Judge upholds Louisiana licensing rules for private pre-K programs

(The Center Square) − A federal judge has denied a group of private schools’ request to temporarily halt key provisions of Louisiana’s new early-childhood safety law, commonly known as “Charlie’s Law,” leaving the state’s licensing rollout on track.U.S. District Judge Terry A. Doughty, of the Western District of Louisiana, ruled the plaintiffs did not meet the high bar required for a preliminary injunction, finding they failed to show a substantial likelihood of success on the merits and did not demonstrate irreparable harm.
The case was brought by Providence Classical Academy, the Baton Rouge Christian Education Foundation (doing business as Dunham School), and two parents suing on behalf of their child.
Act 409 of the 2025 legislative session was passed after a Jefferson Parish case in which a 3-year-old was abused by a classmate while enrolled in a prekindergarten program that, under prior law, was not required to be licensed as an early learning center.
The child’s parents later discovered what the court described as a reporting gap: Neither law enforcement nor the Department of Children and Family Services could take action because the program fell under neither agency’s purview. Since the law was passed, the Department of Children and Family Services has reported 80 child on child abuse cases.
The judge noted the law passed unanimously and includes multiple components, including clarified reporting requirements and a set of “fifteen (15) universally applicable child safety and welfare minimum standards” for early learning centers and prekindergarten programs.
Those minimum standards took effect Oct. 1, according to the order.
The legal fight centers on a separate requirement: The law provides that “all nonpublic prekindergarten programs shall be licensed as an early learning center,” while also listing exemptions for certain categories, including prekindergarten programs attached to a public day school and Louisiana Montessori-accredited schools, among others.
The plaintiffs argued those exemptions trigger stricter constitutional scrutiny and violate the First Amendment’s Free Exercise Clause by treating faith-based institutions differently than comparable secular programs.
Doughty rejected that argument at the preliminary stage, concluding the challenged licensing requirement is “a law of general applicability that does not target religious exercise,” and that the statute applies broadly to non-exempt private schools, whether religious or secular.
The judge also pointed to the state’s stated interest in child safety and welfare and said exemptions appeared tied to the fact that certain programs were already subject to other regulatory oversight, rather than motivated by hostility toward religion.
On irreparable harm, the plaintiffs argued that compliance would force costly staffing changes amid a teacher shortage, potentially driving tuition increases.
But the judge found those claimed harms largely monetary and not the kind of immediate, non-compensable injury required for an injunction, noting such costs could be addressed later if the plaintiffs ultimately prevail.
He also described the plaintiffs’ warnings about imminent disruption as speculative given the state’s phased timeline for implementation.
The order details that, under the transition plan, covered schools and programs are instructed to apply for licensure by Jan. 1, with the Department of Education requiring only that an owner clear a child-care criminal background check before applying.
The department has coordinated with the Louisiana Department of Health to defer new inspections until Jan. 1, 2027, and reached an agreement with the State Fire Marshal to continue inspecting schools as schools – rather than as newly licensed early learning centers – unless facilities are converted or built for a new purpose.
After applications are submitted, the order states the department plans to conduct on-site inspections and complete background checks, with licenses and compliance notices expected near the end of the 2025–26 school year.

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