Struck = removed from the bill ·
added = the amendment's new text.
SFLBSB441 2395 1697 SENATE FLOOR AMENDMENTS Regular Session ENROLLEDAmendments SENATEproposed BILLbySenator NO.Miller on behalf of the Legislative Bureau to Engrossed Senate Bill No.
441 BYby SENATORSenator MIZELLMizell ANDAMENDMENT REPRESENTATIVENO. BAYHAM AN ACT To amend and reenact R.S.
17:11(B),1 24.8(A),On (B),page and4, (D)(1),line 407.33(1)13, and (5),before 407.35(A),"U.S.C." andinsert 407.41(A),"26" (B)(2)Page and1 (3),of and1 (C) and to enact R.S.
17:24.8(E) and 407.41(D), (E), and (F), relative to programs for prekindergarten-aged children;
to provide for nonpublic andpublicprekindergartenprograms;toprovideforapproval of nonpublic prekindergarten programs;
to provide for child safety and welfare standards;toprovideforviolations;toprovideforcamps;toprovideforexemptions;
to provide for rulemaking;
to provide for terms, definitions, conditions, and procedures;
to provide for an effective date;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
17:11(B), 24.8(A), (B), and (D)(1), 407.33(1) and (5), 407.35(A), 407.41(A), (B)(2) and (3), and (C) are herebyamended and reenacted and R.S.
17:24.8(E) and 407.41(D), (E), and (F) are herebyenacted to read as follows:
§11.
Approval of nonpublic schools by board * * * B.(1)Theboardshallapproveanynonpublicelementaryorsecondaryschool which makes application therefor on a form furnished by the board, if such school meetsandmaintains asustainedcurriculumorspecializedcourseofstudyofquality at least equal to that prescribed for similar public schools.
(2) The board shall approve a prekindergarten program developed by a nonpublic school pursuant to R.S.
17:24.8 if the program meets the requirementsofthisSubsectionandmaintainssubstantial compliancewiththe child safetyandwelfarestandards provided forin R.S.
17:407.41.In itsannual application,eachnonpublicschoolshallattesttotheprekindergartenprogram's compliance with the child safety and welfare standards.
* * * §24.8.
Prekindergarten programs Page 1 of 10 Coding:
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SB NO.
441 ENROLLED A.(1) Each city, parish, or other local public school board may develop and offer prekindergarten instruction.
The youngest age at which a child may enter prekindergarten provided for bythis Subsection Paragraph shall be four years old by September thirtieth of the year in which the child enrolls in prekindergarten.
(2) All public prekindergarten programs shall comply with the child safety and welfare minimum standards provided for in R.S.
17:407.41.
The governing authorityof any approved nonpublic elementary school may develop and offer prekindergarten instruction.
The youngest age at which a child may enter prekindergarten provided for by this Paragraph shall be three years old by September thirtieth of the year in which the child enrolls in prekindergarten.
(3) Any parent who chooses to enroll his child in a prekindergarten programauthorizedpursuanttothisSubsectionshallbeprovidedthefollowing information:
(a) The prekindergarten program is operated by a school.
(b) The prekindergarten program is not either of the following:
(i) Subject to federal daycare regulations pursuant to 45 CFR 98, or its successor.
(ii)Licensedbythedepartmentasanearlylearningcenterinaccordance with the provisions of R.S.
17:407.31 et seq.
(c) The monitoring and complaint processes as provided in R.S.
17:407.41 for compliance with the child safety and welfare standards.
B.
Except as otherwise provided by law, all prekindergarten programs shall comply with the child safety and welfare standards provided for in R.S.
17:407.41.
(1) The governing authority of any approved nonpublic elementary school may develop and offer prekindergarten instruction.
The youngest age at which a child mayenter prekindergarten provided for bythis Subsection shall be three years old by September thirtieth of the year in which the child enrolls in prekindergarten.
If a public prekindergarten program demonstrates persistent or egregious noncompliancewiththechildsafetyandwelfarestandardsprovidedforinR.S.
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SB NO.
441 ENROLLED 17:407.41, a city, parish, or other local public school board shall consider closure of the program or other measures deemed necessary to protect the safety and welfare of prekindergarten children enrolled in the program at a meeting held in accordance with the Open Meetings Law, R.S.
42:11 et seq.
(2) All nonpublic prekindergarten programs shall be licensed as an early learning center pursuant to Part X-B of this Chapter.
Notwithstanding the provisions of R.S.
17:11(B)(2), if a nonpublic school operating a prekindergartenprogramdemonstratespersistentoregregiousnoncompliance with the child safety and welfare standards provided for in R.S.
17:407.41, the departmentshallmakearecommendationtotheStateBoardofElementaryand Secondary Education to deny the approval request for a prekindergarten program for the subsequent school year unless substantive assurance is provided by the school that it will comply with the child safety and welfare standards.
* * * D.(1) Beginning with the 2023-2024 school year, each city, parish, or other localpublicschoolboardshallworkto developamixedproviderdeliverymodelfor full-day, year-round, high-qualityprekindergarten instruction to each child residing within the boundaries of the school district who is eligible for a prekindergarten program pursuant to Subsection A Paragraph (A)(1) of this Section.
