Louisiana Administrative Code
Title 28 - EDUCATION
Part CLXVII - Bulletin 140-Louisiana Early Childhood Care and Education Network
Chapter 3 - Early Childhood Care and Education Network
Section CLXVII-313 - Academic Approval for Type III Early Learning Centers

Universal Citation: LA Admin Code CLXVII-313

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.

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