Louisiana Administrative Code
Title 28 - EDUCATION
Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations
Chapter 1 - General Provisions
Section CLXI-103 - Definitions
Current through Register Vol. 50, No. 9, September 20, 2024
Academic Approval-verification by the department that a type III early learning center is meeting the performance and academic standards required in Bulletin 140-The Louisiana Early Childhood Care and Education Network.
Anniversary Date- the last day of the month in which the centers original license was issued and the date by which the license must be renewed each year.
APA- Louisiana Administrative Procedure Act found at R.S. 49:950 et seq.
Behavior Management-the ongoing positive process of helping children develop inner control so that they can manage their own behavior in an appropriate and acceptable manner by using corrective action to change the inappropriate behavior.
Biocontaminants-any biological contaminant that includes blood and any bodily fluids, excretions, or waste that may spread infectious disease.
BESE- Louisiana state Board of Elementary and Secondary Education.
Bureau- Louisiana Bureau of Criminal Identification and Information, part of the Office of State Police within the Department of Public Safety and Corrections.
Bus Monitors-staff with specific transportation-related responsibilities that include assisting the driver in ensuring the safety of children while they ride in, board, or exit a vehicle, and during transportation emergencies.
Camp- any place or center operated by any institution, society, agency, corporation, person or persons, or any other group that serves only children ages five and older and operates only when schools are not in session for the summer months or school holidays.
Capacity-the number of children the provider is licensed to care for at any given time as determined by the Licensing Division.
Care for Children with Disabilities-for licensing purposes, child care for a child birth through age 17 who has a current individualized family services plan (IFSP) or individual education plan (IEP) in accordance with the Individuals with Disabilities Education Act (IDEA) or who receives Supplemental Security Income (SSI).
CBC- Repealed.
CCCBC-child care criminal background check.
Center- see early learning center.
Center Staff- see staff.
Change of Location- change in physical address/location of the center.
Change of Ownership- a transfer of ownership of a currently licensed center that is in operation and caring for children, to another entity without a break in service to the children currently enrolled.
Child-person who has not reached age 13, or a person with disabilities who has not yet reached age 18.
Child Care Criminal Background Check (CCCBC)-information received by the department upon request for information pursuant to requirements set forth in R.S. 17:407.42, 45 CFR 98.43(b), and Chapter 18 of this Bulletin.
Child Care Criminal Background Check (CCCBC)-information received by the department upon request for information pursuant to requirements set forth in R.S. 17:407.42, 45 CFR 98.43(b), and Chapter 18 of this Bulletin.
Child Care Health Consultant-qualified health and safety professional approved by LDH to provide training, consultation, and technical assistance to in- and out-of-home child care facilities and early childhood education staff (and parents) on health and safety topics.
Child Care Market Rate Survey-a survey that measures the prices charged by child care providers and paid by parents in a given child care market. The Child Care and Development Fund Programs require states to conduct child care market rate surveys.
Child Care Purposes-for early learning centers, child care purposes are owning, operating or participating in the governance of an early learning center; being hired by an early learning center as a volunteer, staff member, employee or independent contractor of any kind; or being present at an early learning center when not exempt from the requirement for a CCCBC-based determination of eligibility for child care purposes.
Child Day Care Center-in accordance with R.S. 17:407.33(3), any place or center operated by any institution, political subdivision, society, agency, corporation, person or persons, or any other group for the purpose of providing care, supervision, and guidance of seven or more children, not including those related to the caregiver, unaccompanied by parent or legal custodian, on a regular basis for at least 12 1/2 hours in a continuous 7-day week.
1. If a child day care center provides transportation or arranges for transportation to and from the center, either directly or by contract with third parties, all hours that a child is being transported shall be included in the calculation of the hours of operation.
2. A child day care center that remains open for more than 12 1/2 hours in a continuous 7-day week, and in which no individual child remains for more than 24 hours in one continuous stay shall be known as a full-time child day care center.
3. A child day care center that remains open after 9 p.m. shall meet the appropriate regulations established for nighttime care.
Child Safety Alarm- an ignition-based alarm system that voice prompts the driver to inspect the vehicle for children before exiting the vehicle.
Clock Hour- 60 minutes.
