La. Admin. Code tit. 28 § CLXI-1903

Current through Register Vol. 50, No. 11, November 20, 2024

Section CLXI-1903 - Physical Environment

A. Exclusive Use of Space. Indoor and outdoor space shall be used exclusively by children in care and center staff during hours of operation.

1. Exceptions are allowed only for schools or churches regarding the shared use of kitchens, dining rooms, restrooms and outdoor space.

2. If a center is located in a school or church, the center shall have time designated for exclusive use of the outdoor play area.

B. Physical Separation. An early learning center, except one located in a church or school, shall be physically separated from any other facility, dwelling, business, or enterprise, thereby preventing unauthorized access to children in care.

C. Indoor and outdoor areas shall be free of hazards.

D. Indoor Space

1. A minimum of 35 square feet of usable indoor space shall be available per child.

a. Effective June 1, 2022, a center may request approval from the Office of State Fire Marshal and the LDE, that for children ages four and above, a minimum of 25 square feet of usable indoor space shall be available per child in the specified space for four year old and above use only.

b. The space shall not include toilet facilities, hallways, lofts, storage spaces, stairways, lockers, offices, storage or food preparation areas, rooms used exclusively for dining or sleeping, or rooms used exclusively for the care of ill children.

c. The space shall not include toilet facilities, hallways, lofts, storage spaces, stairways, lockers, offices, storage or food preparation areas, rooms used exclusively for dining or sleeping, or rooms used exclusively for the care of ill children.

2. The maximum number of children in care at one time, whether on or off the premises, shall not exceed the capacity as specified on the current license.

3. Any room counted as play space shall be available for play for the duration of the hours of operation.

4. Indoor space shall include an area for dining, which may be in each classroom.

5. The number of children using a room shall be based on the 35 square feet per child requirement, except for dining, sleeping, and other non-routine activities such as film viewing and parties.

6. In rooms with cribs, there shall be adequate open floor play space available for crawling, walking, pulling up and playing that is free of routine care furniture.

7. An indoor area shall be maintained for the purpose of providing privacy for diapering, dressing and other personal care procedures for children beyond the usual diapering age.

E. Outdoor Space

1. A minimum of 75 square feet of outdoor play space per child using the play space at any one time shall be available.

2. The minimum outdoor play space shall be available for at least one third of the licensed capacity.

3. Outdoor play space shall be available through a direct exit from the center into the outdoor play space or shall be attached to the center in a manner that ensures children are continuously protected by a permanent fence or other permanent barrier while going to and from the center to the outdoor play space.

4. Children shall not enter or exit the center through the kitchen.

5. Outdoor play space shall be enclosed with a permanent fence or other permanent barrier in a manner that protects children from traffic hazards, prevents children from leaving the premises without proper supervision, and prevents contact with animals or unauthorized persons.

6. Crawlspaces and mechanical, electrical, or other hazardous equipment shall be made inaccessible to children.

La. Admin. Code tit. 28, § CLXI-1903

Promulgated by the Board of Elementary and Secondary Education, LR 41637 (April 2015). effective 7/1/2015, Amended by LR 412108 (10/1/2015), Amended LR 44256 (2/1/2018), effective 3/1/2018, Amended LR 471278 (9/1/2021), Amended LR 482549 (10/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:407.40(A)(2).