LAC 28:LXXIX.3019. Child Safety and Welfare Minimum Standards

A. To ensure the safety and welfare of children, all early learning centers and all public and nonpublic prekindergarten programs shall meet minimum standards in accordance with this Chapter. As used in this Section, center includes both early learning centers and prekindergarten programs. B. There shall be a minimum of two staff members present at any facility when more than four children are present, except under an extenuating circumstance that temporarily prevents compliance with this Paragraph. C. The child-to-staff ratios shall not exceed the following: 1. Infants and under one year, 5 to 1. 2. One year, 7 to 1. 3. Two years, 10 to 1. 4. Three years, 13 to 1. 5. Four years, 15 to 1. 6. Five years, 19 to 1. D. An average of the child-to-staff ratios may be applied to mixed age groups of children only for groups that include no children under the age of two. E. 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. F. 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. G. Only staff members directly providing care, supervision, or guidance to children shall be counted in the child-to-staff ratios. The same staff members shall not be used to meet the ratio requirements for two different groups of children at the same time. H. Sufficient staffing needed to satisfy child-to-staff ratios shall be present during rest time and available to assist as needed. Children ages one and older may be grouped together at rest time with one staff member in each room supervising the resting children. I. Information regarding required child-to-staff ratios and a phone number to file complaints regarding supervision with LDOE shall be posted in each classroom in a location that is visible to parents. J. Children shall be supervised at all times including on the playground, on field trips, and on non-vehicular excursions. K. Children shall not be left alone in any room, outdoors, or in vehicles, even momentarily, without staff present. 1. The provisions of this Section shall not apply to restroom use in accordance with this Section, if a child is being provided services by therapeutic professionals, or if a child is in the custody of a parent or legal guardian. L. A staff member shall be assigned to supervise children whose names and whereabouts that the staff person shall know and with whom the staff members shall be physically present. Staff shall be able to state how many children are in their care at all times. M. A child who is developmentally able may be permitted to use the restroom independently if a staff member is in proximity to and can see the child to ensure immediate intervention to safeguard a child from harm or to assist with an accident while in the restroom. 1. An individual who is not a staff member shall not enter the restroom area while in use by any child other than his own child. N. A child age five and older may be permitted to go to and return from the restroom without staff. O. If a prekindergarten program or early learning center is part of a school with children in kindergarten or older, staff shall ensure that the children enrolled in the prekindergarten program or early learning center are not unsupervised in the restroom at the same time as any older children who are using the restroom. For any facility constructed after January 1, 2026, there shall be designated separate restrooms for the children enrolled in the prekindergarten program or early learning center. P. Children shall be cleaned and changed immediately following a toileting accident. Q. By August 1 annually, the LDOE shall provide an informational document to each early learning center and prekindergarten program. The document shall be distributed to the parents and legal guardians of all children enrolled in the center or program at the beginning of each school year and may be distributed electronically.