§407.40. Rules, regulations and standards for licenses

            A. The State Board of Elementary and Secondary Education shall promulgate regulations for each type of license which, at a minimum, shall accomplish all of the following:

            (1) Promote the health, safety, and welfare of children attending any early learning center.

            (2) Promote safe and proper physical facilities at all early learning centers.

            (3) Ensure adequate supervision of those attending early learning centers.

            (4) Ensure adequate and healthy food service in early learning centers where food is offered.

            (5) Prohibit discrimination on the basis of race, color, creed, sex, national origin, handicap, ancestry, or whether the child is being breastfed. However, nothing in this Paragraph shall be construed to affect, limit, or otherwise restrict the hiring or admission policies of an early learning center owned by a church or religious organization, or prohibit such a center from giving preference in hiring or admission to members of the church or denomination.

            (6) Include procedures for the receipt, recordation, and disposition of complaints.

            (7) Include requirements for employees of early learning centers to receive training in recognition and prevention of shaken baby syndrome. The Louisiana Department of Health, office of public health, shall provide information and resources to the state Department of Education for such training and for other areas of training required for employees of early learning centers in promoting the health, safety, and welfare of children. The state Department of Education shall post such information and resources on its website so that it is easily accessible by employees of early learning centers.

            B.(1) Every early learning center approved for licensure by the department shall be required to have all of the following:

            (a) Approval from the office of state fire marshal.

            (b) Approval from the Louisiana Department of Health.

            (2) Each Type III early learning center shall also be required to obtain approval from the department of adherence to the performance and academic standards of the Early Childhood Care and Education Network regarding kindergarten readiness as determined by the State Board of Elementary and Secondary Education. The department shall base its approval upon the uniform accountability system as promulgated by the State Board of Elementary and Secondary Education.

            C. The State Board of Elementary and Secondary Education shall conduct a comprehensive review of all standards, rules, and regulations for all licenses every three years.

            D. The State Board of Elementary and Secondary Education, upon request by the department, may waive compliance with a licensing minimum standard upon determination that the economic impact is sufficiently great to make compliance impractical, as long as the health and well-being of the staff or children is not imperiled. If it is determined that the early learning center is meeting or exceeding the intent of a standard or regulation, the standard or regulation may be deemed to be met.

            E. Nothing in the rules, regulations, and standards adopted pursuant to this Section shall authorize or require medical examination, immunization, or treatment of any child whose parents object to such examination, immunization, or treatment.

            Acts 2014, No. 868, §2, eff. Oct. 1, 2014; Acts 2016, No. 81, §1.