Section 9 – Legal Support for Practice and Policy

210.258 Religious facilities curriculum

Religious organizations operating facility, no interference permitted with curriculum, personnel or selection of children — discipline policies, explanation required for parent. — The provisions of this section and section 210.259 apply to a child care facility maintained or operated under the exclusive control of a religious organization.  Nothing in sections 210.252 to 210.257 shall be construed to authorize the department of health and senior services or any other governmental entity:

  (1)  To interfere with the program, curriculum, ministry, teaching or instruction offered in a child care facility;

  (2)  To interfere with the selection, certification, minimal formal educational degree requirements, supervision or terms of employment of a facility’s personnel;

  (3)  To interfere with the selection of individuals sitting on any governing board of a child care facility;

  (4)  To interfere with the selection of children enrolled in a child care facility; or

  (5)  To prohibit the use of corporal punishment.  However, the department of health and senior services may require the child care facility to provide the parent or guardian enrolling a child in the facility a written explanation of the disciplinary philosophy and policies of the child care facility.

(L. 1993 H.B. 376 § 6 subsec. 1)