UPDATE: The appeal's hearing for Alphabet Soup Learning Center has been delayed due to a scheduling conflict with the judge.

The hearing will now take place on Oct. 5.

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BATON ROUGE - An Ascension Parish daycare is fighting to remain open after a judge upheld the Louisiana Department of Education's decision to pull its license.

The owners of Alphabet Soup Learning Center hope their motion will be granted by a judge in Baton Rouge Monday morning. Last week, the owners sent a letter home to parents saying they would remain open for business during the appeal process, which they are legally allowed to do.

An attorney for Alphabet Soup's owners said last week's ruling came after the judge presiding over the case abruptly resigned, meaning another judge ruled on the matter. The owners say the state's decision is a "smear job" intended to silence them after being outspoken on state laws related to the division of licensing.

The Alphabet Soup's license was pulled earlier this year, with the state citing a history of noncompliance. An investigation revealed 74 deficiencies at the daycare over a two-year period, with one instance being the overmedication of a child.