1. What Is Louisiana’s Act 409 (“Charlie’s Law”)?

Everyone can agree that child safety matters—especially for three- and four-year-olds in pre-K programs. Act 409, a.k.a Charlie’s Law was intended to strengthen safety by adding new licensing and operational requirements to certain prekindergarten programs.

What changed: Schools covered by Act 409 must now meet many of the same rules historically used for early learning centers (formerly referred to as daycares) that address facility standards, inspections, staffing/training, reporting after incidents, etc..

Who’s exempt: Public schools, Louisiana Montessori–accredited or provisionally accredited schools, and family day homes are not subject to these new requirements.

Why this matters to families: For schools that are not exempt, these added mandates can mean new paperwork, staff changes, and/or facility upgrades—costs that ultimately show up in increased tuition or fewer classroom seats being available.

2. Why Act 409 is Unconstitutional

Act 409 does not treat similar pre-K programs the same:

  • Private schools—most of which are faith-based—must adopt dozens of new requirements.
  • Public schools, LA-Montessori–accredited schools, and family day homes are exempt from the same mandates.

This disparate treatment is a violation of the Equal Protection Clause and religious-freedom protections in the U.S. and Louisiana Constitutions. Providence Classical Academy, et al v. Brumley, et al argues that if two programs serve the same kids for the same purpose, the state shouldn’t saddle one group with heavy rules while exempting others.

3. How Act 409 Could Harm Louisiana Families and Schools

Short timeline, big costs. Act 409 gives schools less than a year to comply. Many will need building updates, inspections, new training, and additional administrative time.

How families could be impacted:

  • Higher tuition as schools pass along unfunded compliance costs
  • Fewer seats if programs pause enrollment or close classrooms
  • School closures for smaller faith-based programs that can’t absorb the costs

Louisiana faith-based schools are often anchors in their communities. Many enroll low- and middle-income families who can’t easily absorb tuition hikes or travel farther for pre-K. Many enroll low- and middle-income families who can’t easily absorb tuition hikes or travel farther for pre-K. Providence Classical Academy, et al v. Brumley, et al asks the court to halt these discriminatory requirements so families keep the options they rely on.

FAQs:

Does Act 409 apply to my child’s public school pre-K?
 No. Public schools are exempt under Act 409.

Are Montessori schools affected by Act 409?
 Louisiana Montessori–accredited or provisionally accredited schools are exempt.

Is Act 409 a safety law?
Yes—its stated goal is child safety. The legal question is whether the state can apply heavy mandates to some providers while exempting others that serve the same age group.

Will Act 409 raise my tuition?
It could. Compliance costs (facility changes, inspections, staffing/training) often flow to tuition. Costs will vary by school with faith-based schools being impacted the most.

What does Providence Classical Academy, et al v. Brumley, et al ask for?
To strike down the discriminatory requirements so similar pre-K providers are treated equally under the law.