be held within seven days thereafter by the district court20
of the district to determine whether the action was justified and whether and how21
long it shall continue.22
*          *          *23
§1427.  Parent-child relationship24
The Department of Children and Family Services shall not interfere with the25
parent-child relationship regarding the religious training of a child, where all of the26
following conditions are met:27
(1) The parent or legal guardian has enrolled their child in a child care facility28
specialized provider, including but not limited to a child residential facility,29 SB NO. 524
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operated by a religious, nonprofit organization which is exempt from federal income1
taxes pursuant to 26 U.S.C. 501(c)(3).2
(2) Where, as a condition of enrollment, the child is required to attend3
religious services or classes and the parent or guardian of the child agrees to such4
condition.5
§1428.  Immunization information; influenza6
A. Each licensed child care facility specialized provider of child placing7
agency, before November first of each year, shall make available to each child's8
parent or legal guardian information relative to the risks associated with influenza9
and the availability, effectiveness, known contraindications, and possible side effects10
of the influenza immunization. Such information shall include the causes and11
symptoms of influenza, the means by which influenza is spread, and the places12
where a parent or legal guardian may obtain additional information and where a child13
may be immunized against influenza. Such information shall be updated annually if14
new information on such disease is available.15
B.(1) The Department of Health and Hospitals shall develop and provide16
information on influenza immunization to the Department of Children and Family17
Services. The Department of Children and Family Services shall provide such18
information to each licensed child care facility specialized provider or child19
placing agency, which shall make the information available to each child's parent20
or legal guardian pursuant to Subsection A of this Section.21
(2) The Department of Health and Hospitals and the Department of Children22
and Family Services shall determine respectively the most cost-effective and23
efficient means of distributing such information.24
C. The Department of Children and Family Services, in consultation with the25
Department of Health and Hospitals, shall establish by rules and regulations all26
guidelines and procedures for carrying out the provisions of this Section in27
accordance with the Administrative Procedure Act.28
D. Nothing in this Section shall be construed to require any 	licensed child29 SB NO. 524
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care facility specialized provider or child placing agency, the Department of1
Children and Family Services, or the Department of Health and Hospitals to provide2
or pay for immunizations against influenza.3
*          *          *4
§1430.  Operating in violation of regulations; penalties and fines5
A.(1) For violations related to supervision, criminal history record checks,6
the state central registry disclosure process, staff-to-child ratios, motor vehicle7
checks, or failure to report critical incidents, the Department of Children and Family8
Services may issue a written warning that includes a corrective action plan, in lieu9
of revocation, upon any person or entity specialized provider violating these10
requirements if such condition or occurrence does not pose an imminent threat to the11
health, safety, rights, or welfare of a child. Failure to implement a corrective action12
plan issued pursuant to this Section may result in either the assessment of a civil fine13
or license revocation or may result in both actions being taken by the department.14
Such civil fine shall not exceed two hundred fifty dollars per day for each15
assessment; however, the aggregate fines assessed for violations determined in any16
consecutive twelve-month period shall not exceed two thousand dollars.17
(2) The department shall adopt rules in accordance with the Administrative18
Procedure Act which articulate factors in determining the type of sanction imposed19
including the severity of risk, the actual harm and mitigating circumstances, the20
failure to implement a written corrective action plan, the history of noncompliance,21
an explanation of the treatment of continuing and repeat deficiencies, evidence of a22
good faith effort to comply, and any other relevant factors. 	The department shall23
develop and adopt rules and regulations required by this Paragraph with input and24
guidance from the Louisiana Advisory Council on Child Care and Early Education.25
The authority to impose sanctions pursuant to this Section shall commence on the26
effective date of the rules promulgated pursuant to this Section.27
B. The department shall adopt rules and regulations in accordance with the28
Administrative Procedure Act to provide for notice to the child care facility29 SB NO. 524
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specialized provider or child-placing agency of any violation, for a departmental1
reconsideration process for sanctions issued, and for an appeal procedure including2
judicial review. Such appeal shall be suspensive. All appeals pursuant to this3
Subsection shall be heard by the division of administrative law pursuant to Chapter4
13-B of Title 49 of the Louisiana Revised Statutes of 1950. The division shall furnish5
to the facility or agency a copy of the decision, together with notice of the manner6
for requesting judicial review. During the pendency of an appeal, a child care facility7
specialized provider or child-placing agency may continue to receive funding for8
services provided to those eligible children as determined by the department.9
C. The department may institute any necessary civil court action to collect10
fines imposed and not timely appealed. No child care facility specialized provider11
or child-placing agency shall claim imposed fines as reimbursable. Interest shall12
begin to accrue at the current judicial rate on the day following the date on which any13
fines become due and payable. All costs of any successful action to collect such14
fines, including travel expenses and reasonable attorney fees, shall be awarded to the15
department in addition to the fines.16
D.(1) Civil fines collected pursuant to the provisions of this Section shall be17
deposited immediately into the state treasury.18
(2) After compliance with the requirements of Article VII, Section 9(B) of19
the Constitution of Louisiana relative to the Bond Security and Redemption Fund,20
and prior to the monies being placed in the state general fund, an amount equal to the21
amount deposited as provided in Paragraph (1) of this Subsection shall be credited22
to a special fund hereby created in the state treasury to be known as the "Child Care23
Specialized Provider Licensing Trust Fund", hereinafter referred to as "the fund".24
The monies in the fund shall be subject to annual appropriation and shall be available25
exclusively for use by the Department of Children and Family Services for the26
education and training of employees, staff, or other personnel of child care facilities27
specialized provider and child-placing agencies.28
(3) The monies in the fund shall be invested by the treasurer in the same29 SB NO. 524
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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 credit of the2
fund. All unexpended and unencumbered monies remaining in the fund at the end of3
the fiscal year shall remain in the fund.4
Section 6. R.S. 46:1414, 1426, 1429, and 1445 through 1448 are hereby repealed.5
Section 7. Sections 1, 2, 4, 5, 6, and 7 of this Act shall become effective on October6
1, 2014.  Section 3 of this Act shall become effective on February 1, 2015.7
The original instrument was prepared by Alan Miller. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Martha Hess.
