LAC 28:LXXIX.3003
LAC 28:LXXIX.3003. Policies and Procedures Related to Children
Cite as La. Admin. Code tit. 28, pt. LXXIX, § 3003
A. Rest Time
1. Children who are three-years of age shall have a daily rest period of at least one hour. Schools that serve children in half-day programs are not required to schedule napping periods for these children.
2. Children shall be under direct supervision at all times including naptime. Children shall never be left alone in any room or outdoors without a staff present. All children sleeping shall be in the sight of the staff.
B. Discipline
1. The school shall have written procedures for behavior management appropriate for three-year-olds, including positive techniques, such as modeling, redirection, positive reinforcement and encouragement. The procedures are provided to and discussed with parents at the time of enrollment.
2. The discipline policy shall:
a. be based on an understanding of each child’s individual needs and development;
b. be clear, consistent and developmentally appropriate rules;
c. allow children to solve their own conflicts with appropriate guidance and used to facilitate the development of self-discipline in children;
d. not allow punishment as discipline or guidance;
i. the following punishments are never used: abusive or neglectful treatments of children, including corporal punishment, isolation, verbal abuse, humiliation, and denial of outdoor time, food or basic needs; and punishment of soiling, wetting or not using the toilet, including forcing a child to remain in soiled clothing, to remain on the toilet, or any other unusual or excessive practices for toileting;
e. address children without an IEP or Student Services Plan who continually cause physical harm to himself/herself or others or continually impede the learning of himself/herself and others because of other challenging behavior; and
f. establish steps for addressing behaviors identified as dangerous and/or out of control behaviors.
3. The behavior management policy shall prohibit physical or corporal punishment, verbal abuse, or being deprived of food or beverage.
4. Time out shall take place within sight of staff. The length of each time out shall be based on the age of the child and shall not exceed one minute per year of age.
C. Abuse and Neglect
1. As mandated reporters, all school staff shall report any suspected abuse and/or neglect of a child in accordance with R.S. 14:403 to the local child protection agency. This written policy as well as the local child protection agency’s telephone number shall be posted.
2. Any person making a report in good faith regarding child abuse shall have immunity from civil liability that may be otherwise incurred.
3. An employer shall not discriminate or retaliate against an employee who is a mandatory reporter for complying with reporting requirements.
4. An employer shall not enact policies that prohibit or limit mandatory reporting to the Louisiana Department of Children and Family Services and/or state or local law enforcement.
D. Restrooms.
1. Children who are developmentally able may be permitted to use the restroom independently provided that a staff member is in proximity to and can see the children to ensure immediate intervention to safeguard a child from harm.
2. Individuals who are not staff members may not enter the restroom area while in use by any student, except if the individual is a parent assisting their own child.
E. Adverse events. The school shall have written policy regarding adverse events that occur while children are under the supervision of school staff.
1. Adverse events are defined as an occurrence that requires emergency personnel, law enforcement, or medical attention, including but not limited to:
a. allegations or suspicion of child abuse or neglect;
b. serious injury or illness;
c. an accident involving transportation;
d. incorrect medication administration;
e. a physical altercation resulting in injury;
f. spread of infectious disease.
2. The policy shall include regulations and procedures, including proper documentation, notification, and contact information for situations in which the health, safety, or well-being of a child or children are impacted.
3. Unless otherwise prohibited, parental notification shall be required for any adverse event by no later than the next business day.
4. Staff and volunteers shall receive instruction relevant to the policy on adverse events.