Current through Register Vol. 50, No. 9, September 20, 2024
A. All type III early learning centers shall
meet the performance and academic standards of the early childhood care and
education network regarding kindergarten readiness as provided in this
bulletin.
B. Type III early
learning centers meeting the performance and academic standards shall receive
academic approval from the department. Academic approval is verification by the
department that the center is meeting the required performance and academic
standards.
C. Full-Day or
Non-Full-Day Type III Early Learning Centers
1. For purposes of this Bulletin, a type III
early learning center shall be either a full-day center or a non-full-day
center.
a. A full-day center provides care
and instruction aligned with a typical school day that consists of at least six
continuous hours per day or more than 20 hours per week.
b. A center that is not a full-day center is
a non-full-day center.
D. Non-Full-Day Type III Early Learning
Centers
1. Initial Academic Approval for
Non-Full-Day Centers. In order to obtain the initial academic approval required
to be licensed as a type III early learning center, a center that is applying
for a new type III license and that does not provide full-day care must submit
a signed copy of the current program partner assurances for non-full-day type
III early learning centers to the department, thereby agreeing to the
following:
a. in the event the center begins
to provide full-day care, the center will provide written notice to the
department, and sign new program partner assurances for full-day early learning
centers, within 10 business days of the change to full-day care; and
b. by signing program partner assurances for
full-day type III early learning centers, the center will be agreeing to comply
with the provisions of this Bulletin, which include:
i. membership in the corresponding community
network, as provided in Chapter 3;
ii. participation in the early childhood care
and education accountability system, as provided in Chapter 5; and
iii. participation in the coordinated
enrollment process, as provided in Chapter 7.
2. An applicant for a new non-full-day type
III early learning center license who has held a type III early learning center
license and received a corrective action plan as provided in
§313 at any time during the current or
preceding fiscal year shall not be allowed to apply for academic approval for
the fiscal year in which the center received a corrective action plan and the
following fiscal year.
3. Renewal
of Academic Approval. Academic approval shall be renewed annually for any
non-full-day type III early learning center if the center:
a. has current academic approval;
b. is in compliance with any corrective
action plans required by the department in accordance with this Section;
and
c. has submitted a signed copy
of the current annual program partner assurances for non-full-day type III
early learning centers to the department prior to July 1, or as requested by
the department, whichever occurs earlier.
E. Initial Academic Approval for an Applicant
for a New Full-Day Type III Early Learning Center License for Fiscal Years
2019-2020 and beyond
1. In order to obtain
the initial academic approval required to be licensed as a full-day type III
early learning center, a center applying for a new full-day type III license
must:
a. submit a signed copy of the current
program partner assurances for full-day type III early learning centers to the
department, thereby agreeing to comply with the provisions of this bulletin,
which include:
i. membership in the
corresponding community network, as provided in Chapter 3;
ii. participation in the early childhood care
and education accountability system, as provided in Chapter 5; and
iii. participation in the coordinated
enrollment process, as provided in Chapter 7.
2. An applicant for a new full-day type III
early learning center license who has held a type III early learning center
license and received a corrective action plan as provided in
§313 at any time during the current or
preceding fiscal year shall not be allowed to apply for academic approval for
the fiscal year in which the center received a corrective action plan and the
following fiscal year.
F. Renewal of Academic Approval for Full-Day
Type III Early Learning Centers for Fiscal Years 2019-2020 and beyond
1. Academic approval will be renewed annually
for fiscal years 2019-2020 and beyond for any full-day type III early learning
center that:
a. has current academic
approval;
i. - iii. (b). Repealed.
b. is in compliance with the
provisions of this Part;
c. has not
had two unsatisfactory performance ratings within any consecutive three school
years; and
d. has submitted a
signed copy of the current annual program partner assurances for full-day early
learning centers to the department, thereby certifying that:
i. the center will comply with the provisions
of this Part, which include:
(a). membership
in the corresponding community network, in accordance with Chapter 3 of this
Part;
(b). participation in the
early childhood care and education accountability system, in accordance with
Chapter 5 of this Part; and
(c).
participation in the coordinated enrollment process, as provided in Chapter 7
of this Part; and
ii. all
lead teachers at the center:
(a). have an
early childhood ancillary certificate or other traditional teaching certificate
issued by BESE; or
(b). are in the
process of completing training that will lead to an early childhood ancillary
certificate and will have obtained an early childhood ancillary certificate
issued by BESE within 24 months of the start date as a lead teacher; and
iii. a minimum of 20
hours a week of care for every classroom providing full-day care in a
publicly-funded site will be provided by a lead teacher(s) or lead teachers
that:
(a). have an early childhood ancillary
certificate or other traditional teaching certificate issued by BESE;
or
(b). are in the process of
completing training that will lead to the early childhood ancillary certificate
and will have obtained an early childhood ancillary certificate issued by BESE
within 24 months of the start date as a lead teacher.
