reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 3 - Licensure › Section CLXI-315 - Inspections

Current through Register Vol. 50, No. 6, June 20, 2024
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
				department is advised or has reason to believe that any person, agency or
				organization is operating a non-exempt early learning center without a license,
				the department shall initiate an investigation to ascertain the
				facts.
C. Whenever the department
				is advised or has reason to believe that any person, agency or organization is
				operating in violation of licensing laws, regulations or minimum standards, the
				department shall complete a complaint investigation. All reports of
				mistreatment of children coming to the attention of the department shall be
				referred to the appropriate agencies, and law enforcement personnel if
				applicable.
D. The department may
				apply for an administrative search warrant to obtain entry to an early learning
				center, if necessary.
E. The
				department shall post results of inspection reports online.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:6 and
				  17:407.43.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 3 - Licensure › Section CLXI-317 - Transitional Provisions (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:6,
				  17:407.36, and
				  17:407.38(c).
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 3 - Licensure › Section CLXI-319 - Waivers

Current through Register Vol. 50, No. 6, June 20, 2024
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 well-being of staff and children are not
				imperiled. If it is determined that the center or agency is meeting or
				exceeding the intent of the standard or regulation, the standard or regulation
				may be deemed to be met.
B. Minimum
				licensing standards shall not be waived unless the state superintendent
				determines, upon clear and convincing evidence, that the demonstrated economic
				impact is sufficiently great to make compliance impractical for the center
				despite diligent efforts, and alternative means have been put in place that
				ensure the health, safety, and well-being of children and staff.
C. An application for a waiver and all
				supporting documentation shall be submitted in writing to the department using
				the request for waiver form.
D. Any
				waiver is issued at the discretion of the state superintendent and may be
				revoked by the state superintendent at any time, either upon violation of any
				condition attached to it or upon the determination of the state superintendent
				that continuance of the waiver is no longer in the best interest of children in
				care.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:6 and
				  17:407.40(D).
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 5 - Ownership of Early Learning Centers › Section CLXI-501 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
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 juridical entity.
Juridical Entity
a corporation, partnership,
				  limited-liability company, church, university or governmental entity
Natural Person
a human being.
Ownership
the right that confers on a person
				  direct, immediate and exclusive authority over a thing. The owner of a thing
				  may use, enjoy and dispose of it within the limits and under the conditions
				  established by law.
1.
Direct Ownership
when the immediate owner
				  is a natural person who exercises control personally rather than through a
				  juridical entity.
2.
Indirect Ownership
when the immediate owner
				  is a juridical entity.
Partnership
any general or limited
partnership
licensed or authorized to do business in
				  Louisiana.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:407.31 et seq.,
				  R.S.
				  17:407.41, and
				  R.S.
				  17:407.42.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 5 - Ownership of Early Learning Centers › Section CLXI-503 - Individuals and Entities as Owners for Licensing Purposes

Current through Register Vol. 50, No. 6, June 20, 2024
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 agreement or acquired via a judicial termination of the community of
				aquets and gains;
2.
partnerships
- all limited or general partners and managers,
				including but not limited to all persons registered as limited or general
				partners in the Secretary of States Corporations Division;
3.
head start centers
-
				individual responsible for supervising center directors;
4.
church-owned, government
				entity,
or
university-owned
- any clergy member or
				board member that is present in the early learning center during the hours of
				operation or when children are present. Clergy or board members not present in
				the early learning center shall complete a statement attesting to
				such;
5.
corporations
(includes
limited liability
				companies)
-
a. any person who has 25
				percent or greater share in the ownership or management of the business;
				or
b. any person who has less than
				a 25 percent share in the ownership or management of the business and meets one
				or more of the following criteria:
i. has
				unsupervised access to the children in care at the center;
ii. is present in the center during hours of
				operation;
iii. makes decisions
				regarding the day-to-day operations of the center;
iv. hires or fires staff including the
				director; or
v. oversees staff or
				conducts personnel evaluations of the staff.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 5 - Ownership of Early Learning Centers › Section CLXI-505 - Prohibitions (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:407.42.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 5 - Ownership of Early Learning Centers › Section CLXI-507 - Criminal Background Checks for Owners (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:407.42.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 5 - Ownership of Early Learning Centers › Section CLXI-509 - State Central Registry Disclosure Forms for Owners (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:407.41.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 7 - Licensing Process and Procedures › Section CLXI-701 - Initial Application Process

