SB 441

2026 Regular Session  ENROLLED
  ACT No. 587
 SENATE BILL NO. 441
 BY SENATOR MIZELL AND REPRESENTATIVE BAYHAM
1AN ACT
2 To amend and reenact R.S. 17:11(B), 24.8(A), (B), and (D)(1), 407.33(1) and (5),
3407.35(A), and 407.41(A), (B)(2) and (3), and (C) and to enact R.S. 17:24.8(E) and
4407.41(D), (E), and (F), relative to programs for prekindergarten-aged children; to
5provide for nonpublic and public prekindergarten programs; to provide for approval
6of nonpublic prekindergarten programs; to provide for child safety and welfare
7standards; to provide for violations; to provide for camps; to provide for exemptions;
8to provide for rulemaking; to provide for terms, definitions, conditions, and
9procedures; to provide for an effective date; and to provide for related matters.
10 Be it enacted by the Legislature of Louisiana:
11Section 1. R.S. 17:11(B), 24.8(A), (B), and (D)(1), 407.33(1) and (5), 407.35(A),
12 407.41(A), (B)(2) and (3), and (C) are hereby amended and reenacted and R.S. 17:24.8(E)
13 and 407.41(D), (E), and (F) are hereby enacted to read as follows:
14§11. Approval of nonpublic schools by board
15*      *       *
16B.(1) The board shall approve any nonpublic elementary or secondary school
17which makes application therefor on a form furnished by the board, if such school
18meets and maintains a sustained curriculum or specialized course of study of quality
19at least equal to that prescribed for similar public schools.
20(2) The board shall approve a prekindergarten program developed by
21a nonpublic school pursuant to R.S. 17:24.8 if the program meets the
22requirements of this Subsection and maintains substantial compliance with the
23child safety and welfare standards provided for in R.S. 17:407.41. In its annual
24application, each nonpublic school shall attest to the prekindergarten program's
25compliance with the child safety and welfare standards.
26*      *       *
27§24.8. Prekindergarten programs
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1A.(1) Each city, parish, or other local public school board may develop and
2offer prekindergarten instruction. The youngest age at which a child may enter
3prekindergarten provided for by this Subsection Paragraph shall be four years old
4by September thirtieth of the year in which the child enrolls in prekindergarten.
5(2) All public prekindergarten programs shall comply with the child safety
6and welfare minimum standards provided for in R.S. 17:407.41. The governing
7authority of any approved nonpublic elementary school may develop and offer
8prekindergarten instruction. The youngest age at which a child may enter
9prekindergarten provided for by this Paragraph shall be three years old by
10September thirtieth of the year in which the child enrolls in prekindergarten.
11(3) Any parent who chooses to enroll his child in a prekindergarten
12program authorized pursuant to this Subsection shall be provided the following
13information:
14(a) The prekindergarten program is operated by a school.
15(b) The prekindergarten program is not either of the following:
16(i) Subject to federal daycare regulations pursuant to 45 CFR 98, or its
17successor.
18(ii) Licensed by the department as an early learning center in accordance
19with the provisions of R.S. 17:407.31 et seq.
20(c) The monitoring and complaint processes as provided in R.S.
2117:407.41 for compliance with the child safety and welfare standards.
22B. Except as otherwise provided by law, all prekindergarten programs
23shall comply with the child safety and welfare standards provided for in R.S.
2417:407.41.
25(1) The governing authority of any approved nonpublic elementary school
26may develop and offer prekindergarten instruction. The youngest age at which a
27child may enter prekindergarten provided for by this Subsection shall be three years
28old by September thirtieth of the year in which the child enrolls in prekindergarten.
29If a public prekindergarten program demonstrates persistent or egregious
30noncompliance with the child safety and welfare standards provided for in R.S.
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117:407.41, a city, parish, or other local public school board shall consider
2closure of the program or other measures deemed necessary to protect the
3safety and welfare of prekindergarten children enrolled in the program at a
4meeting held in accordance with the Open Meetings Law, R.S. 42:11 et seq.