2. Full-day
type III early learning centers must annually submit a signed copy of annual
program partner assurances for full-day type III early learning centers to the
department prior to July 1, or as requested by the department, whichever occurs
earlier.
G. A center that
has academic approval terminated may not apply for academic approval for the
fiscal year in which academic approval was terminated or the following fiscal
year.
1. - 2. Repealed.
H. Academic approval will be valid for the
fiscal year, July 1-June 30, for which it is granted.
1. - 2. Repealed.
I. Academic approval is granted to a specific
owner and a specific location and is not transferable. If a type III early
learning center changes owners or location, it is considered a new operation
and academic approval for the new owner or location must be obtained prior to
beginning operations under new ownership or at the new location.
J. Upon a change of ownership or change of
location, academic approval granted to the original owner or at the original
location becomes null and void.
K.
Renewal. Prior to July 1 of each year, the department will send notice to each
type III early learning center that has academic approval providing one of the
following:
1. renewal of academic approval for
the center;
2. notice of the
centers failure to comply with specific requirements in Subsection A of this
Section and specific corrective actions that must be taken by a specified date
in order for academic approval to be renewed; or
3. if an early learning center has received
the notice outlined in Subparagraph L.2.a of this Section within the academic
year and has not provided the required certifications and completed the stated
corrective actions, the department may terminate the centers academic approval
as provided in Subparagraph L.2.c of this Section and send notice of
termination of the centers academic approval.
L. Denial, Termination, or Refusal to Renew
Academic Approval
1. The department may deny,
terminate, or refuse to renew academic approval for:
a. violations of any provisions of this
Part;
b. failure to timely comply
with a corrective action plan provided by the department;
c. any act of fraud, such as the submission
of false or altered documents or information;
d. failure to timely submit a signed copy of
the annual program partner assurances;
e. two unsatisfactory performance ratings
within any consecutive three school years; or
f. failure to participate in the early
childhood site improvement planning process, as required by
§512 of this Part.
2. Notice
a. If a type III early learning center is in
violation of any provision of this Part, the department will notify the center
in writing and may specify any corrective actions in a corrective action plan
that will be required to retain academic approval.
b. Within 30 calendar days of receiving such
notice, the center must submit certification in writing to the department that:
i. corrective actions specified in the
corrective action plan have been taken or are in the process of being taken in
compliance with the schedule provided in the corrective action plan;
and
ii. the center will remain in
compliance with the corrective action plan and all applicable
regulations.
c. If the
type III early learning center does not respond in a timely or satisfactory
manner to the notice and corrective action plan or adhere to the implementation
schedule required in the corrective action plan, the department may terminate
or refuse to renew the centers academic approval.
d. The department will provide written notice
of a denial, termination, or refusal to renew academic approval to the
center.
e. The denial, termination
or refusal to renew a centers academic approval will be effective when notice
of the denial, termination, or refusal to renew is
given.
M.
Appeal Procedure
1. BESE will have the
authority to grant an appeal of the denial, termination or refusal to renew
academic approval for a type III early learning center.
a. - c. Repealed.
2. The appeal procedure will be used when
needed to address unforeseen and aberrant factors impacting type III early
learning centers or when needed to address issues that arise when the literal
application of the academic approval regulations does not consider certain
unforeseen and unusual circumstances.
3. A type III early learning center may
request an appeal of the denial, termination, or refusal to renew its academic
approval by submitting a written request for an appeal to the department within
15 calendar days of being given notice of the denial, termination, or refusal
to renew its academic approval.
4.
All appeal requests must clearly state the specific reasons for requesting the
appeal and the reasons why the appeal should be granted and must include any
necessary supporting documentation.
5. The department will review all timely
submitted appeal requests and make recommendations to BESE during the first
regularly scheduled BESE meeting following receipt of the appeal requests, or
during the second regularly scheduled BESE meeting if an appeal request is
received within 10 working days of the next regularly scheduled BESE meeting.
Within this interval, the department will notify the center of its
recommendation and allow the center to respond in writing. The departments
recommendation and the centers response must be submitted to BESE for final
disposition.
6. An early learning
center that appeals the termination or refusal to renew its academic approval
will retain its academic approval during the appeal process.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
17:6,
17:407.36(C),
and
17:407.21
et seq.