EARLY CHILDHOOD: Provides relative to prekindergarten programs

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2026 Regular Session
HOUSE BILL NO. 1112
BY REPRESENTATIVES CHENEVERT, BAMBURG, BAYHAM, BERAULT, BOYER,
BRAUD, BROUSSARD, BUTLER, CARLSON, CARVER, DOMANGUE,
EDMONSTON, HEBERT, HORTON, JACOB LANDRY, MARCELLE,
MELERINE, MENA, OWEN, SAWYER, SCHLEGEL, SPELL, ST. BLANC, AND
ZERINGUE
EARLY CHILDHOOD: Provides relative to prekindergarten programs
1 AN ACT
2 To amend and reenact R.S. 17:11(B), 24.8(A), (B), and (D)(1), 407.33(1) and (5),
3 407.35(A), and 407.41(A), (B)(2) and (3), and (C) and to enact R.S. 17:407.41(D),
4 relative to prekindergarten programs; to remove the requirement that nonpublic
5 prekindergarten programs be licensed as early learning centers; to apply
6 requirements pertaining to child safety and welfare standards to certain school
7 prekindergarten programs; to revise the standards with respect to child-to-staff ratios;
8 to revise the definition of camp as it pertains to exemption from early learning center
9 licensing requirements; to provide for the approval of nonpublic prekindergarten
10 programs by the State Board of Elementary and Secondary Education; to authorize
11 the State Board of Elementary and Secondary Education to adopt emergency rules;
12 to provide for an effective date; and to provide for related matters.
13 Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 17:11(B), 24.8(A), (B), and (D)(1), 407.33(1) and (5), 407.35(A),
15 and 407.41(A), (B)(2) and (3), and (C) are hereby amended and reenacted and R.S.
16 17:407.41(D) is hereby enacted to read as follows:
17 §11. Approval of nonpublic schools by board
18 * * *
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1 B.(1) The board shall approve any nonpublic elementary or secondary school
2 which makes application therefor on a form furnished by the board, if such school
3 meets and maintains a sustained curriculum or specialized course of study of quality
4 at least equal to that prescribed for similar public schools.
5 (2) The board may revoke its approval of a nonpublic school at any time if
6 the board determines that the school has jeopardized the health, safety, or welfare of
7 its students.
8 * * *
9 §24.8. Prekindergarten programs
10 A.(1) Each city, parish, or other local public school board may develop and
11 offer prekindergarten instruction. The youngest age at which a child may enter
12 prekindergarten provided for by this Subsection Paragraph shall be four years old by
13 September thirtieth of the year in which the child enrolls in prekindergarten.
14 (2) All public prekindergarten programs shall comply with the child safety
15 and welfare minimum standards provided for in R.S. 17:407.41. The governing
16 authority of any approved nonpublic elementary school may develop and offer
17 prekindergarten instruction. The youngest age at which a child may enter such a
18 prekindergarten program is three years old by September thirtieth of the year in
19 which the child enrolls in prekindergarten.
20 (3) Any parent or legal guardian who chooses to enroll his child in a
21 prekindergarten program as provided in this Subsection shall be provided the
22 following information:
23 (a) The prekindergarten program is operated by a school.
24 (b) The prekindergarten is not subject to federal daycare regulations pursuant
25 to 45 CFR 98 or its successor or licensed by the department as an early learning
26 center as provided in R.S. 17:407.31 et seq.
27 B.(1) The governing authority of any approved nonpublic elementary school
28 may develop and offer prekindergarten instruction. The youngest age at which a
29 child may enter prekindergarten provided for by this Subsection shall be three years
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1 old by September thirtieth of the year in which the child enrolls in prekindergarten.
2 All school prekindergarten programs, except for programs operated by nonpublic
3 schools approved by the State Board of Elementary and Secondary Education as
4 provided in R.S. 17:11, shall comply with the child safety and welfare standards
5 provided for in R.S. 17:407.41.
