SB 441 — STUDENTS: Provides relative to programs for prekindergarten-aged children. (gov sig) (EN -$6,530 GF RV See Note)

words in boldface type and underscored are additions.

SB NO.

441 ENROLLED agency, corporation, person or persons, or any other group which meets any of the following:

* * * (5)"Earlylearningcenter"meansanychilddaycarecenter,EarlyHeadStart Center,Center,HeadStartCenter,ornonpublicprekindergartenprogramstand-aloneearly Headlearning Startprogram Center,that oris nonpublicnot prekindergartenpart programof stand-alonean prekindergartenelementary programschool notas attacheddefined toin aR.S. school.

17:236.

Exemptions from licensure requirements PageA. 4 of 12 Coding:

WordsThe whichprovisions areof struckthis throughPart areshall deletionsnot fromapply existingto law;grades kindergarten and above, prekindergarten programs attached to a nonpublic or public day school serving children in grades kindergarten and above, Louisiana Montessori accredited or provisionally accredited approved schools, camps, registered family child daycare homes, mother's day out programs, and care given without charge.

words in boldface type and underscored are additions.

SLS 26RS-831 REENGROSSED SB NO.

441 A.

The provisions of this Part shall not apply to grades kindergarten and above, prekindergarten programs attached to a nonpublic or public day school serving children in grades kindergarten and above, Louisiana Montessori accredited or provisionally accredited approved schools, camps, registered family child daycare homes, Mother's day out programs, and care given without charge.

17:407.40, all early learning centers and AllPage school4 prekindergartenof programs10 establishedCoding: pursuant to R.S.

17:24.8 shall, at a minimum, meet the following minimum standards to ensure the safety and welfare of children:

(1) There shall be a minimum of two staff members present at any facility whenmorethanfourchildrenarepresent,exceptunderanextenuatingcircumstance that temporarily prevents compliance with this Paragraph.

(2)(a)TheThroughtheendofthe2026-2027schoolyear,thechild-to-staff ratios shall not exceed the following:

(a) Infants and under one year - 5 to 1 (b) One year - 7 to 1 (c) Two years - 10 to 1 (d)(i) Three years or children enrolled in a school prekindergarten program for three-year-olds - 13 to 1 (e)(ii) Four years or children enrolled in a school prekindergarten program for four-year-olds - 15 20 to 1 (f)(iii) Five years or children enrolled in a school prekindergarten program for five-year-olds - 19 20 to 1 (b) Beginning in the 2027-2028 school year and for each subsequent Page 5 of 12 Coding:

SLS 26RS-831 REENGROSSED SB NO.

441 schoolENROLLED yearAll thereafter,school child-to-staffprekindergarten ratiosprograms shallestablished notpursuant exceedto theR.S. following:

(i)Threeyearsorchildrenenrolledinaschoolprekindergartenprogram17:24.8 forshall, three-year-oldsat -a 13minimum, tomeet 1the (ii)Fouryearsorchildrenenrolledinaschoolprekindergartenprogramfollowing forminimum four-year-oldsstandards - 15 to 1ensure (iii)Fiveyearsorchildrenenrolledinaschoolprekindergartenprogram for five-year-olds - 20 to 1 (3) An average of the child-to-staffsafety ratiosand maywelfare be applied to mixed age groups of childrenchildren: only for groups that include no children under the age of two.

(1) There shall be a minimum of two staff members present at any facility whenmorethanfourchildrenarepresent,exceptunderanextenuatingcircumstance that temporarily prevents compliance with this Paragraph.

(2) The child-to-staff ratios shall not exceed the following:

(a) Infants and under one year - 5 to 1 (b) One year - 7 to 1 (c) Two years - 10 to 1 (d) Three years - 13 to 1 (e) Four years - 15 to 1 (f) Five years - 19 to 1 (a)Thechild-to-staffratiosshallbein compliance with thosesetinrules that the State Board of Elementary and Secondary Education shall adopt for this purpose.

The rules shall provide ratio requirements for prekindergarten students who are three years old, four years old, and five years old in order to provide for the health, safety, and welfare of those students.

Both public and nonpublic schools operating prekindergarten programs shall comply with the ratio requirements provided in these rules.