DIGEST
Walsworth (SB 524)
Proposed law (R.S.17:407.26) provides that upon transfer of lead agency authority from the
state Department of Children and Family Services (DCFS), the Department of Education
(DOE) is authorized 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.
Proposed law provides that prior to the transfer of lead agency authority, the DCFS shall
seek input and approval from DOE in the development of the Child Care and Development
Fund state plan or any amendment to such plan, prior to its submittal to the federal
Department of Health and Human Services. Requires that prior to the transfer of lead agency
authority, the DCFS and DOE shall enter into a cooperative endeavor agreement to insure
a coordinated and seamless transition that is cost neutral to the state.
Proposed law requires the cooperative endeavor agreement to ensure the transfer of funds
from the DOE to the DCFS in an amount sufficient to fully fund the indirect costs of the
DCFS which were previously funded by the Child Care Development Fund, until such time
as another funding source is identified by DCFS to pay for those indirect costs. The
cooperative endeavor agreement may also allow services to be purchased by DOE including
but not limited to fulfilling grant requirements, data reporting, and services to clients.
Proposed law provides that lead agency authority shall transfer no later than July 1, 2015 and
that such date shall be established in the cooperative endeavor agreement. Provides that the
cooperative endeavor agreement shall be subject to the review and approval of the Joint
Legislative Committee on the Budget.
Proposed law requires DOE to deposit all such funds received from the federal government
with the state treasurer who shall, subject to legislative appropriation, make disbursements
upon the recommendation 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. SB NO. 524
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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 Type I license is
also the type of license issued to an early learning center holding a "Class B" license
prior to the effective date of proposed law.
(a)No early learning center holding a Type I license shall receive any state or
federal funds, from any source, whether directly or indirectly.
(b)If an early learning center holding a Type I license receives any state or
federal funds, its license shall be automatically revoked.
(2)A "Type II license" is the type of license issued to an early learning center that either
receives no state or federal funds from any source, whether directly or indirectly, or
whose only source of state or federal funds is from the United States Department of
Agriculture's food and nutrition programs, hereinafter referred to in this Part as
"federal food and nutrition programs".
(a)No early learning center holding a Type II license shall receive any state or
federal funds, from any source, whether directly or indirectly, other than
those funds received solely for federal food and nutrition programs.
(b)If an early learning center holding a Type II license receives any state or
federal funds, whether directly or indirectly, other than those received solely
for federal food and nutrition programs, its license shall be automatically
revoked.
(3)A "Type III license" is the type of license issued to any early learning center which
receives state or federal funds, directly or indirectly, from any source other than the
federal food and nutrition programs. Type III early learning centers shall meet the
performance and academic standards of the Early Childhood Care and Education
Network regarding kindergarten readiness as determined by the State Board of
Elementary and Secondary Education.
Proposed law 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. SB NO. 524
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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.
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. SB NO. 524
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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
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 SB NO. 524
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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
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 SB NO. 524
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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
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. SB NO. 524
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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 representatives of Type III early learning centers, selected by the
superintendent.
(2)One representative of a Type II early learning center, selected by the superintendent.
(3)One representative of a 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.
(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. SB NO. 524
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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,
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 is 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. SB NO. 524
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(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
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 SB NO. 524
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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
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.
Provisions of proposed law pertaining to DOE's authority to receive federal funds for the
Child Care and Development Fund programs, licensing of early learning centers,
certification of early learning staff, the powers and duties of DCFS, and licensing specialized SB NO. 524
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providers, are effective October 1, 2014. Provisions of proposed law pertaining to family
child day care home registration are effective on February 1, 2015.
(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 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 publicly 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.
Committee Amendments Proposed by Senate Committee on Finance to the
engrossed bill
1. Clarifies that disbursements of Child Care and Development Funds received
from the federal government are subject to legislative appropriation upon the
recommendation of DOE, after transfer of lead agency authority from DCFS
to DOE.
2. Provides that prior to the transfer of lead agency authority, DCFS shall seek
input and approval from DOE in the development of the Child Care and
Development Fund state plan or amendments to such plan, prior to its
submittal to the federal Department of Health and Human Services.
3. Provides for DCFS and DOE to enter into a cooperative endeavor agreement
regarding transition of lead agency authority that is cost neutral to the state
and provides for the transfer of funds from DOE to DCFS in an amount to
fully fund the indirect costs of DCFS which were previously funded by the
Child Care Development Fund, until another funding source is identified by
DCFS.
4. Provides that lead agency authority shall transfer no later than July 1, 2015,
and that date shall be established in cooperative endeavor agreement. SB NO. 524
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5. Provides that the cooperative endeavor agreement shall be subject to the
review and approval of the Joint Legislative Committee on the Budget.
6. Changes effective date of various sections of proposed law.