Current through Register Vol. 50, No. 6, June 20, 2024
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 current email address and notify the department immediately
				upon a change in such email address by submitting a change of email address
				form to amend the existing licensing application. All communication from the
				department shall be sent via email to the most recent email address provided to
				the department on the centers current application for licensure or
				renewal.
C. Initial Licensing
				Packet. After the centers location has been established, a completed initial
				licensing packet shall be submitted to the department.
D. Review of Licensing Packet
1. If a submitted application is incomplete,
				the department shall notify the applicant of the missing information.
a. The applicant shall have 21 calendar days
				from receipt of notification to submit the additional information.
b. If the department does not receive the
				additional information within 21 calendar days of notification, the application
				shall be closed and the application fee shall be forfeited.
c. Once an application has been closed, an
				applicant still interested in obtaining a license must submit a new application
				and application fee, electronically.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 7 - Licensing Process and Procedures › Section CLXI-703 - Initial Inspection Process

Current through Register Vol. 50, No. 6, June 20, 2024
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 application may be denied, and the department may pursue
				appropriate legal remedies.
2. If
				the initial inspection indicates that an early learning center is in compliance
				with all licensing laws, regulations and minimum standards, the department may
				issue a license.
3. If an initial
				inspection indicates that an early learning center is not in compliance with
				all minimum standards, with the exception of the standards listed in Paragraph
				4 of this Subsection, the department may deny the application.
4. If the initial inspection indicates that a
				center is in compliance with all but the following standards, the center will
				be allowed 90 calendar days from receipt of the initial completed application
				to submit documentation of compliance with the following, and the application
				may be denied if the information is not received within the 90 calendar days:
a. Office of State Fire Marshal
				approval;
b. city fire approval, if
				applicable;
c. Office of Public
				Health approval;
d. academic
				approval by the department, if type III center; and
e. documentation of a CCCBC-based
				determination of eligibility for child care purposes from the
				department.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 7 - Licensing Process and Procedures › Section CLXI-705 - Access

Current through Register Vol. 50, No. 6, June 20, 2024
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 for annual
				inspections;
2. only be allowed to
				view video recordings as part of an investigation of a complaint or incident:
a. in order to view a video recording for a
				complaint or incident, departmental staff shall provide in writing information
				about the complaint or incident, including the approximate date, time, location
				and description;
3. be
				allowed to interview any center staff personnel deemed necessary by the
				department;
4. be admitted into a
				center immediately and without delay and shall be given free access to all
				areas of a center, including its grounds;
5. be permitted to verify that no children
				are present in that portion of the center and that such private areas are
				inaccessible to children if any portion of a center is set aside for private
				use by an owner of the center.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 7 - Licensing Process and Procedures › Section CLXI-707 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
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 the total licensure fee, which is due prior to the
				issuance of an initial license, if applicable.
b. An administrative fee of $25 shall be
				submitted for any change that requires the issuance of a new license or the
				reissuance of a current license outside of the regular renewal of the license.
				Some examples include changes in capacity, name, age range, and
				transportation.
c. An
				administrative fee of $5 is required to issue a duplicate license with no
				changes.
d. All early learning
				centers are required to pay administrative fees.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 7 - Licensing Process and Procedures › Section CLXI-709 - Validity of Licenses

Current through Register Vol. 50, No. 6, June 20, 2024
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, discontinued, the
				operation has moved to a new location, or the license has been revoked, the
				existing license immediately becomes null and void and the licensee shall
				surrender the existing license to the department.
D. A new application shall not be processed
				if an application or license is currently on file with the department for the
				same location, with the exception of a change of ownership application or, at
				the discretion of the LDOE, a second application for an early learning center
				at the same address as an existing Head Start located on LEA
				property.
E. Two licenses shall not
				be issued simultaneously for the same physical address except for the license
				of an early learning center at the same address as a Head Start that is located
				on LEA property.
F. All early
				learning care and education provided at a physical address shall be included
				under one license address except for the license of an early learning center at
				the same address as a Head Start that is located on LEA property.
G. If an early learning center operates
				summer and/or holiday camps at the location, such care shall be included under
				a single license for the location address except for the license of an early
				learning center at the same address as a Head Start that is located on LEA
				property.
H. All new construction
				or renovation of a center requires approval from the Office of State Fire
				Marshal, the Louisiana Department of Health and the LDE prior to occupying the
				new or renovated space.
I. A single
				license may be issued for a center with multiple buildings at the same location
				at the sole discretion of the LDE.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  17:6,
				  17:407.39(C), and
				  17:407.40.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 7 - Licensing Process and Procedures › Section CLXI-711 - Renewal Applications