6 (2) All nonpublic prekindergarten programs shall be licensed as an early
7 learning center pursuant to Part X-B of this Chapter. For a public prekindergarten
8 program with persistent or egregious noncompliance with such standards, a city,
9 parish, or other local public school board shall at a public meeting consider closure
10 of the program or other measures deemed necessary to protect the safety and welfare
11 of children enrolled in the program.
12 * * *
13 D.(1) Beginning with the 2023-2024 school year, each city, parish, or other
14 local public school board shall work to develop a mixed provider delivery model for
15 full-day, year-round, high-quality prekindergarten instruction to each child residing
16 within the boundaries of the school district who is eligible for a prekindergarten
17 program pursuant to Subsection A Paragraph (A)(1) of this Section.
18 * * *
19 §407.33. Definitions
20 As used in this Part, the following terms have the following meanings unless
21 the context clearly indicates otherwise:
22 (1) "Camp" means any place or facility operated by any institution, society,
23 agency, corporation, person or persons, or any other group which meets any of the
24 following criteria:
25 (a) It serves only children five three years of age or older and operates only
26 when school is not in session during the summer months or school holidays
27 including but not limited to a Vacation Bible School or Bible Camp.
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1 (b) It is a tax-exempt church or religious organization in accordance with
2 Section 501(c) of the Internal Revenue Code that operates a vacation Bible school,
3 Bible camp, or religious camp for children of any age.
4 (c) It operates an after-school or weekend extracurricular, academic, or
5 athletic program, including any competition related to the program, or an after-
6 school or weekend tutoring program or other educational or enrichment program
7 authorized by this Title.
8 * * *
9 (5) "Early learning center" means any child day care center, Early Head Start
10 Center, Head Start Center, or nonpublic standalone prekindergarten program not
11 attached to a school.
12 * * *
13 §407.35. Exemptions from licensure requirements
14 A. The provisions of this Part shall not apply to grades kindergarten and
15 above, prekindergarten programs attached to a public or nonpublic day school
16 serving children in grades kindergarten and above, Louisiana Montessori accredited
17 or provisionally accredited approved schools, camps, registered family child day care
18 homes, mother's day out programs, and care given without charge. However, all
19 school prekindergarten programs, except for programs operated by nonpublic schools
20 approved by the State Board of Elementary and Secondary Education as provided in
21 R.S. 17:11, shall comply with the child safety and welfare minimum standards
22 provided for in R.S. 17:407.41.
23 * * *
24 §407.41. Child safety and welfare minimum standards
25 A. In addition to regulations promulgated by the State Board of Elementary
26 and Secondary Education pursuant to R.S. 17:407.40, all early learning centers and
27 All school prekindergarten programs established pursuant to R.S. 17:24.8 shall, at
28 a minimum, meet the following minimum standards to ensure the safety and welfare
29 of children except as otherwise provided in this Section:
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1 (1) There shall be a minimum of two staff members present at any facility
2 when more than four children are present, except under an extenuating circumstance
3 that temporarily prevents compliance with this Paragraph.
4 (2)(a) The Through the end of the 2026-2027 school year, the child-to-staff
5 ratios shall not exceed the following:
6 (a) Infants and under one year - 5 to 1
7 (b) One year - 7 to 1
8 (c) Two years - 10 to 1
9 (d) (i) Three years or children enrolled in a school prekindergarten program
10 for three-year-olds - 13 to 1.
11 (e) (ii) Four years or children enrolled in a school prekindergarten program
12 for four-year-olds - 15 20 to 1.
13 (f) (iii) Five years or children enrolled in a school prekindergarten program
14 for five-year-olds- 19 20 to 1.
15 (b) Beginning in the 2027-2028 school year, child-to-staff ratios shall not
16 exceed the following:
17 (i) Three years or children enrolled in a school prekindergarten program for
18 three-year-olds - 13 to 1.
19 (ii) Four years or children enrolled in a school prekindergarten program for
20 four-year-olds - 15 to 1.
