RDCSB524 362 5648
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Walsworth SB No. 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.
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. RDCSB524 362 5648
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(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.
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. RDCSB524 362 5648
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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 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 (R.S. 17:407.39) requires that an application for licensure of a new early
learning center be made by the center to the DOE using forms furnished by DOE. Upon
receipt of an application for a license and verification that minimum requirements for such
license as established by rule are satisfied, and upon verifying that the center is in
compliance with all applicable state and local laws and regulations, DOE shall issue a Type
I, Type II, or Type III license for such period as may be provided for by rule. Further
authorizes BESE to provide by rule for the issuance of temporary, provisional, or extended
licenses for each license type if a disapproval has not been received from any state or local
agency authorized by any laws or rules to inspect or approve such centers.
Proposed law requires that a license of any type shall apply only to the location stated on the
application, and such license shall not be transferable. If the location or ownership of the
center is changed, then the license shall be automatically revoked. Further requires that the
license be displayed in a prominent place at the center.
Proposed law sets an annual license fee for each type of early learning center in an amount
equal to the annual license fee in effect for all Class A and Class B child care facilities
possessing such license upon the effective date of proposed law, without an increase in the
amount of such fees.
Proposed law provides for an annual license fee of:
(1)$25 for any license issued to an early learning center providing care for 15 or fewer
children;
(2)$100 for any license issued to an early learning center providing care for at least 16
but no more than 50 children;
(3)$175 for any license issued to an early learning center providing care for at least 51
but no more than 100 children; and
(4)$250 for any license issued to an early learning center providing care for more than
100 children.
Further provides that the annual licensure fees provided in this proposed law shall not apply
to Type I early learning centers. Further provides that the annual fees for any type or
category of license shall not be increased unless expressly authorized by statute.
Proposed law (R.S. 17:407.40) requires BESE to promulgate regulations for each type of
license which, at a minimum, shall accomplish all of the following:
(1)Promote the health, safety, and welfare of children attending any early learning
center.
(2)Promote safe and proper physical facilities at all early learning centers.
(3)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 RDCSB524 362 5648
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of an early learning center owned by a church or religious organization, or prohibit
such a center from giving preference in hiring or admission to members of the church
or denomination.
(6)Include procedures for the receipt, recordation, and disposition of complaints.
Proposed law requires that every early learning center approved for licensure by DOE be
required to have approval from the Office of State Fire Marshal (OSFM) and DHH.
Proposed law requires that each Type III early learning center obtain approval from DOE
of adherence to the performance and academic standards of the Early Childhood Care and
Education Network regarding kindergarten readiness as determined by BESE. DOE shall
base its approval upon the uniform accountability system as promulgated by BESE. Further
requires that BESE conduct a comprehensive review of all standards, rules, and regulations
for all licenses every three years. Provides that BESE, upon request by DOE, may waive
compliance with a licensing minimum standard upon determination that the economic
impact is sufficiently great to make compliance impractical, as long as the health and
well-being of the staff or children is not imperiled. If it is determined that the early learning
center is meeting or exceeding the intent of a standard or regulation, the standard or
regulation may be deemed to be met.
Proposed law (R.S. 17:407.41) prohibits any individual whose name is recorded on the state
central registry within DCFS, as a perpetrator for a justified finding of abuse or neglect of
a child from owning or operating a licensed early learning center or be hired by a licensed
early learning center as an employee or volunteer of any kind, including any therapeutic
professionals, extracurricular personnel, and other independent contractors, unless there is
a finding by DCFS that the individual does not pose a risk to children.
Proposed law further requires that the owner, operator, current or prospective employee, or
volunteer of a licensed early learning center report annually, and at any time upon the
request of DOE, on the state central registry disclosure form promulgated by DCFS, whether
or not his name is currently recorded on the state central registry for a justified finding of
abuse or neglect and he is the named perpetrator. Further requires any such current or
prospective employee or volunteer of a licensed early learning center to submit the state
central registry disclosure form to the owner or operator of the facility, who maintains the
documents in accordance with current licensing requirements. Any state central registry
disclosure form that is maintained in an early learning center licensing file shall be
confidential and subject to the confidentiality provisions of present law pertaining to the
investigations of abuse and neglect.