5(2) All nonpublic prekindergarten programs shall be licensed as an early
6learning center pursuant to Part X-B of this Chapter. Notwithstanding the
7provisions of R.S. 17:11(B)(2), if a nonpublic school operating a
8prekindergarten program demonstrates persistent or egregious noncompliance
9with the child safety and welfare standards provided for in R.S. 17:407.41, the
10department shall make a recommendation to the State Board of Elementary and
11Secondary Education to deny the approval request for a prekindergarten
12program for the subsequent school year unless substantive assurance is
13provided by the school that it will comply with the child safety and welfare
14standards.
15*      *       *
16D.(1) Beginning with the 2023-2024 school year, each city, parish, or other
17local public school board shall work to develop a mixed provider delivery model for
18full-day, year-round, high-quality prekindergarten instruction to each child residing
19within the boundaries of the school district who is eligible for a prekindergarten
20program pursuant to Subsection A Paragraph (A)(1) of this Section.
21*      *       *
22E. The State Board of Elementary and Secondary Education, in
23consultation with the Nonpublic School Commission, shall adopt rules and
24regulations to protect the health and safety of three-year-old children who
25attend prekindergarten at an approved nonpublic elementary school.
26*      *       *
27§407.33. Definitions
28As used in this Part, the following terms have the following meanings unless
29the context clearly indicates otherwise:
30(1) "Camp" means any place or facility operated by any institution, society,
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1agency, corporation, person or persons, or any other group which meets any of the
2following:
3(a) serves Serves only children five three years of age or older and operates
4only when school is not in session during the summer months or school holidays
5including but not limited to a Vacation Bible School or Bible Camp.
6(b) Is a tax exempt church or religious organization in accordance with
726 U.S.C. 501(c) of the Internal Revenue Code that operates a Vacation Bible
8School, Bible Camp, or religious camp for children of any age.
9(c) Operates only an after-school or weekend extracurricular, academic,
10or athletic program, including any competition related to the program, or an
11after-school or weekend tutoring program or other educational or enrichment
12program authorized by this Title.
13*       *      *
14(5) "Early learning center" means any child day care center, Early Head Start
15Center, Head Start Center, or nonpublic prekindergarten program stand-alone early
16learning program that is not part of an elementary school as defined in R.S.
1717:236.
18*       *      *
19§407.35. Exemptions from licensure requirements
20A. The provisions of this Part shall not apply to grades kindergarten and
21above, prekindergarten programs attached to a nonpublic or public day school
22serving children in grades kindergarten and above, Louisiana Montessori
23accredited or provisionally accredited approved schools, camps, registered family
24child day care homes, mother's day out programs, and care given without charge.
25However, all school prekindergarten programs shall comply with the child safety and
26welfare minimum standards provided for in R.S. 17:407.41.
27*       *      *
28§407.41. Child safety and welfare minimum standards
29A. In addition to regulations promulgated by the State Board of Elementary
30and Secondary Education pursuant to R.S. 17:407.40, all early learning centers and
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1All school prekindergarten programs established pursuant to R.S. 17:24.8 shall,
2at a minimum, meet the following minimum standards to ensure the safety and
3welfare of children:
4(1) There shall be a minimum of two staff members present at any facility
5when more than four children are present, except under an extenuating circumstance
6that temporarily prevents compliance with this Paragraph.
7(2) The child-to-staff ratios shall not exceed the following:
8(a) Infants and under one year - 5 to 1
9(b) One year - 7 to 1
10(c) Two years - 10 to 1
11(d) Three years - 13 to 1
12(e) Four years - 15 to 1
13(f) Five years - 19 to 1
14(a) The child-to-staff ratios shall be in compliance with those set in rules
15that the State Board of Elementary and Secondary Education shall adopt for
16this purpose. The rules shall provide ratio requirements for prekindergarten
17students who are three years old, four years old, and five years old in order to
18provide for the health, safety, and welfare of those students. Both public and
19nonpublic schools operating prekindergarten programs shall comply with the
20ratio requirements provided in these rules.