Complaint- an allegation that an owner, provider, or staff person is violating any provision of these standards or laws, or engaging in conduct, either by omission or commission, that negatively affects the health, safety, or well-being of any child for which the provider has responsibility.
Criminal Background Check (CBC)-Repealed.
Department-Louisiana Department of Education, also referenced as LDOE or LDE.
Independent Contractors-individuals who are not employees of the center, but who render professional, therapeutic, or enrichment services within an early learning center Independent contractors include, but are not limited to, dance instructors, gymnastic or sports instructors, computer instructors, speech therapists, nutritionists, early interventionists, nurses and other licensed health care professionals, local school district staff, departmental staff other than those responsible for inspecting centers, contracted bus drivers, cafeteria and maintenance personnel, electricians, plumbers and photographers, and other outside contractors.
Infant-a child who has not yet reached his/her first birthday.
Key Orientation Training Module 1-a self-paced, online training provided by the department for new early learning staff that addresses early childhood professionalism, health and safety, licensing and hazards.
Key Orientation Training Module 2-a self-paced, online training provided by the department for new early learning staff that addresses child development, early learning and development standards (ELDS), and learning activities.
Key Orientation Training Module 3-a self-paced, online training provided by the department for new early learning staff that addresses teacher-child interaction, child guidance, and classroom management.
LDH-Louisiana Department of Health.
License-any license issued by the department to operate an early learning center.
License Type-the type of license applied for or held by an early learning center, which include type I, type II, and type III licenses.
Local Education Agency (LEA)-a public board of education or other public authority legally constituted within the state either to provide administrative control or directions of, or perform a service function for, public elementary and secondary schools in a city, parish, school district, or other political subdivision of the state. The term includes an educational service agency and any other public institution or agency having administrative control and direction of a public elementary or secondary school, including a public charter school that is established as an LEA under state law.
Licensing Division-Repealed.
Mandated Reporter-professionals who may work with children in the course of their professional duties and who consequently are required to report all suspected cases of child abuse and neglect. This includes any person who provides training or supervision of a child, such as a public or private school teacher, teacher's aide, instructional aide, school principal, school staff member, social worker, probation officer, any other child care institution staff member, licensed or unlicensed day care provider, any individual who provides such services to a child, or any other person made a mandatory reporter under Children's Code article 603 or other applicable law.
Medication-all internally and externally administered drugs, whether over-the-counter or prescribed.
Monitor-see bus monitors or monitor of a provisionally employed staff member.
Monitor of a Provisionally Employed Staff Member-an adult staff member for whom a center has a CCCBC-based determination of eligibility for child care purposes (or prior to October 1, 2018, a satisfactory CBC), who is designated by the center to monitor a specific person or persons who are provisionally employed staff members at the center.
Nighttime Care-care provided after 9 p.m. and prior to 5 a.m. in which no individual child remains for more than 24 hours in one continuous stay.
Non-Vehicular Excursion-any activity that takes place outside of the licensed area that is within a safe, reasonable, walking distance, and that does not require transportation in a motor vehicle. This does not include walking with children to and from schools.
Notice-written notice to an early learning center is considered given:
1. when it is sent by email or fax to the email address or fax number furnished by the center on the center's current application for licensure or renewal;
2. when it is hand-delivered to a staff member at the center; or
3. on the fifth calendar day after it was mailed to the mailing address furnished by the center on the center's current application for licensure or renewal.
Office of Early Childhood -Repealed.
Office of Public Health-Louisiana Department of Health, Office of Public Health.
OSFM-Office of the State Fire Marshal
Office of Public Health-Louisiana Department of Health, Office of Public Health.
Owner or Operator- the individual who exercises ownership or control over an early learning center, whether such ownership or control is direct or indirect.
Parent-parent or legal custodian.
Posted-prominently displayed in a conspicuous location in an area accessible to and regularly used by parents.
Prekindergarten Programs-
1. per R.S. 17:24.8(A), the youngest age at which a child may enter prekindergarten at a local public school is four years on or before September 30 of the calendar year in which the school year begins;
2. per R.S. 17:24.8(B), the youngest age at which a child may enter prekindergarten at a BESE-approved nonpublic school is 3 years old by September 30 of the year in which the child enrolls in prekindergarten.
Premises- buildings and land upon which buildings sit, including but not limited to play yards and parking areas.