21 (iii) Five years or children enrolled in a school prekindergarten program for
22 five-year-olds - 20 to 1.
23 (3) An average of the child-to-staff ratios may be applied to mixed age
24 groups of children only for groups that include no children under the age of two.
25 (4) When a mixed age group includes children younger than age two, the age
26 of the youngest child determines the child-to-staff ratio for the group.
27 (5) When the nature of a child with special healthcare needs or the number
28 of children with special healthcare needs warrants added care, the center shall add
29 sufficient staff as necessary.
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1 (6) Only staff members directly providing care, supervision, or guidance to
2 children shall be counted in the child-to-staff ratio. The Except for transitions
3 between activities or classrooms, the same staff members shall not be used to meet
4 the ratio requirements for two different groups of children at the same time.
5 (7) (5) Sufficient staffing needed to satisfy child-to-staff ratios shall be
6 present on the premises during rest time and available to assist as needed. Children
7 ages one and older may be grouped together at rest time with one staff member in
8 each room supervising the resting children.
9 (8) (6) Information regarding required child-to-staff ratios and a phone
10 number to file complaints regarding supervision with the Department of Education
11 shall be posted in each public school classroom in a location that is visible to parents
12 and legal guardians.
13 (9) (7) Children shall be supervised at all times including on the playground,
14 on field trips, and on nonvehicular excursions.
15 (10)(a) (8)(a) Children shall not be left alone in any room, outdoors, or in
16 vehicles, even momentarily, without staff present.
17 (b) The provisions of this Paragraph shall not apply to restroom use as
18 provided in this Section, if a child is being provided services by therapeutic
19 professionals, or if a child is in the custody of a parent or legal guardian.
20 (11) (9) A staff person shall be assigned to supervise specific children whose
21 names and whereabouts that the staff person shall know and with whom the staff
22 person shall be physically present. Staff shall be able to state how many children are
23 in their care at all times.
24 (12)(a) (10)(a) A child who is developmentally able may be permitted to use
25 the restroom independently if a staff member is in proximity to and can see the child
26 to ensure immediate intervention to safeguard a child from harm or to assist with an
27 accident while in the restroom.
28 (b) An individual who is not a staff member may not enter the restroom area
29 while in use by any child other than his own child.
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1 (13) (11) A child age five and older may be permitted to go to and return
2 from the restroom without staff.
3 (14) (12) If a prekindergarten program or early learning center is part of a
4 school with children in kindergarten or older, staff shall ensure that the children
5 enrolled in the prekindergarten program or early learning center are not unsupervised
6 in the restroom at the same time as any older children who are using the restroom.
7 For any facility constructed after January 1, 2026, there shall be designated separate
8 restrooms for the children enrolled in the prekindergarten program or early learning
9 center.
10 (15) (13) Children shall be changed and cleaned immediately following a
11 toileting accident.
12 B.
13 * * *
14 (2) The state Department of Education shall provide the document to each
15 early learning center and school prekindergarten program no later than August first
16 of each year.
17 (3) Each early learning center and public school with a prekindergarten
18 program shall distribute the document to the parents and legal guardians of all
19 children enrolled in an early learning center or prekindergarten the program.
20 * * *
21 C. The state Department of Education shall provide written notification to:
22 the
23 (1) The superintendent of a school district for any complaint received by the
24 department regarding a prekindergarten program in the district pursuant to this
25 Section.
26 (2) The governing authority of a charter school or a nonpublic school for any
27 complaint received by the department regarding a prekindergarten program at the
28 school pursuant to this Section.
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1 D. Prekindergarten programs operated by nonpublic schools approved by the
2 State Board of Elementary and Secondary Education as provided in R.S. 17:11 are
3 exempt from the provisions of Subsections A through C of this Section.
