On October 20, the Pelican Institute for Public Policy and Center for American Rights filed a lawsuit on behalf of Providence Classical Academy, The Dunham School, and parents Joshua and Claire Cox, in the U.S. District Court for the Western District of Louisiana (Shreveport Division), challenging Act 409 of the 2025 Regular Session which imposes costly and sweeping mandates, mostly on faith-based prekindergarten programs. The lawsuit names Louisiana Superintendent of Education Cade Brumley and members of the Louisiana Board of Elementary and Secondary Education, which are required to enforce the new law, as defendants in their official capacities. It asks the court to deem Act 409 an unconstitutional violation of the federal and state guarantees of religious liberty and equal protection. 

Keeping children safe in early learning centers and prekindergarten programs is critically important. Clear, effective safety protocols should apply in every educational setting when incidents of neglect, abuse, or other safety concerns arise. In 2025, the Louisiana Legislature enacted Act 409 with the stated aim of strengthening child safety for three- and four-year-olds in prekindergarten programs. However, the law and its regulatory apparatus added dozens of state licensure, health, and fire safety requirements historically reserved for “early learning centers” (child care businesses) to private schools—most of which are religious or faith-based. Public schools, Louisiana Montessori-accredited schools, and family day homes are exempt from these requirements under Act 409, creating disparate treatment.

Hundreds of faith-based schools now face a complex, unfunded licensing regime that includes extensive administrative protocols, new hiring mandates, recurring inspections, and significant facility modifications—all with less than a year to comply. The result is increased operational costs that threaten the affordability and even the viability of religious prekindergarten education across Louisiana communities.

Crucially, the plaintiffs argue that this two-tiered regulatory system imposes a discriminatory and unconstitutional burden on faith-based schools, violating both the Equal Protection Clause and Religious Freedom protections in the U.S. and Louisiana Constitutions. Plaintiffs emphasize that while protecting children is vital, regulatory standards must be fair, neutral, and applied consistently across all settings.

“For many families, faith-based education is a critical component of living out their religious liberty. These discriminatory new rules burden that liberty for hundreds of faith-based schools and the thousands of families they serve. We’re honored to represent these plaintiffs as we stand for people of faith across Louisiana in demanding equal treatment for faith-based education,” said Daniel Suhr, Senior Attorney, Center for American Rights.

“All children deserve to go to a school where they feel safe to learn, grow, and make friends, and all parents are entitled to make decisions about what schools best serve their children. Act 409, if implemented, could force schools like Providence Classical Academy to raise tuition or shut down. 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 prekindergartener,” said Sarah Harbison, General Counsel, Pelican Center for Justice.

The lawsuit seeks declaratory and injunctive relief, asking the court to block enforcement of Act 409’s licensing regime against religious schools and affirm their right to equal and constitutional treatment.