Providers-all owners, operators and directors of a center
Provisionally Employed Staff Members-a person for whom the center has requested a CCCBC-based determination of eligibility for child care purposes, and for whom the LDOE has received a satisfactory fingerprint-based Louisiana or federal criminal history information record, who is temporarily employed and monitored by the center pending the LDOE receipt of the other CCCBC results and determination of the person's eligibility for child care purposes or as otherwise determined by the LDOE in §1804 of this Part.
Quiet Time-a period when children who are in full-time care are provided an appropriate environment for rest or quiet play, such as a child reading a book on a mat.
Related- or Relative- natural or adopted child or grandchild of the caregiver or a child in legal custody of caregiver.
Rest Time-a daily period for children over age 12 months during which children are placed on mats or cots or in cribs as age appropriate.
Right to Review (RTR)-Repealed.
Special Needs Care -for licensing purposes, child care for a child birth through age 17 who has a current individualized family services plan (IFSP) or individual education plan (IEP) in accordance with the Individuals with Disabilities Education Act (IDEA) or who receives supplemental security income (SSI).
Staff-all full-time or part-time, paid or non-paid individuals that perform services for the early learning center and have direct or indirect contact with children at the center Staff includes the director, child care staff, and any other employees at the center such as the cook, housekeeper, driver, substitutes, secretary, bookkeeper, and foster grandparents, but does not include extra-curricular personnel, therapeutic professionals and other independent contractors.
Staff-in-Charge -the on-site staff member appointed by the director as responsible for supervising the operation of the center during the temporary absence of less than 11 consecutive business days of the director or during nighttime hours.
State Central Registry- repository within the Louisiana Department of Children and Family Services (DCFS) that identifies any individual reported to have a justified (valid) finding of abuse or neglect of a child or children by DCFS.
State Superintendent- Louisiana state superintendent- of education.
Student Trainee-a student who is at least age 16 and present in the center as an educational course requirement. A student trainee shall not be left alone with children and shall not be counted in the child to staff ratio.
Supervision-the function of observing, overseeing, and guiding a child or group of children, that includes awareness of and responsibility for the ongoing activity of each child and being near enough to intervene if needed. Supervision requires physical presence with visual contact, accountability for care of the children, knowledge of activity requirements, and knowledge of the abilities and needs of the children.
Supplement-herbal or other dietary, nutritional, or other food or medical supplement administered to be ingested by children orally, in aerosol form, or in any other manner
Temporary Absence-absence for running errands, attending conferences, etc.
Temporary Absence- absence for running errands, attending conferences, etc.
Therapeutic Professionals-independent contractors who provide therapeutic services in an early learning center, including but not limited to speech therapists, nutritionists, early interventionists, nurses and other licensed health care professionals who are employed by a local school district or the Department of Health (LDH) or who are working pursuant to an Early Steps contract with LDH, to provide therapeutic services in an early learning center to a child with a disability that has an active individual education plan (IEP) or individual family service plan (IFSP). Therapeutic professionals are not required to be under the supervision of center staff when providing such services.
Time-Out-technique for temporarily separating a child when inappropriate behavior has occurred, and is intended to give a child time to calm down, thereby discouraging such behavior.
Transportation-the arranging or providing of transportation of children, whether center-provided or contract-provided, for any reason, including daily transportation, transportation for field trips, including parent-provided transportation for field trips, or transportation for any other activity that takes place away from the licensed center.
Unlicensed Operation-the operation of any early learning center at any location, without a valid current license issued by the Louisiana Department of Education, Licensing Division.
Visitor- anyone who enters an early learning center other than the parent of an enrolled child, center staff, volunteers, extracurricular personnel, therapeutic professionals and other independent contractors, and in the case of a church or school, any other routine employees, including but not limited to a pastor, principal or teacher.
Volunteer-a full or part-time non-paid staff member.
Water Activity-a water-related activity in which children are in, on, near and accessible to, or immersed in, a body of water, including but not limited to a swimming pool, wading pool, water park, river, lake, or beach.
Water Play Activity-water-related activity in which there is no standing water, including but not limited to fountains, sprinklers, water slip-and-slides and water tables.
Written-includes hard-copies and electronic form.
AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6 and 17:407.31 et seq.