(b) The rules may be waived if the state board determines, upon clear andconvincingevidence,thatthedemonstratedeconomicimpactissufficiently greattomakecomplianceimpracticalfortheschooldespitediligentefforts,and thatalternativemeanshavebeenputinplacethatensurethehealth,safety,and well-being of students and staff.

(3) An average of the child-to-staff ratios may be applied to mixed age groups of children only for groups that include no children under the age of two.

(5)Whenthenatureofachildwith(5)When specialhealthcareneedsor the numbernatureofachildwith specialhealthcareneedsorthenumber of childrenPage with5 specialof healthcare10 needsCoding: warrants added care, the center shall add sufficient staff as necessary.

(6) Only staff members directly providing care, supervision, or guidance to children shall be counted in the child-to-staff ratio.

The Except for transitions betweenactivitiesorclassrooms,thesamestaffmembersshallnotbeusedtomeet the ratio requirements for two different groups of children at the same time.

(7)(5) Sufficient staffing needed to satisfy child-to-staff ratios shall be present on the premises during rest time and available to assist as needed.

Children ages one and older may be grouped together at rest time with one staff member in each room supervising the resting children.

(8)(6) Information regarding required child-to-staff ratios and a phone number to file complaints regarding supervision with the Department of Education shall be posted in each classroom in a location that is visible to parents.

(9)(7) Children shall be supervised at all times including on the playground, on field trips, and on nonvehicular excursions.

(10)(8)(a) Children shall not be left alone in any room, outdoors, or in vehicles, even momentarily, without staff present.

Page 6 of 12 Coding:

SLS 26RS-831 REENGROSSED SB NO.

441 (b)ENROLLED Thechildren provisionswith ofspecial thishealthcare Paragraphneeds shallwarrants notadded applycare, to restroom use as provided in this Section, if a child is being provided services by therapeutic professionals, or if a child is in the custodycenter ofshall aadd parentsufficient orstaff legalas guardian.necessary.

(11)(9)A(6) staffOnly person shall be assigned to supervise specific childrenwhose names and whereabouts that the staff personmembers shalldirectly knowproviding andcare, withsupervision, whomor theguidance staffto personchildrenshallbecountedinthechild-to-staffratio.Thesamestaffmembersshallnot shall be physicallypresent.Staffshallused beto ablemeet tothe stateratio howrequirements manychildrenfor aretwo indifferent theirgroups careof children at allthe times.same time.

(12)(10)(a)Achildwhois(7) developmentallyablemaybepermittedtoSufficient usethestaffing restroomneeded independentlyifto asatisfy staffchild-to-staff memberratios isshall inbe proximitypresent toon andthepremisesduringresttimeand canavailable see the child to ensureassist immediateasneeded.Childrenagesone interventionand toolder safeguardmaybe agrouped childtogether fromat harmrest ortime to assist with anone accidentstaff whilemember in each room supervising the restroom.resting children.

(8) Information regarding required child-to-staff ratios and a phone number to file complaints regarding supervision with the Department of Education, as applicable, shall be posted in each classroom in a location that is visible to parents.

(9)(5) Children shall be supervised at all times including on the playground, on field trips, and on nonvehicular excursions.

(10)(6)(a) Children shall not be left alone in any room, outdoors, or in vehicles, even momentarily, without staff present.

(b) The provisions of this Paragraph shall not apply to restroom use as provided in this Section, if a child is being provided services by therapeutic professionals, or if a child is in the custody of a parent or legal guardian.

(11)(7)A staff person shall be assignedto supervise specific children whose names and whereabouts that the staff person shall know and with whom the staff personshall bephysicallypresent.

Staff shall be able to state how manychildren are in their care at all times.

(12)(8)(a) A child who is developmentally able may be permitted to use the restroom independentlyif a staff member is in proximity to and can see the child to ensure immediate intervention to safeguard a child from harm or to assist with an accident while in the restroom.

(13)(11)AchildagefiveandoldermaybepermittedtogotoandreturnfromPage the6 restroomof without10 staff.Coding:

(14)(12) If a prekindergarten program or early learning center is part of a school with children in kindergarten or older, staff shall ensure that the children enrolledintheprekindergartenprogramorearlylearningcenterarenotunsupervised in the restroom at the same time as any older children who are using the restroom.

For anyfacilityconstructedafterJanuary1, 2026, there shall be designated separate restrooms for the children enrolled in the prekindergarten program or earlylearning center.

