(The Center Square) − The Louisiana Department of Education on Friday defended the right of private schools to challenge “Charlie’s Law,” even as the agency acknowledged that many residents support the statute’s underlying goals.
In a statement to The Center Square, the department said it shares concerns about potential “government overreach into private institutions” and that “Louisiana nonpublic schools have every right to challenge some of the unintended consequences of this new law.”
The comment comes days after a group of nonpublic schools filed a lawsuit against the department over Charlie’s Law – Act 409 of the 2025 legislative session – arguing it intrudes on the autonomy of private education.The complaint, filed Oct. 20 in the Western District of Louisiana, lists Providence Classical Academy among the plaintiffs and names state education officials including State Superintendent Cade Brumley as defendants.Broadly, the plaintiffs argue the law exceeds the state’s authority by imposing new mandates on nonpublic campuses, requirements they say interfere with how private schools set and enforce their own policies.The complaint contends those provisions amount to government overreach into internal operations at independent and religious schools, and it asks a judge to halt the law while the case proceeds. The filing seeks a temporary restraining order and a preliminary injunction, followed by a permanent injunction and a declaration that the disputed provisions are unlawful.Plaintiffs say Act 409 rewrites Louisiana’s prekindergarten framework by expanding “child welfare and safety minimum standards” to all school-sponsored programs, then layering extra mandates onto nonpublic schools while carving out exemptions for public and Montessori schools.They say the law now requires any nonpublic program serving 3- and 4-year-olds to obtain a state Early Learning Center license – an expansion from prior law, which applied only to standalone pre-K programs not attached to a school.They contend the licensing regime brings dozens of new regulatory requirements, preissuance compliance audits, and the threat of steep penalties. Operating without a license could draw civil fines of $1,000 per day and court injunctions to shut programs down. Falling short of any licensing requirement after approval could also trigger fines.The lawsuit says these obligations impose immediate administrative burdens and risk altering how faith-based schools run mission-driven early-childhood programs, while similarly situated public and Montessori programs are exempt.