Current through Register Vol. 50, No. 6, June 20, 2024
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 license renewal
				application. Notice of time for renewal shall not be sent by the
				department.
D. Renewal applications
				should be submitted prior to the first day of the month in which the current
				license expires.
E. If a complete
				renewal application, including the total annual licensure fee and all required
				documentation, is not received by the last day of the month in which the
				license expires, the license expires and shall not be renewed.
F. If a license expires, the early learning
				center shall cease operation by close of business on the expiration date stated
				on the license. An application for a new license shall be required if the owner
				desires to resume operations at the center.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:6,
				  17:407.40,
				  and
				  17:407.43.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 7 - Licensing Process and Procedures › Section CLXI-713 - Renewal and Other Inspection Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
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 license. However, if a center has documentation establishing that the
				center requested an inspection by the Office of Public Health or the Office of
				State Fire Marshal prior to the expiration of the existing license, these
				approvals may be submitted to the department within 90 calendar days of the
				date of the license renewal.
1. Required
				approvals from these agencies may be extended by such authorized agencies
				through written communication with the center or the department.
2. A renewal inspection by the department is
				similar to the initial licensing inspection.
a. Documentation of the previous 12 months of
				activities at a center shall be available for review during renewal and other
				inspections.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 9 - Changes Requiring a New License › Section CLXI-901 - Change in Location

Current through Register Vol. 50, No. 6, June 20, 2024
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 and a new license
				obtained, prior to opening at the new location.
B. Temporary Change in Location
1. If a currently licensed center closes for
				reasons, including but not limited to fire on the premises or structural
				damages to the center, and the children are relocated to a temporary location
				until repairs have been made, it is considered a new operation and a new
				license is required prior to opening at the new temporary location.
2. The license at the existing location shall
				not transfer to the temporary location. The existing license shall be suspended
				on the last day care was provided at that location.
3. Any change of location, however temporary,
				renders the license for the existing center null and void.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 9 - Changes Requiring a New License › Section CLXI-903 - Change of Ownership

Current through Register Vol. 50, No. 6, June 20, 2024
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 fee for licensure and obtain a new
				license.
C. Any of the following
				may constitute a change of ownership:
1.
				change in federal tax ID number;
2.
				change in state tax ID number;
3.
				change in profit status;
4. any
				transfer of partial or full ownership of the center from an individual or
				juridical entity to any other individual or juridical entity;
5. termination of child care services by one
				owner and beginning of services by a different owner without a break in
				services to children.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 9 - Changes Requiring a New License › Section CLXI-905 - Change in License Type

Current through Register Vol. 50, No. 6, June 20, 2024
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 applicable licensing regulations, the department shall issue a replacement
				license of the new type to the center and the center shall surrender its
				existing license to the department.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:407.36,
				  R.S.
				  17:6, and
				  17:407.38-39.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 9 - Changes Requiring a New License › Section CLXI-907 - Notification of Temporary or Permanent Closure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Closures
1. Temporary Closure. A center shall notify
				the LDOE in writing of a temporary closure of more than 5 calendar days, but
				fewer than 30 calendar days, within 1 day of closure of the center.
2. Permanent Closure. The provider shall
				notify the LDOE in writing of a permanent closure of 30 or more calendar days
				of a center within 7 calendar days of the closure.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 11 - Operating Violations and Incidents; Fines; Appeals › Section CLXI-1101 - Non-Critical Operating Violations

Current through Register Vol. 50, No. 6, June 20, 2024
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-being of any child. The department may consider the remedy as
				acceptable corrective action.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:6,
				  17:407.39,
				  and
				  R.S.
				  17:407.40.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 11 - Operating Violations and Incidents; Fines; Appeals › Section CLXI-1103 - Critical Incidents and Required Notifications