* * * E.
The State Board of Elementary and Secondary Education, in consultation with the Nonpublic School Commission, shall adopt rules and regulations to protect the health and safety of three-year-old children who attend prekindergarten at an approved nonpublic elementary school.
* * * §407.33.
Definitions AsusedinthisPart,thefollowingtermshavethefollowingmeanings unless the context clearly indicates otherwise:
(1) "Camp" means any place or facility operated by any institution, society, Page 3 of 10 Coding:
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SB NO.
441 ENROLLED agency, corporation, person or persons, or any other group which meets any of the following:
(a) serves Serves only children five three years of age or older and operates only when school is not in session during the summer months or school holidays including but not limited to a Vacation Bible School or Bible Camp.
(b) Is a tax exempt church or religious organization in accordance with 26 U.S.C.
501(c) of the Internal Revenue Code that operates a Vacation Bible School, Bible Camp, or religious camp for children of any age.
(c)Operatesonlyanafter-schoolorweekendextracurricular,academic, or athletic program, including any competition related to the program, or an after-school or weekend tutoring program or other educational or enrichment program authorized by this Title.
* * * (5)"Earlylearningcenter"meansanychilddaycarecenter,EarlyHeadStart Center,HeadStartCenter,ornonpublicprekindergartenprogramstand-aloneearly learning program that is not part of an elementary school as defined in R.S.
17:236.
* * * §407.35.
Exemptions from licensure requirements 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.
However,allschoolprekindergartenprogramsshallcomplywiththechildsafetyand welfare minimum standards provided for in R.S.
17:407.41.
* * * §407.41.
Child safety and welfare minimum standards A.
In addition to regulations promulgated by the State Board of Elementary and SecondaryEducation pursuant to R.S.
17:407.40, all early learning centers and Page 4 of 10 Coding:
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SB NO.
441 ENROLLED All school prekindergarten programs established 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) 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.
(4)Whenamixedagegroupincludeschildrenyoungerthanagetwo,theage of the youngest child determines the child-to-staff ratio for the group.
(5)When the natureofachildwith specialhealthcareneedsorthenumber of Page 5 of 10 Coding:
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SB NO.
441 ENROLLED children with special healthcare needs warrants added care, the center shall add sufficient staff as necessary.
(6) Only staff members directly providing care, supervision, or guidance to childrenshallbecountedinthechild-to-staffratio.Thesamestaffmembersshallnot be used to meet the ratio requirements for two different groups of children at the same time.
(7) Sufficient staffing needed to satisfy child-to-staff ratios shall be present on thepremisesduringresttimeand available to assist asneeded.Childrenagesone and older maybe grouped together at rest time with one staff member in each room supervising the 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.
(b) An individual who is not a staff member maynot enter the restroom area while in use by any child other than his own child.
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SB NO.
441 ENROLLED (13)(9) A child age five and older maybe permitted to go to and return from the restroom without 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.
* * * C.ThestateDepartmentofEducationshallprovidewrittennotificationtothe superintendent of a school district or the governing authority of a nonpublic or charter school for any complaint received by the department regarding a prekindergarten program in the school or district pursuant to this Section.
D.(1) The state Department of Education shall conduct monitoring activitiesforcompliancewiththechildsafetyandwelfarestandardsasprovided in this Section.
Monitoring activities shall include an annual unannounced site visitandpromptresponsetoreportsofnoncompliancewiththechildsafetyand welfare standards.
(2) Any violation of the child safety and welfare standards provided in this Section shall be documented by the department.
The documentation shall Page 7 of 10 Coding:
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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:
(a) The school maintains accreditation in good standing with an accreditation organization recognized by the State Board of Elementary and Secondary Education for the purpose of school approval.
(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 meet or exceed the 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:
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SB NO.
441 ENROLLED Education for the purposes of this Section.
(bb) The association or organization's standards include provisions addressing the supervision, health, safety, and welfare of students enrolled in aprekindergartenprogramoperatedbytheschoolthatmeetorexceedthechild safety and welfare standards provided for in this Section.
(cc)The school provides awrittenattestationtothe state Departmentof Education, at the same time of its annual school approval application, that the association or organization's standards meet or exceed the child safety and welfare standards provided for in this Section and provides documentation from the association or organization supporting the attestation.
(ii) The state Department of Education recommends that approval be grantedafteranannualreviewthatthedepartmentshallconductofeachschool seeking approval.
The annual review may include site visits and shall include a review, at minimum, of the health, safety, and welfare of prekindergarten 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:
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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.
Section 2.
Notwithstanding any provision of law to the contrary, the State Board of Elementary and Secondary Education may adopt emergency rules in accordance with the Administrative Procedure Act to implement the provisions of this Act.
Section 3.
This Act shall become effective upon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governor and subsequentlyapproved bythe legislature, the Act shall become effective on the dayfollowing such approval.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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