(15)(13) Children shall be changed and cleaned immediately following a toileting accident.

B.

* * * (2) The state Department of Education shall provide the document to each earlylearningcenter and prekindergarten program no later than August first of each year.

(3) Each early learning center and public school with a prekindergarten Page 7 of 12 Coding:

SLS 26RS-831 REENGROSSED SB NO.

441 programENROLLED shall(13)(9) distributeA thechild documentage tofive the parents and legalolder guardiansmaybe ofpermitted allto childrengo enrolledto inand anreturn earlylearningfrom centerthe orrestroom prekindergartenwithout program.staff.

(14)(10) If a prekindergarten program or early learning center is part of a school with children in kindergarten or older, staff shall ensure that the children enrolledintheprekindergartenprogramorearlylearningcenterarenotunsupervised in the restroom at the same time as any older children who are using the restroom.

For anyfacilityconstructed after January1, 2026, there shall be designated separate restrooms for the children enrolled in the prekindergarten program or earlylearning center.

(15)(11) Children shall be changed and cleaned immediately following a toileting accident.

B.

* * * (2) The state Department of Education shall provide the document to each earlylearning center and prekindergarten program no later than August first of each year.

(3) Each early learning center and public school with a prekindergarten program shall distribute the document to the parents and legal guardians of all children enrolled in an earlylearning center or the prekindergarten program.

The documentation shall includethespecificstandardviolatedandanycorrectiveactiontakenandshallPage be7 posted on the corresponding school page of the10 department'sCoding: website.

(3)Words The department may issue awrittenwarning to a school, which mayare includestruck athrough correctiveactionplan,are foranydeletions violationfrom ofexisting thislaw; Sectionif theviolation does not pose an imminent threat to the health, safety, rights, or welfare of a child.

E.(1)AnonpublicschoolapprovedbytheStateBoardofElementaryandwords Secondaryin Educationboldface astype anand accreditedunderscored approvedare schooladditions. shall be exempt from the provisions of this Section if all of the following conditions apply:

SB NO.

441 ENROLLED includethespecificstandardviolatedandanycorrectiveactiontakenandshall be posted on the corresponding school page of the department's website.

(3)The departmentmay issue a written warning to a school, which may include a correctiveactionplan, forany violation of this Sectionif theviolation does not pose an imminent threat to the health, safety, rights, or welfare of a child.

E.(1)AnonpublicschoolapprovedbytheStateBoardofElementaryand Secondary Education as an accredited approved school shall be exempt from the provisions of Subsection D of this Section if all of the following conditions apply:

(b) The accrediting organization's standards include provisions addressing the supervision, health, safety, and welfare of students enrolled in a prekindergarten program operated by the accredited approved school that Pagemeet 8or ofexceed 12the Coding:child safety and welfare standards as provided in this Section.

(c) The school provides a written attestation to the state Department of Education, at the time of its annual school approval application, that the accreditingorganization'sstandardsmeetorexceedthechildsafetyandwelfare standards provided for in this Section and provides documentation from the accrediting organization supporting the attestation.

(2)(a) A nonpublic school approved by the State Board of Elementary and Secondary Education as a nonaccredited approved school shall be exempt from the provisions of Subsection D of this Section if either of the following conditions are met:

(i) All of the following criteria are met:

(aa) The school remains a member in good standing with an association or organization recognized by the State Board of Elementary and Secondary Page 8 of 10 Coding:

SLS 26RS-831 REENGROSSED SB NO.

441 meetENROLLED orEducation exceedfor the childpurposes safetyof and welfare standards as provided in this Section.

(c)(bb) The schoolassociation providesor aorganization's writtenstandards attestationinclude toprovisions addressing the Louisianasupervision, DepartmentofEducation,atthetimeofitsannualschoolapprovalapplication,health, thatsafety, theand accreditingwelfare organization'sof standardsstudents meetenrolled orin exceedaprekindergartenprogramoperatedbytheschoolthatmeetorexceedthechild the child safety andwelfarestandardsprovidedforinthisSectionandprovidesdocumentationand fromwelfare thestandards accreditingprovided organizationfor supportingin thethis attestation.Section.