Current through Register Vol. 50, No. 6, June 20, 2024
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 medical attention;
3.
				a child left unsupervised for any amount of time;
4. use of prohibited behavior management as
				described in
				§1509 of this Part;
5. allegations or suspicion of child abuse or
				neglect by center staff;
6. an
				accident involving the transportation of children;
7. any child given the wrong medication or an
				overdose of the correct medication;
8. any loss of power over two hours while
				children are in care;
9. a physical
				altercation between adults in the presence of children on the
				premises;
10. reportable infectious
				diseases and conditions outlined in LAC 51:II.105;
11. any other significant event relating to
				the health, safety, or well-being of any child, including but not limited to a
				lost child, an emergency situation, fire or other structural damage, or closure
				of the center.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 11 - Operating Violations and Incidents; Fines; Appeals › Section CLXI-1105 - Identified Violations and Fines

Current through Register Vol. 50, No. 6, June 20, 2024
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. Supervision (§1713);
2. CCCBC-based determination of eligibility
				for child care purposes (§1807);
3.
				child to staff ratios (§1711);
4.
				motor vehicle passenger checks (§2107); and 5 failure to report critical
				incidents (§1103).
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 11 - Operating Violations and Incidents; Fines; Appeals › Section CLXI-1107 - Departmental Reconsideration of Assessment of Fine

Current through Register Vol. 50, No. 6, June 20, 2024
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 request for departmental
				reconsideration is not timely received by the department, the center shall not
				have any further right to appeal the assessment of fine.
C. A request for departmental reconsideration
				shall:
1. include a copy of the original
				assessment of fine;
2. provide any
				new information, if applicable; and
3. provide specific reasons as to why the
				department should reconsider the assessment of fine.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 11 - Operating Violations and Incidents; Fines; Appeals › Section CLXI-1109 - Administrative Appeal of Assessment of Fine

Current through Register Vol. 50, No. 6, June 20, 2024
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 departments decision upon reconsideration.
B. The written request for an
				appeal to the DAL shall include:
1. a copy of
				the original assessment of fine;
2.
				a copy of the decision from the department upon reconsideration; and
3. the specific reasons the center believes
				the decision of the department was reached in error.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 11 - Operating Violations and Incidents; Fines; Appeals › Section CLXI-1111 - Payment of Fines

Current through Register Vol. 50, No. 6, June 20, 2024
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 decision upon reconsideration is that the
				original decision is justified, the fine remains due within 30 calendar days of
				the original notice of assessment of fines or within 14 calendar days of notice
				of the decision upon reconsideration, whichever is later, unless the center
				timely submits a request for an administrative appeal to the department.
C. If the department timely
				receives a request for an administrative appeal for an assessment of fines
				based on a violation of the licensing standards listed in
				§1105. A and said
				assessment is affirmed by the DAL, the fine shall be due and payable within 30
				calendar days of receipt of notice of the decision by the DAL, unless the
				center timely seeks judicial review of the administrative decision.
D. If a center timely seeks judicial review
				of the administrative decision, and judicial review is denied or dismissed, the
				fines shall be due and payable within 30 calendar days of the denial or
				dismissal.
E. If a center does not
				timely pay a fine for a violation of the licensing standards listed in
				§1105 A:
1. its license may be immediately
				revoked;
2. the department shall
				refer uncollected fines to the Office of the Attorney General for collection,
				and the organization owing the fine shall be assessed, and shall be required to
				pay, the additional collection fee assessed by the Office of the Attorney
				General;
3. interest shall begin to
				accrue on a fine at the current judicial rate on the day following the day the
				fine becomes due and payable.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 13 - Denial, Revocation or Non-Renewal of License › Section CLXI-1301 - Reasons for Denial, Revocation, or Refusal to Renew