4 Section 2. Notwithstanding any provision of law to the contrary, the State Board of
5 Elementary and Secondary Education may adopt emergency rules in accordance with the
6 Administrative Procedure Act to implement the provisions of Section 1 of this Act.
7 Section 3. This Act shall become effective upon signature by the governor or, if not
8 signed by the governor, upon expiration of the time for bills to become law without signature
9 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
10 vetoed by the governor and subsequently approved by the legislature, this Act shall become
11 effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 1112 Reengrossed 2026 Regular Session Chenevert
Abstract: Provides relative to prekindergarten programs.
Nonpublic school approval
Present law requires the State Bd. of Elementary and Secondary Education (BESE) to
approve a nonpublic elementary or secondary school that applies for approval if it meets and
maintains a sustained curriculum or specialized course of study of quality at least equal to
that prescribed for similar public schools. Proposed law retains present law and authorizes
BESE to revoke its approval of a nonpublic school that jeopardizes the health, safety, or
welfare of students.
Prekindergarten programs
Present law authorizes local public school boards and the governing authorities of approved
nonpublic schools to develop and offer prekindergarten instruction. Proposed law retains
present law and adds a requirement that any parent or legal guardian who chooses to enroll
his child in either a public or nonpublic prekindergarten program be provided with the
following information:
(1) The program is operated by a school and is not subject to federal daycare
requirements.
(2) The program is not licensed by the state Dept. of Education (DOE) as an early
learning center.
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Present law requires all public prekindergarten programs to comply with child safety and
welfare standards provided for in present law. Proposed law applies this requirement to all
school prekindergarten programs except for programs operated by BESE-approved
nonpublic schools.
Proposed law provides that for a public prekindergarten program with persistent or egregious
noncompliance with such standards, a city, parish, or other local public school board shall
at a public meeting consider closure of the program or other measures deemed necessary to
protect the safety and welfare of children enrolled in the program.
Present law requires all nonpublic prekindergarten programs to be licensed as early learning
centers. Proposed law removes present law.
Early learning center licensing
Present law requires that early learning centers be licensed by DOE. Proposed law retains
present law. Present law defines "early learning center" as any child day care center, Early
Head Start Center, Head Start Center, or nonpublic prekindergarten program. Present law
revises the definition to remove nonpublic prekindergarten programs and add standalone
prekindergartens not attached to a school.
Present law exempts certain entities from the present law early learning center licensing
requirements. Proposed law revises these exemptions as follows:
(1) Present law exempts grades kindergarten and above. Proposed law retains present
law.
(2) Present law exempts prekindergarten programs attached to a public day school.
Proposed law instead exempts prekindergarten programs attached to a public or
nonpublic day school serving children in grades kindergarten and above.
(3) Present law exempts La. Montessori accredited or provisionally accredited schools.
Proposed law removes this exemption.
(4) Present law exempts registered family child day care homes and care given without
charge. Proposed law additionally exempts mother's day out programs.
(5) Present law exempts camps. Proposed law retains present law but revises the
definition of "camp" as explained further below.
Camps
Present law defines "camp" as any place or facility operated by any institution, society,
agency, corporation, person, or any other group which serves only children five years of age
or older and operates only when school is not in session during the summer months or school
holidays. Proposed law lowers the minimum age of such children from five to three and
broadens the definition of camp to also include the following:
(1) A tax-exempt church or religious organization in accordance with federal regulations
that operates a vacation Bible school, Bible camp, or religious camp for children of
any age.
(2) An entity operating an after-school or weekend extracurricular, academic, or athletic
program, including any competition related to the program, or an after-school or
weekend tutoring program or other educational or enrichment program authorized
by present law.
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Child safety and welfare standards
Present law requires all early learning centers and all prekindergarten programs to meet
specified child safety and welfare standards. Proposed law removes the application of
present law to early learning centers and specifies that it applies to school prekindergarten
programs except for those operated by BESE-approved nonpublic schools. Proposed law
retains the standards except for the following revisions relative to child-to-staff ratios:
(1) Present law requires there to be at least two staff members present at any facility
when more than four children are present except under extenuating circumstances.
