Louisiana Administrative Code

Applied Behavior Analysis Provider -a provider who is licensed, certified, or registered by the Louisiana Behavior Analyst Board and is in good standing to provide applied behavior analysis services. Applied Behavior Analysis Services- the design, implementation, and evaluation o…

A. Each elementary, middle, and secondary school shall have an AED on its premises in an easily accessible location. B. Each elementary, middle, and secondary school shall have a cardiac emergency response plan that establishes the specific steps to reduce death from cardiac arre…

A. Each high school coach and non-faculty coaches certified by the Coaches Education and Certification Program shall receive annual documented training related to serious sports injuries in accordance with the National High School Coaches Association and the Louisiana High School…

A. The LDE will work cooperatively with the Louisiana Department of Health and Hospitals for the prevention, control and containment of communicable diseases in schools and shall assist in the dissemination of information relative to communicable diseases to all school governing …

Appropriate Mid-Level Provider -a health care provider duly authorized by a supervising MD/DO to provide care for sports injuries in accordance with their respective scopes of practice. For the purpose of this injury management program, the following health care providers may fun…

A. Every LEA, during the first semester of the school year or within 30 days after the admission of any students entering the school late in the session, shall test the sight, including color screening, for all first grade students, and hearing of each and all students under thei…

A. Each student entering any school within the state for the first time, at the time of registration or entry, shall present satisfactory evidence of immunity to or immunization against vaccine-preventable diseases according to a schedule approved by the Department of Health and …

A. A student-athlete, who reports, or exhibits, any sign or symptom of a possible serious sports injury, defined as any loss of function as a result of a direct or indirect injury, shall immediately be disqualified from continued participation and be removed from practice, traini…

A. Each school participating in interscholastic sports shall follow best practices for any activity that does not occur in a climate-controlled facility. These best practices shall follow modified guidelines of the American College of Sports Medicine and the National Athletic Tra…

A. LEAs may implement the use of the standardized school health forms to eliminate the duplication of information submitted to schools and school nurses relative to health information and screenings, allergies, illnesses, sports physicals, medication administration, and prescribe…

A. Administration of Medication 1. Each local educational governing authority shall establish guidelines based upon the joint policy of BESE and the Louisiana State Board of Nursing for the administration of medications which shall include but not be limited to the following prov…

NOTE: This Rule was developed in coordination with the Louisiana State Board of Nursing (LSBN). Any waivers, deletions, additions, amendments, or alterations to this policy shall be approved by both BESE and LSBN. A. Diabetes Treatment Plans 1. Any public elementary or secondary …

A. The term noncomplex health procedure shall mean a task which is safely performed according to exact directions, with no need to alter the standard procedure, and which yields predictable results. It shall include the following: 1. modified activities of daily living which requ…

A. Each high school that sponsors or sanctions any athletic activity in Louisiana and which requires a participating student to regularly practice or train and compete, shall be subject to the terms of the injury management program contained in this Chapter. B. This Chapter does …

A. A public school governing authority shall not prohibit a behavioral health service provider from providing medically necessary behavioral health services authorized by an independent third-party payor, including but not limited to Medicaid and commercial insurance, to a studen…

A. Complaint Procedures. The LDOE shall establish written procedures for the purpose of resolving any complaint which is filed by an affected individual alleging that a public school governing authority has violated a requirement of R.S. 17:173 or this Chapter and that meets the …

A. This bulletin contains policies passed by the Board of Elementary and Secondary Education (BESE) regarding the health and safety of students while at school, traveling on school transportation, and at school sponsored events. B. Sections of this bulletin have been jointly prom…

A. Fines for violations of licensing standards listed in § 1105 . A are due within 30 calendar days of receipt of written notice of assessment of fines, unless the center timely submits a request for departmental reconsideration. B. If the department notifies a center that its de…

A. The following is an illustrative, but not exclusive, list of reasons that an application for licensure may be denied or a license may be revoked or renewal refused: 1. violation of any provision of R.S. 17:407.31 et seq.; 2. violation of any rules and regulations in this bulle…

A. The LDE shall prominently post notice of a revocation or refusal to renew action at each public entrance of the center within one business day of such action. B. Such notice of revocation or refusal to renew shall remain posted and visible to parents of children at the center …

A. A center shall maintain in force at all times current commercial liability insurance for the operation of the center to ensure medical coverage for children in the event of accident or injury. B. Repealed. C. Documentation of commercial liability insurance shall consist of the…

A. For violations related to the following licensing standards, when such violation does not pose an imminent threat to the health, safety, rights, or welfare of a child, the department may issue a written warning in lieu of revoking or refusing to renew the license: 1. Supervisi…

A. Only centers and affiliates that have completed the 24-month disqualification period and/or other disqualification sanctions imposed by the department, may apply for a new license in accordance with this bulletin. B. Any application for a new license submitted after the minimu…

A. An early learning center shall establish in writing and post the following schedules: 1. schedule of days and hours of operation, including scheduled days and holidays when center is closed; and 2. daily schedule that includes times of planned activities, including early learn…

Academic Approval -verification by the department that a type III early learning center is meeting the performance and academic standards required in Bulletin 140-The Louisiana Early Childhood Care and Education Network. Anniversary Date - the last day of the month in which the c…