21(b) The rules may be waived if the state board determines, upon clear
22and convincing evidence, that the demonstrated economic impact is sufficiently
23great to make compliance impractical for the school despite diligent efforts, and
24that alternative means have been put in place that ensure the health, safety, and
25well-being of students and staff.
26(3) An average of the child-to-staff ratios may be applied to mixed age
27groups of children only for groups that include no children under the age of two.
28(4) When a mixed age group includes children younger than age two, the age
29of the youngest child determines the child-to-staff ratio for the group.
30(5)When the nature of a child with special healthcare needs or the number of
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1children with special healthcare needs warrants added care, the center shall add
2sufficient staff as necessary.
3(6) Only staff members directly providing care, supervision, or guidance to
4children shall be counted in the child-to-staff ratio. The same staff members shall not
5be used to meet the ratio requirements for two different groups of children at the
6same time.
7(7) Sufficient staffing needed to satisfy child-to-staff ratios shall be present
8on the premises during rest time and available to assist as needed. Children ages one
9and older may be grouped together at rest time with one staff member in each room
10supervising the resting children.
11(8) Information regarding required child-to-staff ratios and a phone number
12to file complaints regarding supervision with the Department of Education, as
13applicable, shall be posted in each classroom in a location that is visible to parents.
14(9)(5) Children shall be supervised at all times including on the playground,
15on field trips, and on nonvehicular excursions.
16(10)(6)(a) Children shall not be left alone in any room, outdoors, or in
17vehicles, even momentarily, without staff present.
18(b) The provisions of this Paragraph shall not apply to restroom use as
19provided in this Section, if a child is being provided services by therapeutic
20professionals, or if a child is in the custody of a parent or legal guardian.
21(11)(7) A staff person shall be assigned to supervise specific children whose
22names and whereabouts that the staff person shall know and with whom the staff
23person shall be physically present. Staff shall be able to state how many children are
24in their care at all times.
25(12)(8)(a) A child who is developmentally able may be permitted to use the
26restroom independently if a staff member is in proximity to and can see the child to
27ensure immediate intervention to safeguard a child from harm or to assist with an
28accident while in the restroom.
29(b) An individual who is not a staff member may not enter the restroom area
30while in use by any child other than his own child.
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1(13)(9) A child age five and older may be permitted to go to and return from
2the restroom without staff.
3(14)(10) If a prekindergarten program or early learning center is part of a
4school with children in kindergarten or older, staff shall ensure that the children
5enrolled in the prekindergarten program or early learning center are not unsupervised
6in the restroom at the same time as any older children who are using the restroom.
7For any facility constructed after January 1, 2026, there shall be designated separate
8restrooms for the children enrolled in the prekindergarten program or early learning
9center.
10(15)(11) Children shall be changed and cleaned immediately following a
11toileting accident.
12B.  *       *       *
13(2) The state Department of Education shall provide the document to each
14early learning center and prekindergarten program no later than August first of each
15year.
16(3) Each early learning center and public school with a prekindergarten
17program shall distribute the document to the parents and legal guardians of all
18children enrolled in an early learning center or the prekindergarten program.
19*       *       *
20C. The state Department of Education shall provide written notification to the
21superintendent of a school district or the governing authority of a nonpublic or
22charter school for any complaint received by the department regarding a
23prekindergarten program in the school or district pursuant to this Section.
24D.(1) The state Department of Education shall conduct monitoring
25activities for compliance with the child safety and welfare standards as provided
26in this Section. Monitoring activities shall include an annual unannounced site
27visit and prompt response to reports of noncompliance with the child safety and
28welfare standards.
29(2) Any violation of the child safety and welfare standards provided in
30this Section shall be documented by the department. The documentation shall
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1include the specific standard violated and any corrective action taken and shall
2be posted on the corresponding school page of the department's website.
3(3) The department may issue a written warning to a school, which may
4include a corrective action plan, for any violation of this Section if the violation
5does not pose an imminent threat to the health, safety, rights, or welfare of a
6child.
