Louisiana Education Department Defends Private Schools’ Right to Challenge New Pre-K Law
The Louisiana Department of Education today defended the right of private schools to legally challenge “Charlie’s Law,” despite acknowledging widespread public support for the law’s intent to improve child welfare standards.
The department stated it shares concerns regarding potential government overreach into private institutions, asserting that Louisiana nonpublic schools are within their rights to challenge unintended consequences of Act 409 of the 2025 legislative session. This comes after a lawsuit was filed earlier this week by a group of nonpublic schools arguing the law infringes upon the autonomy of private education. The complaint, filed October 20 in the Western District of Louisiana, lists Providence Classical Academy as a plaintiff and names State Superintendent Cade Brumley as a defendant.
Plaintiffs contend the law exceeds state authority by imposing new mandates on nonpublic campuses, interfering with their ability to establish and enforce their own policies. Specifically, Act 409 expands “child welfare and safety minimum standards” to all school-sponsored programs, requiring any nonpublic program serving 3- and 4-year-olds to obtain a state Early Learning Center license – a requirement previously limited to standalone pre-K programs. Failure to comply could result in fines of $1,000 per day and potential program shutdowns, raising concerns about the financial burden on smaller private schools. This legal challenge could significantly impact the availability of private pre-kindergarten options across the state.
The lawsuit argues these obligations impose administrative burdens and potentially alter faith-based schools’ mission-driven early-childhood programs, while public and Montessori programs are exempt from similar requirements. The plaintiffs are seeking a temporary restraining order, preliminary injunction, permanent injunction, and a declaration that the disputed provisions are unlawful; you can find more information about early childhood education standards at the Administration for Children and Families. The Department of Education stated it will vigorously defend its position in court, while also working to address legitimate concerns raised by nonpublic schools regarding the implementation of state laws.
Officials indicated the department will continue to engage with stakeholders as the legal process unfolds.