Proposed law retains present law.
(2) Present law provides for maximum child-to-staff ratios. Proposed law changes these
ratios through the end of the 2026-2027 school years as follows:
(a) Present law provides a ratio of 5:1 for infants and children under one year,
7:1 for one-year-olds, and 10:1 for two-year-olds. Proposed law removes
present law.
(b) Present law provides a ratio of 13:1 for three-year-olds. Proposed law also
applies this ratio to children enrolled in a school prekindergarten program for
three-year-olds.
(c) Present law provides a ratio of 15:1 for four-year-olds. Proposed law
changes this ratio from 15:1 to 20:1 and applies it to children enrolled in a
school prekindergarten program for four-year-olds.
(d) Present law provides for a ratio of 19:1 for five-year-olds. Proposed law
changes this ratio from 19:1 to 20:1 and applies it to children enrolled in a
school prekindergarten program for five-year-olds.
(3) Proposed law provides for the following maximum ratios beginning with the 2027-
2028 school year:
(a) A ratio of 13:1 for three-year-olds or children enrolled in a school
prekindergarten program for three-year-olds.
(b) A ratio of 15:1 for four-year-olds or children enrolled in a school
prekindergarten program for four-year-olds.
(c) 20:1 for five-year-olds or children enrolled in a school prekindergarten
program for five-year-olds.
(4) Present law allows an average of the child-to-staff ratios to be applied to mixed age
groups of children. Proposed law retains present law. Present law limits this
authorization to groups that include no children under the age of two. Proposed law
removes this limitation.
(5) Present law provides that when a mixed age group includes children younger than
age two, the age of the youngest child determines the child-to-staff ratio for the
group and provides that when the nature of a child with special healthcare needs or
the number of children with special healthcare needs warrants added care, the center
shall add sufficient staff as necessary. Proposed law removes present law.
(6) Present law provides that only staff members directly providing care, supervision,
or guidance to children shall be counted in the child-to-staff ratio. Proposed law
retains present law. Present law further prohibits the same staff members from being
used to meet the ratio requirements for two different groups of children at the same
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time. Proposed law adds an exception to allow this for transitions between activities
or classrooms.
(7) Present law requires information about ratios and a phone number to file complaints
be posted in each classroom. Proposed law applies this requirement only to public
schools.
Present law requires DOE to develop an informational document on the child safety and
welfare standards and provide it to each early learning center and prekindergarten program
not later than August first of each year. Further requires each early learning center and
school prekindergarten program to distribute the document to parents. Proposed law
removes the application of present law to early learning centers.
Present law further requires DOE to provide written notification to a local superintendent
for any complaint DOE receives regarding a prekindergarten program. Proposed law also
requires such notification to be given to the governing authorities of charter schools and
nonpublic schools for complaints about prekindergarten programs at their schools.
Proposed law exempts prekindergarten programs operated by BESE-approved nonpublic
schools from all of the above proposed law requirements relative to the child safety and
welfare standards.
Rules
Proposed law authorizes BESE to adopt emergency rules to implement proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:11(B), 24.8(A), (B), and (D)(1), 407.33(1) and (5), 407.35(A), and
407.41(A), (B)(2) and (3), and (C); Adds R.S. 17:407.41(D))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Education to the
original bill:
1. Exempt prekindergarten programs operated by BESE-approved nonpublic
schools from present law and proposed law requirements pertaining to child
safety and welfare standards.
2. Authorize BESE to revoke its approval of a nonpublic school that jeopardizes the
health, safety, or welfare of students instead of providing that if an approved
nonpublic school demonstrates egregious noncompliance with the standards,
DOE shall recommend that BESE deny the approval request for the subsequent
school year unless substantive assurance is provided by the school that it will
comply with such standards.
The House Floor Amendments to the engrossed bill:
1. Remove requirement that BESE approve a prekindergarten program established
by a nonpublic school if the program meets the present law requirements for
approval of a nonpublic school.
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