justicedao/ipfs_state_laws huggingface dataset:
414-450-0010 Definitions (1) “Central Background Registry” means CCLD’s Registry of individuals who have been approved to be associated with a child care facility in Oregon pursuant to ORS 329A.030 and OAR 414‐061‐0000 through 414‐061‐0120. (2) “Child Care” means the care, supervision and guidance on a regular basis of a child, unaccompanied by a parent, guardian or custodian, during a part of the 24 hours of the day, with or without compensation. (3) “CCLD" means the Child Care Licensing Division in the Department of Early Learning and Care. (4) “Preschool-Age Child” means a child who is 36 months of age up to the summer vacation months prior to being eligible to be enrolled in the first grade in public school. (5) “Preschool Recorded Program” means a facility providing care for preschool age children that is primarily educational for four hours or less per day and where no preschool child is present at the facility for more than four hours per day. (6) “Program Record” means the document a preschool recorded program is issued by CCLD to operate a preschool recorded program pursuant to ORS 329A.255 and OAR 414-450-0000 through 414-450-0030. (7) “School-Age Child” means a child eligible to be enrolled in the first grade or above in public school including the months of summer vacation prior to being eligible to be enrolled in the first grade or above in the next school year, up to age 13. For purposes of these rules, a child attending kindergarten may be considered a school age child. (8) “Staff” means any individual 18 years and older who works in, and has contact with children in the program. (9) “Volunteer” means any individual 18 years or older who intends to perform uncompensated duties for the program and who may have unsupervised contact with the children in the program; or who is in the facility more than four hours per year and has contact with children in the program four hours per year and has contact with children in the program. Statutory/Other Authority: ORS 329A.255 & ORS 329A.020 Statutes/Other Implemented: ORS 329A.255, ORS 329A.010 & ORS 329A.020 History: DELC 98-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 26-2022, amend filed 12/16/2022, effective 12/16/2022 Reverted to CCD 6-2010, f. 6-30-10, cert. ef. 7-1-10 CCD 3-2011(Temp), f. & cert. ef. 6-30-11 thru 10-20-11 CCD 1-2011(Temp), f. 4-28-11, cert. ef. 5-1-11 thru 10-20-11 CCD 6-2010, f. 6-30-10, cert. ef. 7-1-10
414-450-0020 Application for a Program Record (1) No person or organization shall operate a preschool recorded program without an active program record issued by CCLD. (2) Application for a program record shall be made on forms provided by CCLD. The original forms must be submitted to CCLD for processing. (3) A completed application is required: (a) For a new program record (b) For renewing a program record (4) There is a nonrefundable processing fee of $20 for each application. (5) To determine if requirements are met, the applicant may be required to supply additional information or permit CCLD to visit and assess the program. Statutory/Other Authority: ORS 329A.255 & ORS 329A.020 Statutes/Other Implemented: ORS 329A.255 & ORS 329A.010 History: DELC 99-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 23-2022, minor correction filed 10/31/2022, effective 10/31/2022 CCD 6-2010, f. 6-30-10, cert. ef. 7-1-10
414-450-0025 Issuance of a Preschool Program Record (1) CCLD shall issue a program record to a person or organization operating a preschool program if CCLD determines that the applicant meets the requirements of ORS 329A.250(9) and 329A.255 ; and OAR 414-450-0000 through 414-450-0040. (2) A program record is valid for two years from date of issuance. (3) A program record authorizes operation of the preschool recorded program only at the address described in the record and only by the person named in the record. (4) CCLD will create and maintain a database of preschool recorded programs. The database will include: (a) Name and address of the program; (b) Name of contact person; and (c) Program information such as capacity, age range of children served and hours of operation. Statutory/Other Authority: ORS 329A.255 & ORS 329A.020 Statutes/Other Implemented: ORS 329A.255 & ORS 329A.010 History: DELC 100-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 24-2022, minor correction filed 10/31/2022, effective 10/31/2022 CCD 6-2010, f. 6-30-10, cert. ef. 7-1-10
