justicedao/ipfs_state_laws huggingface dataset:
414-580-0005 Purpose The purposes of the Early Childhood Suspension and Expulsion Prevention Program are: (1) To promote inclusive values, policies, and practices that create opportunities for all Young Children and their families to participate in a broad range of activities and be supported to engage as full members of families, communities, and society. The desired result of inclusion is that children and their families of all race, ethnicity, age, appearance, language, socioeconomic status, ability, religion, immigration status, gender or gender identity, geographic location, and any other identity or intersectionality, feel a sense of belonging and membership, develop positive social relationships and friendships, and experience learning that engages the individual child’s development. The defining features of inclusion that can be used to identify high quality early childhood programs and services are access, participation, and supports; and (2) To reduce the use of Suspension, Expulsion, and other forms of Exclusionary Practices in early childhood care and education programs and to eliminate disparities in the use of Suspension, Expulsion, and other forms of Exclusionary Practices in early childhood care and education programs based on race, ethnicity, age, appearance, language, socioeconomic status, ability, religion, immigration status, gender or gender identity, and any other identity or intersectionality, by: (a) Providing and enhancing professional development of the early childhood education workforce with a focus on ensuring early childhood educators have the knowledge and skills to support children’s social, emotional, and positive racial identity development through the use of anti-bias, culturally-responsive, and inclusive practices in the early education environment. (b) Ensuring that all Regional Service and Technical Assistance Providers have the knowledge and skills to offer supports that include, but are not limited to, training, coaching, technical assistance, and consultation to Early Care and Education Providers and programs to implement foundational anti-bias, culturally responsive, and inclusive Practices to ensure the stability of children’s placements within the early education environment. (c) Developing and implementing culturally-responsive, Trauma-Informed Infant and Early Childhood Mental Health Consultation (IECMHC) services to support Early Care and Education Providers and programs to effectively meet the needs of all children. To be genuinely trauma-informed, practices must also be culturally responsive and reflect the active process of anti-racism. (d) Providing a coordinated system for Early Care and Education Providers across the state to seek support, technical assistance and/or IECMHC services in maintaining the placement of specific children who present with persistent challenging behaviors. Statutory/Other Authority: ORS 329A.600 Statutes/Other Implemented: ORS 329A.600 History: DELC 94-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 12-2022, adopt filed 09/28/2022, effective 09/28/2022
414-580-0010 Regional Service Provider Requirements Regional Service providers must: (1) Ensure that Infant and Early Childhood Mental Health Consultation services are accessible to all populations, especially those most disproportionately impacted by Suspension and Expulsion; and (2) Collaborate with and coordinate services with Technical Assistance Providers and other cross-system partners to determine which person or program is best suited to respond to the request for services from an Early Care and Education Provider. Statutory/Other Authority: ORS 329A.600 Statutes/Other Implemented: ORS 329A.600 History: DELC 95-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 12-2022, adopt filed 09/28/2022, effective 09/28/2022
414-580-0030 Reporting (1) Upon request by the Department, any Early Care and Education Provider receiving technical assistance from the Regional Service Providers must make available to the Department any information and data that the Department determines is necessary to monitor and evaluate the Early Childhood Suspension and Expulsion Prevention program. (2) Regional Service Providers must cooperate and participate in the Department’s program monitoring, program evaluation, and reporting requirements. Statutory/Other Authority: ORS 329A.600 Statutes/Other Implemented: ORS 329A.600 History: DELC 96-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 12-2022, adopt filed 09/28/2022, effective 09/28/2022
414-600-0005 Purpose Statement These rules, OAR 414-600-0005 to 414-600-0120, prescribe the process for determining eligibility and eligibility requirements for Relief Nurseries to receive state funds to provide services to children and families in accordance with ORS 417.788. Statutory/Other Authority: ORS 326.425(7) Statutes/Other Implemented: ORS 417.788 & ORS 417.786 History: DELC 109-2023, minor correction filed 11/27/2023, effective 11/27/2023 ELD 2-2018, adopt filed 02/07/2018, effective 02/07/2018
414-600-0015 Definitions For the purposes of OAR 414-600-0005 to OAR 414-600-0120 the following definitions apply: (1) "Culturally Responsive" means the use of the cultural knowledge, prior experiences, frames of reference, and performance styles of diverse children and families to make services and programs more appropriate and effective for them. (2) "Early Learning Council" means the Council established to oversee a unified system of early learning services and the Early Learning System. (3) "Department of Early Learning and Care" or "Department" means the Oregon Department of Early Learning and Care that administers programs and funding, collects, and analyzes data, and monitors program and contractor performance and accountability for the Early Learning System. (4) "Early Learning System" means the system created by ORS 417.727 and described in ORS 417.728 (5) "OARN" means the Oregon Association of Relief Nurseries. (6) "Regional Early Learning Hub" or "Hub" means an entity designated under ORS 417.827 and contracted by the Department to coordinate early learning services in a specific region within the state. (7) "Relief Nursery" means a non-governmental, community-based organization that is tax exempt under IRC section 501(c)(3) that OARN has determined to be eligible to receive state funding in accordance with OAR 414-600-0005 to 414-600-0120. (8) "Therapeutic Early Childhood Program" means a program that includes home visiting, therapeutic classrooms, parent education, support and outreach that provide trauma informed services and interactions to promote the healthy development of children and works to strengthen families who have multiple risk factors and stresses linked to neglect and abuse. (9) "Trauma Informed Services" means services that are reflective of the consideration and evaluation of the role that trauma plays in the lives of people, including recognition of the traumatic effect of misdiagnosis and coercive treatment, are responsive to the vulnerabilities of trauma survivors, avoids re-traumatization and facilitates direction of services. Statutory/Other Authority: ORS 326.425(7) Statutes/Other Implemented: ORS 417.788 & ORS 417.786 History: DELC 110-2023, minor correction filed 11/27/2023, effective 11/27/2023 ELD 2-2018, adopt filed 02/07/2018, effective 02/07/2018
414-600-0021 Process to Determine Eligibility to Receive State Funding as a Relief Nursery (1) A non-governmental, community-based organization that is tax exempt under IRC section 501(c)(3) wanting to become a Relief Nursery or an existing Relief Nursery wanting to be determined eligible for state funding must submit the following application materials to OARN by May 15 of each even-numbered year: (a) A letter of intent; (b) A description of the entity's governing structure or community group; (c) Letters of support from partners; (d) Documented evidence of community investment; (e) Sample budget, including a plan for 25% cash match and sustainability plan; and (f) A description of one or more age groups to be served. (2) Upon receipt of the information and documentation required in OAR 414-600-0030(1), OARN shall complete a comprehensive programmatic and financial assessment of the applicant. (3) OARN shall determine whether an applicant to become a Relief Nursery or an existing Relief Nursery is eligible to receive state funds. Such determination shall be made in accordance with OAR 414-600-0005 to 414-600-0120. (4) Not later than 15 days after a determination is made, OARN must notify the applicant or Relief Nursery and the Department in writing of OARN's determination. Statutory/Other Authority: ORS 326.425(7) Statutes/Other Implemented: ORS 417.788 & ORS 417.786 History: DELC 111-2023, minor correction filed 11/27/2023, effective 11/27/2023 ELD 2-2018, adopt filed 02/07/2018, effective 02/07/2018
414-600-0025 Eligibility of Relief Nurseries to Receive State Funding (1) Upon receiving determination of eligibility, the Department may contract with a Relief Nursery to receive state funds in accordance with ORS 417.788 and OAR 414-600-0005 to 414-600-0120. (2) To be eligible for state funds to carry out the provisions of ORS 417.788, a Relief Nursery must: (a) Meet the definition of a Relief Nursery under OAR 414-600-0015; (b) Comply with and maintain compliance with OAR 414-600-0005 to 414-600-0120 and with the terms of the Relief Nursery's contract with the Department; (c) Operate in accordance with ORS 417.788; and (d) Provide matching community financial support equal to a minimum of 25 percent of funds allocated by the Department for Relief Nursery services prescribed in ORS 417.788 and OAR 414-600-0005 to 414-600-0120. (3) Eligibility to receive state funding is contingent upon a Relief Nursery's compliance with OAR 414-600-0005 to 414-600-0120 and the terms of the Relief Nursery's contract with the Department. Statutory/Other Authority: ORS 326.425(7) Statutes/Other Implemented: ORS 417.788 & ORS 417.786 History: DELC 112-2023, minor correction filed 11/27/2023, effective 11/27/2023 ELD 2-2018, adopt filed 02/07/2018, effective 02/07/2018
414-600-0031 Minimum Requirements (1) A Relief Nursery must: (a) Establish and maintain appropriate internal fiscal controls and fund accounting procedures to assure the proper accounting and disbursement of all funds provided by the Department; (b) Collect and report data, including but not limited to child and family data including risk factors, demographics, assessments, and abuse and neglect reports in the manner established by the Department; (c) Agree to contracted services monitoring reviews and evaluations by Department staff, as deemed necessary by the Department; (d) Attend state and local training or meetings as required; (e) Collaborate with the Regional Early Learning Hub and the Department in early learning system development and expansion; (f) Have an infrastructure that provides oversight, responsibility and resources necessary to provide services on an ongoing basis; and (g) Be licensed by the Child Care Licensing Division in accordance with ORS 329A.280. (2) Relief Nursery staff who provide direct services to children and families must meet one of the following minimum requirements: (a) A Bachelor of Arts degree in Early Childhood; (b) A degree in a related field with early childhood teaching experience; (c) A combination of an associate's degree, an equivalent step on the Oregon Registry and appropriate experience; or (d) A degree in a field other than child development or early childhood education and six courses in child development or early childhood education focusing on children from birth to age five. (3) A Relief Nursery Director may submit to the Department a request for an exception to the requirements of 414-600-0031 (2). Requests must be accompanied by a plan that provides information on how the staff for which the request is submitted will meet the requirements of 414-600-0031 (2). The information provided must include a two-year professional development and training plan. (4) A Relief Nursery shall provide new hire and ongoing training for all staff and volunteers. (5) A Relief Nursery shall maintain a ratio of one supervisor to eight direct service staff to provide regular, ongoing supervision and support in child and family case management, personnel issues, and professional development. Statutory/Other Authority: ORS 326.425(7) Statutes/Other Implemented: ORS 417.788 & ORS 417.786 History: DELC 113-2023, minor correction filed 11/27/2023, effective 11/27/2023 ELD 2-2018, adopt filed 02/07/2018, effective 02/07/2018
414-600-0035 Core Services (1) Relief Nursery services must include therapeutic early childhood programs, home visiting, and parent education and support. (2) A therapeutic early childhood program must include the following: (a) Therapeutic classrooms; (b) Focused interventions for children with emotional, social and behavioral concerns or delays; (c) Principles and guidelines for developmentally appropriate practices; (d) Physical, cognitive, social, emotional, and language development supports; (e) Principles and guidelines for culturally responsive supports appropriate to the unique needs of the child and family; and (f) Home visits by the child's classroom teacher conducted as follows: (i) At least monthly for children attending class twice a week; and (ii) Weekly for children attending class once per week, with a duration of 1 to 2 hours. (3) Minimum Hours. A Relief Nursery must operate one or more therapeutic classrooms with the following time periods: (a) A minimum of three hours per week for infants up to 24 months of age; and (b) A minimum of six hours per week for children aged 24 months and older. (4) Class Size and Ratios. A Relief Nursery must provide a minimum of three adults, at least two of whom must be meet the qualifications in accordance with 414-600-0030 (2) for each class of: (a) Six children, not less than 6 weeks but less than to 24 months of age; (b) Eight children, not less than 24 months but less than 36 months of age; and (c) Eleven children, 36 months to 5 years of age. (5) Home visiting must be offered in all Relief Nursery program services. (6) Parent Education and Support. All parents served by a Relief Nursery must be offered parenting education, through home visiting, classes or groups, using culturally appropriate and evidence-based curriculum that is adapted to and appropriate to the needs of the family. (7) Nutritious Meals and Snacks. During program hours, a Relief Nursery must provide nutritious snacks and meals following United States Department of Agriculture standards for nutrition. (8) Ongoing Child Screenings and Assessments. Relief Nurseries shall regularly screen and assess all children for appropriate development using research-based, culturally and linguistically appropriate developmental screening. (9) Basic Needs Support and Services. Relief Nurseries shall provide resource referral, short- and long-term problem solving, and emergency food and clothing to children and families served by the Relief Nursery, as those supports and services become available. Statutory/Other Authority: ORS 326.425(7) Statutes/Other Implemented: ORS 417.788 & ORS 417.786 History: DELC 114-2023, minor correction filed 11/27/2023, effective 11/27/2023 ELD 2-2018, adopt filed 02/07/2018, effective 02/07/2018
414-600-0041 Monitoring Compliance; Eligibility Review (1) A Relief Nursery eligible to receive state funds shall be subject to annual eligibility reviews and monitoring. (2) OARN may conduct site visits at any time to assist Relief Nurseries in maintaining funding eligibility and compliance with OAR 414-600-0005 to 414-600-0120. (3) OARN shall conduct annual Relief Nursery programmatic and financial eligibility reviews. OARN shall conduct site visits every four years consisting of observations of the facility and classrooms and interviews with directors, managers, direct service staff, board members, community partners, and parents associated with the Relief Nursery’s facility, as well as a review of documents. (4) OARN shall provide annual review and monitoring reports to the Department to verify Relief Nursery compliance with OAR 414-600-0005 to 414-600-0120 including programmatic and financial assessments. The four-year s ite visit observations shall be documented and provided to the Department . (5) Based on eligibility reviews and monitoring reports received by OARN, and when necessary, the Department will work collaboratively with OARN to bring a Relief Nursery into compliance with these rules and the terms of the Relief Nursery’s contract with the Department. (6) The Department shall notify OARN in writing if a Relief Nursery fails to comply with OAR 414-600-0005 to 414-600-0120 or the terms of the Relief Nursery’s contract with the Department. (7) Upon receiving notification that a Relief Nursery is out of compliance with OAR 414-600-0005 to 414-600-0120 or the terms of the Relief Nursery’s contract with the Department, OARN shall initiate a review of the Relief Nursery’s eligibility determination and take corrective action to bring the Relief Nursery into compliance. (8) As part of the annual eligibility review and monitoring, OARN shall ensure through written verification from the Department that the Relief Nursery is in compliance with OAR 414-600-0005 to 414-600-0120 and the terms of the Relief Nursery’s contract with the Department. (9) A Relief Nursery that does not receive verification of compliance from the Department may be deemed by the Department to be ineligible for state funding. Statutory/Other Authority: ORS 326.425(7) Statutes/Other Implemented: ORS 417.788 & ORS 417.786 History: DELC 115-2023, minor correction filed 11/27/2023, effective 11/27/2023 ELD 2-2018, adopt filed 02/07/2018, effective 02/07/2018
414-600-0043 Eligibility Appeals (1) An applicant or Relief Nursery that OARN determines is not eligible to receive state funding as a Relief Nursery may appeal OARN’s eligibility determination in the manner provided in this rule. (2) Initial Appeal to OARN. (a) To initiate an appeal of an eligibility determination made by OARN, an applicant or Relief Nursery must submit a written appeal request to OARN within 30 calendar days after the date that OARN issues the eligibility determination letter. The appeal must identify the issues that are the subject of the appeal. (b) An appeal of an eligibility determination is limited to whether OARN’s determination comported with the requirements of OAR 414-600-0015 to 414-600-0120. (c) Upon receipt of a written appeal request, OARN shall notify the Department of the request and create an appeal file. OARN must maintain all records and documents relating to the appeal and provide copies of all records and documents relating to the appeal to the Department upon request by the Department. (d) OARN’s review shall be conducted by individuals who did not participate in the initial eligibility determination at issue in the appeal. (e) OARN shall notify the applicant or Relief Nursery and the Department of OARN’s decision in writing within 30 calendar days of receipt of the appeal request. (3) Request for Department Review. (a) If an applicant or Relief Nursery determined not eligible by OARN to receive state funds is not satisfied with the outcome of the applicant’s or Relief Nursery’s appeal to OARN, the applicant or Relief Nursery may request a review of OARN’s determination by the Department. (b) A request for Department review must be received in writing by the Department within 30 days of the date that OARN’s written determination notification was issued. (c) An applicant’s or Relief Nursery’s request for Department review must identify in writing the determination made by OARN, describe the alleged error in OARN’s determination and provide information to support the applicant’s or Relief Nursery’s disagreement with the determination. (d) The Department makes all final decisions on eligibility determination appeals. The Department’s review and decision are limited to whether OARN’s initial eligibility determination comported with the requirements of OAR 414-600-0015 to 414-600-0120 and otherwise comports with applicable law. Statutory/Other Authority: ORS 326.425(7) Statutes/Other Implemented: ORS 417.788 & ORS 417.786 History: DELC 116-2023, minor correction filed 11/27/2023, effective 11/27/2023 ELD 2-2018, adopt filed 02/07/2018, effective 02/07/2018
414-600-0045 Conditions and Process for Revocation of Eligibility; Revocation Appeals (1) OARN may revoke a Relief Nursery’s eligibility to receive state funding if OARN determines that the Relief Nursery no longer meets eligibility requirements in accordance with OAR 414-600-0015 to 414-600-0120 . (2) A Relief Nursery whose eligibility to receive state funding is revoked by OARN may appeal the revocation in the manner provided in this rule. (3) Initial Appeal to OARN. (a) To initiate an appeal of a revocation of eligibility, a Relief Nursery must submit a written appeal request to OARN within 30 calendar days of the date that OARN issues its proposed revocation of eligibility decision letter. (b) An appeal of a revocation decision is limited to whether OARN’s decision to revoke was based on the eligibility requirements in accordance with OAR 414-600-0015 to 414-600-0120. (c) A Relief Nursery’s appeal must identify how the Relief Nursery believes OARN misapplied the eligibility requirements of OAR 414-600-0015 to 414-600-0120 and how that error led to OARN’s revocation of eligibility. (d) Upon receipt of a written appeal request, OARN shall notify the Department of the request and create an appeal file. OARN must maintain all records and documents relating to the appeal and provide copies of all records and documents relating to the appeal to the Department upon request by the Department. (e) OARN’s review shall be conducted by individuals who did not participate in the revocation determination at issue in the appeal. (f) OARN shall notify the Relief Nursery and the Department of its decision in writing within 30 calendar days of receipt of the appeal request. (3) Request for Department Review. (a) If a Relief Nursery is not satisfied with the outcome of its appeal to OARN, the Relief Nursery may request a review of OARN’s decision by the Department. (b) The request for Department review must be received in writing by the Department within 30 days of the date that OARN’s written decision notification was issued. (c) A Relief Nursery’s request for Department review must identify in writing the decision made by OARN, describe the alleged error in OARN’s decision and provide information to support the Relief Nursery’s disagreement with the decision. (d) The Department m akes all final decisions on revocation determinations. The Department ’s review and final decision are limited to whether OARN’s revocation decision comported with the requirements of OAR 414-600-0015 to 414-600-0120, and otherwise comports with applicable law. Statutory/Other Authority: ORS 326.425(7) Statutes/Other Implemented: ORS 417.788 & ORS 417.786 History: DELC 117-2023, minor correction filed 11/27/2023, effective 11/27/2023 ELD 2-2018, adopt filed 02/07/2018, effective 02/07/2018