(2)(cc)The A nonpublic school approvedprovides byawrittenattestationtothe thestate StateDepartmentof BoardEducation, ofat Elementary and SecondaryEducationasanonaccreditedapprovedschoolshallbeexemptfrom the provisionssame time of thisits Sectionannual ifschool theapproval nonaccreditedapplication, approvedthat schoolthe isassociation annuallyor certifiedorganization's tostandards bemeet inor complianceexceed with the child safety and welfare standards as provided for in this Section byand anprovides organizationdocumentation recognizedfrom by the Stateassociation Boardor oforganization ElementaryandSecondaryEducationformonitoringpurposespursuanttothissupporting Section.the attestation.

(3)(ii) NotwithstandingThe thestate provisionsDepartment of ParagraphsEducation (1)recommends andthat (2)approval of this Subsection, if an accreditedapprovedschoollosesitsaccreditationas provided in Paragraph (1) of this Subsection or anonaccredited approved school fails to be certifiedgrantedafteranannualreviewthatthedepartmentshallconductofeachschool asseeking providedapproval. in Paragraph (2) of this Subsection, the accredited approved school or the nonaccredited approved school shall be subject to the provisions of this Section.

F.TheStateBoardofElementaryandSecondaryEducationshalladoptThe rulesannual inreview accordancemay withinclude thesite Administrativevisits Procedureand Actshall asinclude necessarya toreview, implementat minimum, of the provisionshealth, safety, and welfare of thisprekindergarten Section.students.

(b) For the 2026-2027 school year, if an association or organization has submittedacompleteapplicationforrecognitiontothestateboardandthestate board has not acted upon the application prior to the beginning of the 2026- 2027 school year, the department shall accept the attestation submitted by the school.

(3)TheStateBoardofElementaryandSecondaryEducationmayrevoke its approval of a prekindergarten program operated by a nonpublic school at any time if the board determines that the school has jeopardized the health, safety, or welfare of its students.

F.(1) Notwithstanding any provision of law to the contrary, any school, including a nonpublic school approved by the State Board of Elementary and Secondary Education or a prekindergarten program attached thereto, that is operated by a federally recognized tribe pursuant to federal law, including the Tribally Controlled Schools Act of 1988, 25 U.S.C.

2501 et seq., is exempt from the provisions of Subsections A through E of this Section and the rules and Page 9 of 10 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

441 ENROLLED regulations adopted pursuant to R.S.

17:24.8(E).

(2) Nothing in this Subsection shall be construed to prohibit a school or prekindergartenprogramprovidedforinParagraph(1)ofthisSubsectionfrom electing to seek or obtain approval by the State Board of Elementary and Secondary Education.

G.

Notwithstanding any provision of law to the contrary, a nonpublic school that operates a prekindergarten program and that does not receive any state or federal funds from any source, whether directly or indirectly, shall be exempt from the requirements of Subsection D of this Section.

H.TheStateBoardofElementaryandSecondaryEducationshalladopt rules in accordance with the Administrative Procedure Act as necessary to implement the provisions of this Section.

If Pagevetoed 9bythe ofgovernor 12and Coding:subsequentlyapproved bythe legislature, the Act shall become effective on the dayfollowing such approval.

WordsPRESIDENT whichOF areTHE struckSENATE throughSPEAKER areOF deletionsTHE fromHOUSE existingOF law;REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

wordsPage in10 boldfaceof type10 andCoding: underscored are additions.

SLS 26RS-831 REENGROSSED SB NO.

441 vetoed bythe governor and subsequentlyapproved bythe legislature, the Act shall become effective on the dayfollowing such approval.

The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared bySenate Legislative Services.

The keyword, summary, 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)] DIGEST SB 441 Reengrossed 2026 Regular Session Mizell Present law requires the State Board of Elementary and Secondary Education (BESE) to approve any nonpublic elementary school which makes application to the board, if the school meets and maintains a sustained curriculum or specialized course of studyof quality at least equal to that prescribed for similar public schools.

Defines an elementaryschool as a school composed of anyspan of grades prekindergarten through grade eight.

Proposed law retains present law.

Proposed law provides for additional requirements for approval of a nonpublic prekindergarten program that is part of a BESE approved elementary school.

Requires the prekindergarten program to meet the requirements of present law and maintains substantial compliance with the child safety and welfare standards provided in present law.

