Copyright Baton Rouge Advocate
Two Christian schools have filed a federal lawsuit challenging Louisiana's new law that imposes sweeping regulations on private pre-kindergarten programs, arguing that the law unconstitutionally disadvantages religious schools. Act 409 sets new minimum safety standards for all preschools and requires pre-K programs at private schools to obtain a daycare center license, subjecting the schools to dozens of additional regulations, site inspections and staff background checks. While the safety standards apply to all schools with pre-K programs, public schools and Montessori schools are exempt from the licensing requirement. Proponents of the law, which took effect in August, have celebrated it as a win for child safety and school accountability. But critics call the regulations excessive, warning that some private schools might raise tuition or discontinue their pre-K programs due to the costs of compliance, such as hiring extra staffers, conducting background checks and making facility upgrades. Act 409 “unlawfully discriminates against religious schools and the families they serve by subjecting them to unfunded mandates in the form of burdensome licensure and regulatory requirements,” says the complaint, which asks the court to strike down the law’s licensing requirement. It was filed last week in the U.S. District Court for the Western District of Louisiana. About 80% of the state’s private schools with pre-K programs are faith-based, including Christian, Islamic and Jewish schools, according to the lawsuit, which alleges that the law violates the schools’ religious liberty and equal protection rights. The federal lawsuit was brought by two Christian schools that offer pre-kindergarten — Providence Classical Academy in Bossier City and The Dunham School in Baton Rouge — and a couple, Claire and Joshua Cox, whose child attends Providence’s pre-K program. Representing the plaintiffs are two conservative advocacy groups: the Louisiana-based Pelican Institute for Public Policy and the Center for American Rights, a national nonprofit based in Chicago. State Superintendent of Education Cade Brumley is responsible for enforcing the legislation, also known as Charlie’s law, which gives private schools that offer pre-K until Jan. 1 to apply for “early learning center” licenses. While Brumley is one of the defendants named in the lawsuit, he suggested that private schools have legitimate grievances with the law. “While many in Louisiana understand the purpose behind Charlie’s Law, there are concerns around the final legislation representing government overreach into private institutions,” he said in a statement. “Louisiana nonpublic schools have every right to challenge some of the unintended consequences of this new law.” State Sen. Regina Barrow, D-Baton Rouge, who authored the bill, called Brumley's statement "very disappointing." She said her staff worked closely with the state Department of Education when crafting the legislation and had tried to address issues the agency flagged. Barrow said she could not comment on the lawsuit, but explained that her bill focused on private schools partly because public and Montessori schools were already held to higher standards in certain areas, such as staff-to-student ratios. Still, she added, she is working on a new bill that should address some of the regulatory concerns that private schools have raised. "We're not trying to make this onerous on any nonpublic entity, we're not trying to infringe on anybody's rights," she said. "What I'm trying to do is ensure that we are safeguarding children. Period." Private schools face dozens of new pre-K rules The new regulations follow allegations by a Metairie couple that their daughter was assaulted by another student at a private preschool which, at the time, did not need a state license. The school denies the allegations and says it complies with all state laws. Inspired by the couple's testimony, Barrow drafted a bill to further regulate preschools that the Legislature passed unanimously this year and Gov. Jeff Landry signed into law. The 32-page law includes some rules that apply to all preschool programs, such as minimum staffing levels. But the licensing requirement only applies to pre-K programs at private schools. Schools that fail to obtain licenses can be fined $1,000 per day. The lawsuit asks the court to invalidate the licensing requirement and block the state from enforcing it. A spokesperson for state Attorney General Liz Murrill, who is responsible for defending the state in court, said her office needs more time to review the complaint before commenting. The lawsuit lists dozens of childcare regulations that will apply to the state’s roughly 250 private schools with pre-K programs once they become licensed. They will have to undergo state Fire Marshal and Health Department inspections, assign employees to monitor all school visitors, keep pre-K students separate from older children at recess, accompany three-year-olds to the restroom and more, the lawsuit says. Many private schools, including Providence Classical Academy and the Dunham School, will need to hire additional teachers and administrators to comply with the regulations, the lawsuit said. “Act 409, if implemented, could force schools like Providence Classical Academy to raise tuition or shut down,” said Pelican Institute General Counsel Sarah Harbison in a statement. “This would severely limit options for families in North Louisiana like the Coxes, who chose a Christian, classical curriculum for their nine children, including their prekindergartner.” While no Catholic schools are named in the lawsuit, their leaders have spoken out against Act 409, arguing that the schools already follow extensive safety protocols and that the daycare regulations are not suited for school-based pre-K programs. They also have said it’s unfair to only impose the licensing requirement on private schools, most of which are religious. “If this were about the safety of all children, this would apply to public schools and Montessori pre-K programs as well,” said RaeNell Houston, schools superintendent for the Archdiocese of New Orleans, during a private school advisory group meeting in July. Barrow said she has spoken with some private school leaders and advocates about their problems with the law. But, she added, some of the law's critics have not responded to her outreach. "That makes me wonder if they are truly looking and seeking to address those concerns," she said, "or if they're just trying to be obstructionist."