Current through Register Vol. 50, No. 6, June 20, 2024
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 bulletin;
3. failure to meet
				any minimum standards in this bulletin;
4. failure to take steps or actions
				reasonably necessary to ensure the health and safety and well-being of children
				in care;
5. failure to timely
				comply with a corrective action plan approved by the department;
6. failure to obtain approval of any agency
				whose approval is required for licensure;
7. failure to report a known or suspected
				incident of abuse or neglect to child welfare authorities;
8. denial of center access to departmental
				staff or failure or refusal to cooperate with department staff in the
				performance of official duties;
9.
				history of non-compliance with licensing laws, rules, or minimum
				standards;
10. nonpayment of
				licensure fee;
11. failure to
				submit application for renewal prior to the expiration of the
				license;
12. if the owner or
				director is not reputable;
13. if
				the owner, director, or a staff member is unsuited for the care of children in
				the center;
14. any instance of
				corporal punishment, physical punishment, cruel, severe, or unusual punishment,
				or physical or sexual abuse or neglect, if the owner is responsible or if the
				employee who is responsible remains in the employment of the center;
15. any act of fraud, such as the submission
				of false or altered documents or information;
16. the center is closed and there are no
				plans for immediate reopening and no means of verifying compliance with
				licensing laws, regulations and minimum standards;
17. the center knowingly continues to employ
				or allow to be present at the center or on the center premises, a person who is
				ineligible for child care purposes; and
18. the owner of a center is ineligible for
				child care purposes and does not immediately leave the center and center
				premises, or returns to the center or center premises at any time when children
				are present, or fails to divest ownership of the center or close the center
				within 30 calendar days of the owners knowledge of his/her ineligibility for
				child care purposes.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 13 - Denial, Revocation or Non-Renewal of License › Section CLXI-1303 - Notice of Denial, Revocation, or Refusal to Renew

Current through Register Vol. 50, No. 6, June 20, 2024
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, revocation or refusal to renew
				shall be effective when notice is given and the center shall surrender its
				existing license to the department.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:6 and
				  17:407.44.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 13 - Denial, Revocation or Non-Renewal of License › Section CLXI-1305 - Posting of Notice of Revocation or Refusal to Renew

Current through Register Vol. 50, No. 6, June 20, 2024
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
				throughout the pendency of any appeals of the revocation.
C. The center shall not permit the
				destruction or removal of a notice of revocation or refusal to renew action and
				shall ensure that the notice continues to be visible to any person entering the
				center throughout the pendency of any appeals.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:6 and
				  17:407.44.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 13 - Denial, Revocation or Non-Renewal of License › Section CLXI-1307 - Appeal of Denial, Revocation, or Refusal to Renew

Current through Register Vol. 50, No. 6, June 20, 2024
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 calendar days of the center's
				receipt of notice of the denial of its application and within 15 calendar days
				of the center's receipt of notice of revocation of or refusal to renew its
				license.
C. A center may continue
				to operate during the appeals unless the department determines that the health,
				safety or welfare of children in care imperatively requires immediate closure
				of the center and incorporates that finding in its notice of revocation.
1. If a center with a revoked license is
				continuing to operate during its appeals process, and the department determines
				that the health, safety, or welfare of the children in care is at risk due to
				continuing violations of licensing standards and minimum requirements or the
				occurrence of a critical incident, the department may require immediate closure
				of the center by providing written notice of required immediate closure that
				includes notice of the continuing violations of licensing standards and minimum
				requirements or the occurrence of a critical incident. There shall be no appeal
				of the required immediate closure, but the appeal of the revocation of the
				license shall continue. If the decision to revoke the centers license is not
				upheld in the pending appeal, the center may reopen upon receipt of notice of
				such a decision.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 13 - Denial, Revocation or Non-Renewal of License › Section CLXI-1309 - Disqualification Period Following Revocation or Refusal to Renew

Current through Register Vol. 50, No. 6, June 20, 2024
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 disqualification period of 24 months.
B. The minimum disqualification period shall
				begin on the later of:
1. the effective date
				of revocation, refusal to renew, or surrender to avoid adverse action;
				or
2. the day after all appeal
				rights have been exhausted.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 13 - Denial, Revocation or Non-Renewal of License › Section CLXI-1311 - Licensure Process Following Disqualification Period