Requires each school to attest to its compliance with the child safety and welfare standards in its annual application.

Present law provides that the youngest age at which a child may enter a public prekindergarten program is four years old bySeptember 30th of the year in which the child enrolls in prekindergarten, and for a nonpublic prekindergarten, the youngest age at which achildmayenteraprekindergartenprogramisthreeyearsoldbySeptember30thoftheyear in which the child enrolls in the program.

Proposed law retains present law.

Present law defines nonpublic prekindergarten programs as early learning centers (subject tofederaldaycareregulations),requiringlicensingandregulationinaccordancewithpresent law.

Proposed law repeals present law.

Proposedlawrequiresanyparentwhoenrollshischildinaprekindergartenprogram,public or nonpublic, to sign an acknowledgment that the parent is aware that the program is operated bya school and that the program is not licensed as an earlylearning center and not subject to federal daycare regulations.

Present law provides for child safetyand welfare minimum standards.

Proposed law retains present law standards in part, but changes the name of the standards from child safety and welfare minimum standards to child safetyand welfare standard.

Proposed law changes the child safety and welfare standards as follows:

(1) Increases the child-to-staff ratios through the 2026-2027 school year for children ages four and five and provides for child-to-staff ratios for the 2027-2028 school year and subsequent school years.

Page 10 of 12 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-831 REENGROSSED SB NO.

441 (2) Removesreferencestochildrenundertheageoftwofromthestandardsandremoves the requirement for additional staff for children with special healthcare needs warranting additional care.

(3) Makes an exception for staffing during transitions between activities.

Proposed law requires all school prekindergarten programs to comply with the child safety and welfare standards.

Provides that the Dept.

of Education is to monitor activities for compliance with the child safety and welfare standards.

Provides for violations of the standards for public and nonpublic prekindergarten programs.

Proposed law provides that public school boards are to consider the closure of public prekindergarten programs with persistent and egregious noncompliance with the standards.

Proposed law provides that the Dept.

of Education is to make a recommendation to BESE to closeanonpublic prekindergarten program with persistent andegregious noncompliance with the standards.

Proposed law requires BESE, in consultation with the Nonpublic School Commission, to adopt rules to ensure the health and safety of three-year-old children enrolled in prekindergarten at approved nonpublic elementaryschools.

Proposed law provides that certain nonpublic schools approved by the BESE are exempt from the requirements of proposed law as follows:

(1) Accredited approved schools are exempt if they maintain recognized accreditation, the accreditingstandards meet or exceed the child health and safetyrequirementsin proposed law, and the school annually submits a written attestation supporting documentation to the Dept.

of Education.

(2) Nonaccredited, approved schools are exempt if they are annually certified by a BESE-recognized organization as meeting the child health and safety standards in proposed law.

(3) Provides that any school that loses accreditation or required certification becomes subject to the provisions of proposed law.

Present law defines "camp" as any place or facility operated by any institution, society, agency, corporation, person or persons, or anyother group which serves only children five years of age or older and operates only when school is not in session during the summer months or school holidays.

Present law further exempts camps from licensing as an early learning centers (subject to federal daycare regulations) if the children being served by the camp are at least five years old.

Proposed law retains present law and changes the ageofchildrenmayattendthecampfrom age five to age three, unless the camp is operated as one of the following:

(1) Is a tax exempt church or religious organization that operates a Vacation Bible School, Bible Camp, or religious camp for children of anyage.

(2) Is onlyopenafter-schoolorweekendextracurricular,academic,orathleticprogram.

Proposed law authorizes the BESE to adopt emergency rules to implement proposed law.

Effective upon signature of the governor or lapse of time for gubernatorial action.

(Amends R.S.

17:11(B), 24.8(A), (B), and (D)(1), 407.33(1) and (5), 407.35(A), and 407.41(A), (B)(2) and (3), and (C);

adds R.S.

17:24.8(E) and 407.41(D), (E), and (F)) Page 11 of 12 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-831 REENGROSSED SB NO.

441 Summary of Amendments Adopted by Senate Senate Floor Amendments to engrossed bill 1.

Adds exemptions for certain nonpublic schools is they are accredited or certified by BESE.

2.

Requires BESE to adopt rules for three-year-olds.

3.

Makes technical changes.

Page 12 of 12 Coding: