Is the presumption that the paint is leaded final?

No. Of course, the day care facility may rebut that presumption by submitting actual proof that the surface was tested and found not to contain illegal levels of leaded paint. This proof must be accompanied by a sworn statement of the owner or operator of the day care center and other proof demonstrating that the surface did not contain leaded paint in violation of the law and that testing was performed by a properly certified inspector and/or risk assessor.