A. Any visitor , as defined in §103, to the center shall be accompanied by an adult staff person at all times. Notes La. Admin. Code tit. 28 , § CLXI-1505 Promulgated by the Board of Elementary and Secondary Education, LR 41 629 (April 2015). effective 7/1/2015 . AUTHORITY NOTE: …

A. Cumulative File. A cumulative file shall be maintained on each child that shall include the following records: 1. an information form signed and dated by the parent and updated as changes occur, that contains: a. name of child , date of birth, sex, date of admission; b. name o…

A. Child to staff ratios are established to ensure the safety of all children. B. Minimum child to staff ratios shall be met at all times. 1. There shall be a minimum of two staff members present at an early learning center when more than four children are present. 2. Only those …

A. A center shall operate within the licensed capacity, age range, hours of operation and other specific services designated on its license. Notes La. Admin. Code tit. 28 , § CLXI-1501 Promulgated by the Board of Elementary and Secondary Education, LR 41 629 (April 2015). effecti…

A. An early learning center shall establish in writing, prominently post or show parent's signature of receipt, implement, and adhere to the following policies: 1. child abuse and neglect policy: a. as mandated reporters, all staff and owners shall report any allegation or suspic…

A. Staff Members. Personnel files for each staff member shall be maintained at the center and shall include the following: 1. an application or staff information form containing the following information: a. name; b. date of birth; c. home address and phone number; d. training, e…

A. Independent Contractors. The following information shall be maintained for all independent contractors including, but not limited to, therapeutic professionals, extracurricular personnel, contracted transportation drivers, local school district staff, and departmental staff ot…

A. Within seven calendar days of the first day present at the center, and prior to assuming sole responsibility for any children, each staff member shall receive center-specific orientation to the policies and practices of the center that at a minimum shall include information on…

A. The director/director designee shall be at least 21 years of age. B. The director/director designee shall have documentation of at least one of the following upon date of hire as director or director designee: 1. an early childhood ancillary certificate and one year of experie…

A. Children shall be supervised at all times in the center, on the playground, on field trips, on non-vehicular excursions, and during all water activities and water play activities. B. Children shall not be left alone in any room, (except the restroom as indicated in Subsection …

A. Early learning centers shall provide opportunities for continuing education of staff members who are left alone with children, or who have supervisory or disciplinary authority over children. 1. Staff members of early learning centers, excluding foster grandparents, shall obta…

A. Infant and Child CPR All staff members on the premises of a center and accessible to children shall have current certification in infant and child CPR through training approved by the department. B. Adult CPR. All staff members on the premises of a center and accessible to chi…

A. A center has 30 calendar days to request an appeal of the denial of its application for licensure and 15 calendar days to request an appeal of the revocation of or the refusal to renew its license. B. The department must receive a written request for an appeal within 30 calend…

A. Children. A daily attendance record for children shall be maintained that shall: 1. include the child's first and last name, arrival and departure times, date, and first and last name of person or entity to whom the child is released; 2. accurately reflect children on the cent…

A. A written request for an appeal to the Division of Administrative Law (DAL) of a civil fine for a violation of the licensing standards listed in § 1105 .A of this Chapter must be received by the department within 15 calendar days of the centers receipt of notice of the departm…

A. The purpose of this bulletin is to set forth the rules and regulations necessary to implement the provisions of R.S. 17:407.31 et seq., that require the state Board of Elementary and Secondary Education (BESE) to establish statewide minimum standards for the health, safety and…

A. The department shall provide written notice to a center of its reasons for the denial of an application for licensure or the revocation of or refusal to renew a license and of the right to appeal the decision to the Division of Administrative Law (DAL). B. The denial, revocati…

A. When non-critical violations are identified during an on-site inspection, the department may allow the center an opportunity to immediately remedy the violation or deficiency, if the department determines that allowing such remedy does not endanger the health, safety, or well-…

A. A request for departmental reconsideration of an assessment of fine for a violation of the licensing standards listed in § 1105 .A of this Chapter must be received by the department within 10 calendar days of the centers receipt of a written notice of assessment of fine. B. If…

A. An early learning center shall make immediate notification to emergency personnel, law enforcement as applicable, and other appropriate agencies for the following types of critical incidents involving children in care: 1. death; 2. serious injury or illness that required medic…

A. If a license is revoked or renewal is refused due to failure to comply with licensing laws, regulations or minimum standards, or if a license is surrendered to avoid such adverse action, a center shall not be qualified to submit a new application for licensure for a minimum di…

A. An early learning center shall establish in writing and implement procedures for: 1. physical activity: a. children under age two shall be provided time and space for age-appropriate physical activity, both indoors and outdoors, weather permitting, for a minimum of 60 minutes …

A. Director or Director Designee. Each center shall have a qualified director or qualified director designee. 1. The director or director designee shall be an on-site, full-time staff person at the center during the daytime hours of operation (prior to 9 p.m.). When the director …

A. All staff members who administer medication shall have medication administration training that includes auto-injectable epinephrine. B. Whether the center is administering medication or not, each early learning center shall have at least two staff members trained in medication…

A. All staff members shall annually complete the online child abuse and neglect Mandated Reporter Training provided by DCFS. B. Documentation of completion of the course shall be maintained by the center for all staff and shall be available for on-site inspection, whether as hard…