La. Admin. Code tit. 28 § CLXI-319
Current through Register Vol. 50, No. 11, November 20, 2024
Section CLXI-319 - WaiversA. The state superintendent, pursuant to authority delegated by BESE, may, in specific instances, waive compliance with a minimum standard or regulation if it is determined that the economic impact is sufficiently great to make compliance impractical, as long as the health and well-being of staff and children are not imperiled. If it is determined that the center or agency is meeting or exceeding the intent of the standard or regulation, the standard or regulation may be deemed to be met.B. Minimum licensing standards shall not be waived unless the state superintendent determines, upon clear and convincing evidence, that the demonstrated economic impact is sufficiently great to make compliance impractical for the center despite diligent efforts, and alternative means have been put in place that ensure the health, safety, and well-being of children and staff.C. An application for a waiver and all supporting documentation shall be submitted in writing to the department using the request for waiver form.D. Any waiver is issued at the discretion of the state superintendent and may be revoked by the state superintendent at any time, either upon violation of any condition attached to it or upon the determination of the state superintendent that continuance of the waiver is no longer in the best interest of children in care.La. Admin. Code tit. 28, § CLXI-319
Promulgated by the Board of Elementary and Secondary Education, LR 41620 (April 2015). effective 7/1/2015, Amended LR 441859 (10/1/2018).AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6 and 17:407.40(D).