Louisiana Administrative Code

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. No person who has been found by the department to be ineligible for child care purposes shall own, operate or participate in the governance of an early learning center, or shall be employed by an early learning center as a volunteer, staff member, employee or independent contr…

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. 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. 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. 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…

A. The department shall determine a persons eligibility for child care purposes based upon the results of the persons CCCBC. B. Components of a CCCBC. A CCCBC shall include: 1. a request for a fingerprint-based search of the Louisiana criminal history information record; 2. a req…

A. Exclusive Use of Space. Indoor and outdoor space shall be used exclusively by children in care and center staff during hours of operation. 1. Exceptions are allowed only for schools or churches regarding the shared use of kitchens, dining rooms, restrooms and outdoor space. 2.…

A. All meals and snacks provided by the center, and their preparation, service and storage, shall meet the requirements for meals of the U.S. Department of Agriculture (USDA) Child and Adult Care Food Program (CACFP), 7 CFR 226.20 , and LAC 51:XXIII. B. The weekly menu shall: 1. …

A. An initial licensing inspection, including a measurement of the indoor and outdoor enclosed space, shall be conducted at the center to assure compliance with all licensing laws, regulations and minimum standards. 1. If the center in operation is in violation of the law, the ap…

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. 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. 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. 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…

Corporation any entity incorporated in Louisiana, or incorporated in another state and registered with the secretary of state in Louisiana, and legally authorized to do business in Louisiana. Individual Ownera natural person who directly owns a center without setting up a juridic…

A. All fees shall be paid to the Louisiana Department of Education through its electronic payment system and are nonrefundable. 1. Administrative Fees a. An administrative fee of $25 shall be submitted with each application for initial licensure. This fee shall be applied toward …

A. A license shall apply only to the location stated on the license and shall not transfer from one location to another or from one owner to another. B. If the location or owner of an early learning center changes, the license becomes null and void. C. When a business is sold, di…

A. A license must be renewed by the last day of the month in which the current license expires. B. An application for renewal of a license shall be submitted using the departments online electronic system. C. Each center is solely responsible for timely completing the online lice…

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. The department, through its duly authorized agents, shall inspect at regular intervals not to exceed one year, and as deemed necessary by the department and without previous notice, all early learning centers subject to the provisions of this bulletin. B. Whenever the departme…

A. The state superintendent, pursuant to authority delegated by BESE, may, in specific instances, waive compliance with a minimum standard or regulation if it is determined that the economic impact is sufficiently great to make compliance impractical, as long as the health and we…

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. Forms. Applications for licensure of new early learning centers shall be submitted using the departments online electronic system. B. Each center shall provide a current email address to the department on its initial application for licensure. The center shall maintain a curre…

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. An early learning center shall allow the department staff access to the center, the children, all files, records, and recordings, upon request at any time during any hours of operation or any time a child is present. B. Departmental staff shall: 1. not view video recordings fo…

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. 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. 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. Written Authorization. No medication or special medical procedure shall be administered to a child unless authorized in writing by the parent . Such authorization shall include: 1. name of child ; 2. drug name and strength; 3. date(s) to be administered; 4. directions for use,…

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. Annual licensing inspections by the department, current approvals by the Office of Public Health, Office of State Fire Marshal, and city fire (if applicable), and academic approval by the department (if type III center) shall be required before the expiration of an existing li…

A. Change in Location. When a center changes location, it is considered a new operation, and a new application and fee for licensure must be submitted, have verification of substantial compliance with the applicable licensing regulations, and a new license obtained, prior to open…

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. Operating an early learning center without a valid license may result in fines up to $1,000 per day for each day of such offense. B. If an early learning center is operating without a valid license, the department shall file suit for injunctive relief in the district court in …

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. Apparatus or Equipment 1. The manufacturer's restraint device shall be used when equipment is occupied by children. 2. Children who are either too small or too large to be restrained using the manufacturer's restraint device shall not be placed in equipment. B. Eating Practice…

A. The center shall obtain and maintain a signed parental authorization for each field trip. B. At least two staff, one of whom may be the driver, shall be in each vehicle, unless the vehicle has a communication device and the child to staff minimum ratio is met in the vehicle. C…

A. A public or non-public day school serving children in grades kindergarten and above, including any pre-kindergarten attached thereto, except as provided in § 301 .B and C, is exempt from the provisions of this bulletin. B. Camps and all care given without charge are exempt fro…

A. 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 that is qualified as a tax exempt organization under § 501 (c) of the Internal Revenue Code and that receives no state or federal funds …

A. There shall be an annual licensure fee for each early learning center based on the licensed capacity of the center. B. Annual Licensure Fees Licensed Capacity Annual License Fee 15 or fewer children $25 16-50 children $100 51-100 children $175 101 or more children $250 C. Purs…

A. Emergency and Evacuation Plan. The director shall consult with appropriate state and local authorities and shall establish and follow a written multi-hazard emergency and evacuation plan to protect children in the event of emergencies that at a minimum shall: 1. address any po…

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. Diapers shall be changed when wet or soiled. B. Children shall be changed and cleaned immediately following a toileting accident. C. Staff shall respond promptly to a request from a child for toileting assistance. D. While awake, children shall not remain in a crib, baby bed, …

A. All early learning centers shall be licensed prior to beginning operations in Louisiana. B. A prekindergarten program operated by a public school serving children in grades kindergarten and above, and in which all children have not reached age 4 by September 30 of the current …

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. 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. The department is authorized to determine the period for which a license shall be valid. A license is valid for the period for which it is issued unless it is revoked or suspended by the department for non-compliance with the licensing laws, regulations or minimum standards. N…

A. Individuals by organizational type who are considered owners for licensing purposes: 1. individuals - individual and spouse, unless the business is the separate property of the licensee acquired before his or her marriage, acquired through a judicial separation of property agr…

A. When a center changes ownership, the current license is not transferable. B. Prior to the ownership change, the new owner shall submit a new application and have verification of substantial compliance with the applicable licensing regulations in order to fee for licensure and …

A. To change license type, an early learning center shall submit a written request to change its license type and a $25 change fee using the departments online electronic system. B. Upon receipt of the written request and fee, and verification of substantial compliance with the a…