Proposed law further requires any owner, operator, current or prospective employee, or
volunteer of a licensed early learning center who knowingly falsifies the information on the
state central registry disclosure form shall be guilty of a misdemeanor offense and be fined
not more than $500, or imprisoned for not more than six months, or both. Further, if any
owner, operator, current or prospective employee, or volunteer of a licensed early learning
center who discloses that he is currently recorded on the state central registry for a justified
finding of abuse or neglect shall be entitled to a risk assessment evaluation provided by
DCFS to determine whether the individual poses a risk to children. Any such individual who
is determined to pose a risk to children shall have the right to file an appeal in accordance
with the APA. Any such determination shall be kept on file at all times by DCFS.
Proposed law (R.S. 17:407.42) prohibits any person who has been convicted of or has pled
nolo contendere to certain crimes including sex crimes and crimes against children from
directly or indirectly owning, operating, or participating in the governance of an early
learning center, or being hired by any early learning center as a volunteer or employee of any
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: RDCSB524 362 5648
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(1)The owner or operator of an early learning center may request information
concerning whether or not any owner or volunteer, applicant, or employee of any
kind including contractors, of an early learning center has been arrested for or
convicted of or pled nolo contendere to any criminal offense.
(2)DOE may request information concerning whether or not an applicant or employee
of the department in a position whose duties include the performance of licensing
inspections has been arrested for or convicted of or pled nolo contendere to any
criminal offense.
Proposed law further requires that the regulation include the requirement and the procedure
for the submission of a person's fingerprints in a form acceptable to the Louisiana Bureau
of Criminal Identification and Information (LBCII) prior to employment. A person who has
submitted his fingerprints to LBCII may be temporarily hired pending the report from LBCII
as to any convictions of or pleas of nolo contendere by the person to certain crimes including
sex crimes and crimes against children.
Proposed law (R.S. 17:407.43) requires DOE, through its duly authorized agents, to inspect
at regular intervals not to exceed one year, and as deemed necessary by DOE, and without
previous notice, all early learning centers subject to the provisions of proposed law. Further
requires DOE to develop and facilitate coordination with and among other authorized
agencies making inspections at regular intervals. Requires the early learning centers to be
open to inspection by authorized inspection personnel and by parents or legal custodians of
children in care only during working hours.
Proposed law (R.S. 17:407.44) authorizes DOE to deny, revoke, or refuse to renew a license
for an early learning center if an applicant has failed to comply with the provisions of
proposed law or any applicable published rule or regulation of BESE relating to early
learning centers. If a license is denied or revoked, or renewal is refused, the action shall be
effective when made, and DOE shall notify the applicant or licensee of such action in writing
immediately, and of the reason for the denial or revocation, or refusal to renew the license.
Proposed law (R.S. 17:407.45) provides for the right to appeal such action to the division of
administrative law. However, this provision shall in no way preclude the right of the party
to seek relief through mandamus suit against the department, as provided by law.
Proposed law further provides that DOE shall be entitled to seek judicial review from any
final decision or order rendered by the division of administrative law in any appeal hearing
arising under proposed law. The venue of judicial review shall be the district court of the
parish in which the licensee is located.
Proposed law (R.S. 17:407.46) provides that for violations related to supervision, criminal
history record checks, the state central registry disclosure form, staff-to-child ratios, motor
vehicle checks, or failure to report critical incidents, DOE may issue a written warning that
includes a corrective action plan, in lieu of revocation, upon any person or entity violating
these requirements if such condition or occurrence does not pose an imminent threat to the
health, safety, rights, or welfare of a child. Failure to implement a corrective action plan
issued pursuant to proposed law may result in either the assessment of a civil fine or license
revocation, or both. Such civil fine shall not exceed $250 per day for each assessment;
however, the aggregate fines assessed for violations determined in any consecutive 12 month
period shall not exceed $2,000.
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 RDCSB524 362 5648
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of administrative law. During the pendency of an appeal, an early learning center may
continue to receive funding for services provided to those eligible children as determined by
DOE.
Proposed law authorizes DOE to institute any necessary civil court action to collect fines
imposed and not timely appealed. All costs of any successful action to collect such fines
shall be awarded to DOE in addition to the fines.