Current through Register Vol. 50, No. 6, June 20, 2024
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 minimum disqualification
				period shall be reviewed by the department for any unresolved matters
				pertaining to the disqualification prior to making a determination to grant a
				license. The right to deny a subsequent application for licensure rests solely
				in the discretion of the department.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 17.6,
				  R.S.
				  17:407.44, and
				  R.S.
				  17:407.45.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 15 - Minimum General Requirements and Standards › Section CLXI-1501 - Operations

Current through Register Vol. 50, No. 6, June 20, 2024
A. A center shall
				operate within the licensed capacity, age range, hours of operation and other
				specific services designated on its license.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:407.40.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 15 - Minimum General Requirements and Standards › Section CLXI-1503 - General Liability Insurance Policy

Current through Register Vol. 50, No. 6, June 20, 2024
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 insurance policy or current binder that includes
				the name of the early learning center, physical address of the center, name of
				the insurance company, policy number, period of coverage and explanation of the
				coverage.
D. Parents shall not be
				required to waive the centers responsibility.
E. Parents may elect to use their own
				insurance.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  17:407.40.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 15 - Minimum General Requirements and Standards › Section CLXI-1505 - Visitors

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
visitor
, as defined in §103, to the center shall be
				accompanied by an adult staff person at all times.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:407.40(A)(1).
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 15 - Minimum General Requirements and Standards › Section CLXI-1507 - Daily Attendance Records

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Children. A daily attendance record for children shall be maintained that
				shall:
1. include the childs first and last
				name, arrival and departure times, and first and last name of person or entity
				to whom the child is released;
2.
				accurately reflect children on the center premises at any given time;
				and
3. be used to sign in and out
				if a child leaves and returns to the center during the day.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 15 - Minimum General Requirements and Standards › Section CLXI-1509 - Policies

Current through Register Vol. 50, No. 6, June 20, 2024
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 suspicion of abuse or neglect of a child
				to the Louisiana Child Protection Statewide Hotline (855) 4LA-KIDS [(855)
				452-5437];
b. an early learning
				center shall not delay the reporting of suspected abuse or neglect to the Child
				Protection Statewide Hotline in order to conduct an internal investigation to
				verify the abuse or neglect allegations; and
c. an early learning center shall not require
				staff to report suspected abuse or neglect to the center or management prior to
				reporting it to the Child Protection Statewide Hotline;
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 15 - Minimum General Requirements and Standards › Section CLXI-1511 - Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
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 per day;
b. children age two and older shall be
				provided physical activity that includes a combination of both teacher-led and
				free play, both indoors and outdoors, weather permitting, for a minimum of 60
				minutes per day;
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 15 - Minimum General Requirements and Standards › Section CLXI-1513 - Schedules

Current through Register Vol. 50, No. 6, June 20, 2024
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 learning activities, allowing for
				flexibility and change.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 15 - Minimum General Requirements and Standards › Section CLXI-1515 - Child Records and Cumulative Files

Current through Register Vol. 50, No. 6, June 20, 2024
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 of parents and
				the home address of both child and parents;
c. phone numbers where parents may be reached
				while child is in care;
d. name and
				phone number of person to contact in an emergency if parents cannot be located
				promptly;
e. any special concerns,
				including but not limited to allergies, chronic illnesses, and any special
				needs of the child, if applicable; and
f. any special dietary needs, restrictions or
				food allergies or intolerances, if applicable. See Paragraph
				4;
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 17 - Minimum Staffing Requirements and Standards › Section CLXI-1701 - Prohibitions (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:407.42.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 17 - Minimum Staffing Requirements and Standards › Section CLXI-1703 - Criminal Background Checks for Volunteers, Staff, Visitors and Independent Contractors (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:407.42.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 17 - Minimum Staffing Requirements and Standards › Section CLXI-1705 - State Central Registry Disclosure Forms for Volunteers and Staff (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  17:407.41.
Louisiana Administrative Code › Title 28 - EDUCATION › Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations › Chapter 17 - Minimum Staffing Requirements and Standards › Section CLXI-1707 - Required Staff

Current through Register Vol. 50, No. 6, June 20, 2024
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 is
				not an on-site full-time employee at the licensed location, there shall be a
				qualified director designee who is an on-site full-time employee at the
				licensed location.
2. The director
				or director designee shall be responsible for planning, managing, and
				controlling the centers daily activities, as well as responding to parental
				concerns and ensuring that minimum licensing requirements are met.