7E.(1) A nonpublic school approved by the State Board of Elementary and
8Secondary Education as an accredited approved school shall be exempt from
9the provisions of Subsection D of this Section if all of the following conditions
10apply:
11(a) The school maintains accreditation in good standing with an
12accreditation organization recognized by the State Board of Elementary and
13Secondary Education for the purpose of school approval.
14(b) The accrediting organization's standards include provisions
15addressing the supervision, health, safety, and welfare of students enrolled in
16a prekindergarten program operated by the accredited approved school that
17meet or exceed the child safety and welfare standards as provided in this
18Section.
19(c) The school provides a written attestation to the state Department of
20Education, at the time of its annual school approval application, that the
21accrediting organization's standards meet or exceed the child safety and welfare
22standards provided for in this Section and provides documentation from the
23accrediting organization supporting the attestation.
24(2)(a) A nonpublic school approved by the State Board of Elementary
25and Secondary Education as a nonaccredited approved school shall be exempt
26from the provisions of Subsection D of this Section if either of the following
27conditions are met:
28(i) All of the following criteria are met:
29(aa) The school remains a member in good standing with an association
30or organization recognized by the State Board of Elementary and Secondary
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1Education for the purposes of this Section.
2(bb) The association or organization's standards include provisions
3addressing the supervision, health, safety, and welfare of students enrolled in
4a prekindergarten program operated by the school that meet or exceed the child
5safety and welfare standards provided for in this Section.
6(cc) The school provides a written attestation to the state Department of
7Education, at the same time of its annual school approval application, that the
8association or organization's standards meet or exceed the child safety and
9welfare standards provided for in this Section and provides documentation
10from the association or organization supporting the attestation.
11(ii) The state Department of Education recommends that approval be
12granted after an annual review that the department shall conduct of each school
13seeking approval. The annual review may include site visits and shall include
14a review, at minimum, of the health, safety, and welfare of prekindergarten
15students.
16(b) For the 2026-2027 school year, if an association or organization has
17submitted a complete application for recognition to the state board and the state
18board has not acted upon the application prior to the beginning of the 2026-
192027 school year, the department shall accept the attestation submitted by the
20school.
21(3) The State Board of Elementary and Secondary Education may revoke
22its approval of a prekindergarten program operated by a nonpublic school at
23any time if the board determines that the school has jeopardized the health,
24safety, or welfare of its students.
25F.(1) Notwithstanding any provision of law to the contrary, any school,
26including a nonpublic school approved by the State Board of Elementary and
27Secondary Education or a prekindergarten program attached thereto, that is
28operated by a federally recognized tribe pursuant to federal law, including the
29Tribally Controlled Schools Act of 1988, 25 U.S.C. 2501 et seq., is exempt from
30the provisions of Subsections A through E of this Section and the rules and
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1regulations adopted pursuant to R.S. 17:24.8(E).
2(2) Nothing in this Subsection shall be construed to prohibit a school or
3prekindergarten program provided for in Paragraph (1) of this Subsection from
4electing to seek or obtain approval by the State Board of Elementary and
5Secondary Education.
6G. Notwithstanding any provision of law to the contrary, a nonpublic
7school that operates a prekindergarten program and that does not receive any
8state or federal funds from any source, whether directly or indirectly, shall be
9exempt from the requirements of Subsection D of this Section.
10H. The State Board of Elementary and Secondary Education shall adopt
11rules in accordance with the Administrative Procedure Act as necessary to
12implement the provisions of this Section.
13Section 2. Notwithstanding any provision of law to the contrary, the State Board of
14 Elementary and Secondary Education may adopt emergency rules in accordance with the
15 Administrative Procedure Act to implement the provisions of this Act.
16Section 3. This Act shall become effective upon signature by the governor or, if not
17 signed by the governor, upon expiration of the time for bills to become law without signature
18 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
19 vetoed by the governor and subsequently approved by the legislature, the Act shall become
20 effective on the day following such approval.
  PRESIDENT OF THE SENATE
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
  GOVERNOR OF THE STATE OF LOUISIANA
 APPROVED:
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