Civil fines collected pursuant to proposed law are required to be deposited immediately into
the treasury. After compliance with constitutional requirements relative to the Bond
Security and Redemption Fund, and prior to the monies being placed in the state general
fund, an amount equal to the amount deposited as provided by proposed law shall be credited
to a special fund hereby created in the state treasury to be known as the "Early Learning
Center Licensing Trust Fund". The monies in the fund shall be subject to annual
appropriation and shall be available exclusively for use by the department for the education
and training of employees, staff, or other personnel of child care facilities and child-placing
agencies.
Proposed law (R.S. 17:407.47) requires DOE to report all complaints, including but not
limited complaints alleging child abuse or the prevention or spread of communicable
diseases against any early learning center to the appropriate agencies for investigation and
disposition.
Proposed law (R.S. 17:407.48) requires DOE make available, upon written request of a
parent or legal custodian of any child who has applied for placement in an early learning
center licensed by the department, the following information relative to such early learning
center:
(1)Any violations of standards, rules, or regulations in the prior twelve months.
(2)Any waivers of minimum standards authorized for such early learning center.
Proposed law (R.S. 17:407.49) prohibits BESE and DOE from interfering with the
parent-child relationship regarding the religious training of a child, where all of the
following conditions are met:
(1)The parent or legal custodian has enrolled their child in a child care facility,
including but not limited to a child residential facility, operated by a religious,
nonprofit organization that is exempt from federal income taxes pursuant to 26
U.S.C. 501(c)(3).
(2)Where, as a condition of enrollment, the child is required to attend religious services
or classes and the parent or legal custodian of the child agrees to such condition.
Proposed law (R.S. 17:407.50) requires each licensed early learning center, before
November first of each year, to make available to each child's parent or legal custodian
information relative to the risks associated with influenza and the availability, effectiveness,
known contraindications and possible side effects of the influenza immunization. Proposed
law shall not be construed to require any licensed early learning center, DOE, or the DHH
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. RDCSB524 362 5648
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(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 from a list of
three persons nominated by the La. Head Start Association.
(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.
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. RDCSB524 362 5648
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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. Provides that such
shall not apply to the adoption of emergency rules; however requires DOE to notify the
advisory council of meetings of BESE at which emergency rules pertaining to public funded
early care and education programs and specified programs and grants will be considered and
to include a draft of the proposed emergency rule in the notification.
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.
(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. RDCSB524 362 5648
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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
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). RDCSB524 362 5648
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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).
Present law in Chapter 14-B of Title 46 provides for child care registration, including
definitions and provisions for inspections and the promulgation of rules and fees, and is
known as the Child Care Registration Law.
Proposed law removes the provisions of present law 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 and Part X-C of Chapter 1 of Title 17 in proposed law. Proposed law repeals the
provisions of present law, known as the Child Care Registration Law (Chapter 14-B of Title
46).
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
providers, are effective October 1, 2014. Provisions of proposed law pertaining to family
child day care home registration, including repeals of related present law provisions, 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, 1441-1441.14, 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. RDCSB524 362 5648
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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.
5. Provides that the cooperative endeavor agreement shall submitted the Joint
Legislative Committee on the Budget.
6. Changes effective date of various sections of proposed law.
Senate Floor Amendments to reengrossed bill
1. Clarifies that each licensed specialized provider or child placing agency
make available to the parent or legal guardian information relative to risks
associated with influenza and the availability, effectiveness, known
contraindications, and possible side effects of the influenza immunization.
2. Technical amendments.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the re-reengrossed bill.
1. Adds repeal of provisions of law providing for child care registration, known as
the Child Care Registration Law.
2. Removes requirement that the cooperative endeavor agreement entered into by
the Dept. of Children and Family Services and the Dept. of Education to transfer
lead agency authority be subject to the review and approval of the Jt. Legislative
Committee on the Budget and instead provides that it be submitted to the
committee.
3. Changes the definition of "Head Start and Early Head Start Programs".
4. Provides that the two representatives of Head Start Programs on the advisory
council be selected by the state superintendent from a list of three persons
nominated by the La. Head Start Assoc.
5. Relative to the adoption of emergency rules by BESE regarding early learning
centers and specified programs and grants, requires the Dept. of Education to
notify the advisory council of meetings of BESE at which emergency rules
pertaining to public funded early care and education programs and specified RDCSB524 362 5648
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programs and grants will be considered and to include a draft of the proposed
emergency rule in the notification.