414-450-0030 General Requirements (1) Through December 31, 2022, the preschool recorded program must assure that criminal background checks are done on all staff and volunteers prior to having contact with children in the program. Enrollment in the Central Background Registry as defined in OAR 414-061-0020(18) that is not a limited enrollment as defined in OAR 414-061-0020(25)(b) meets the requirement of a criminal background check. (2) Beginning January 1, 2023, the preschool recorded program must obtain verification from CCLD that all staff and volunteers are enrolled in the Central Background Registry prior to having contact with children, and must maintain in the program’s records written verification from CCLD of enrollment. Enrollment, limited enrollment as defined in OAR 414-061-0020(25)(a) or conditional enrollment as defined in 414-061-0020(9) shall meet this requirement. The preschool recorded program may allow individuals for which the preschool recorded program completed a criminal background check before January 1, 2023 to continue be employed or allowed to volunteer after January 1, 2023 without enrollment in the Central Background Registry if the individual submits a completed application for enrollment in the Central Background Registry no later than June 30, 2023 for which the CCLD has not issued a notice of intent to deny. (3) The preschool recorded program must post a notice where it is visible to parents that the program is recorded with CCLD and is legally exempt from licensure. Statutory/Other Authority: ORS 329A.255 & ORS 329A.020 Statutes/Other Implemented: ORS 329A.255 & ORS 329A.010 History: DELC 101-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 26-2022, amend filed 12/16/2022, effective 12/16/2022 ELD 8-2022, temporary amend filed 07/01/2022, effective 07/01/2022 through 12/27/2022 Reverted to CCD 6-2010, f. 6-30-10, cert. ef. 7-1-10 CCD 3-2011(Temp), f. & cert. ef. 6-30-11 thru 10-20-11 CCD 1-2011(Temp), f. 4-28-11, cert. ef. 5-1-11 thru 10-20-11 CCD 6-2010, f. 6-30-10, cert. ef. 7-1-10
414-450-0040 Denial of Application and Sanctions (1) An initial application for a new program record or renewal application may be denied if CCLD finds that: (a) The program or its operation does not comply with ORS 329A.250(9) and ORS 329A.255 , with applicable rules or with any term or condition imposed under the record; or (b) A visit, on-site assessment or inspection of a program or its records authorized by ORS 329A.390 has not been permitted. (2) A person or organization that violates any provision of this section or any term or condition of a program record is subject to a civil penalty not to exceed $100. Statutory/Other Authority: ORS 329A.255(9) & ORS 329A.020 Statutes/Other Implemented: ORS 329A.255, ORS 329A.010, ORS 329A.020, ORS 329A.390, ORS 329A.250(9) & ORS 329A.255 History: DELC 102-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 25-2022, minor correction filed 10/31/2022, effective 10/31/2022 CCD 6-2010, f. 6-30-10, cert. ef. 7-1-10
414-460-0000 Definitions The following definitions apply to Oregon Administrative rules 414-460-0000 through 414-460-0030. (1) "Applicant" means a public or private nonsectarian organization that applies for Oregon Prenatal to Kindergarten funds. (2) "Approved Prenatal to Kindergarten Programs" means those programs which are recognized by the Department of Early Learning and Care as meeting the minimum program rules to be adopted by the Early Learning Council. (3) "Children with Disabilities” means children who have been determined eligible to receive special education services by either Part B or Part C according to IDEA definition 34 CFR Part 300. (4) “Council” means the Early Learning Council. (5) "Department" means the Department of Early Learning and Care. (6) “Director” means the Early Learning System Director. (7) "Eligible Child" means a child prenatal to five years old, and not eligible for kindergarten, whose family circumstances would qualify that child for eligibility under the federal Head Start program. (8) "Family" means all persons living in the same household who are: (a) Supported by the income of the parent(s), caretaker(s) or guardian(s) of the child enrolling in the Oregon Prenatal to Kindergarten program; and (b) Related to the parent(s), caretaker(s) or guardian(s) by blood, marriage, or adoption. (9) “Federal Head Start program guidelines” means the processes and procedures established by the Head Start Act (42 USC 9801 et. seq.) and Head Start Program Performance Standards (45 CFR Chapter XIII). (10) Grantee or program means an applicant which has been awarded state funds under the Oregon Prenatal to Kindergarten program, and which has entered into a grant with the Department to provide the Oregon Prenatal to Kindergarten program. Grantees may be local public or private organizations which are nonsectarian in their delivery of services. (11) "Nonsectarian" means that no aspect of Oregon Prenatal to Kindergarten services will include any religious orientation. (1) "Oregon Prenatal to Kindergarten" means those programs which provide comprehensive health, education, and social services in order to maximize the potential of children prenatal to five. The "State Prenatal to Kindergarten" means the statewide administrative activities carried out within the Department to allocate, award, and monitor state funds appropriated to create or assist local prenatal to kindergarten programs. Statutory/Other Authority: ORS 329.175 Statutes/Other Implemented: ORS 329.175 & ORS 329.195 History: DELC 33-2023, minor correction filed 10/30/2023, effective 10/30/2023 ELD 1-2020, amend filed 01/30/2020, effective 01/30/2020 ODE 151-2019, renumbered from 581-019-0005, filed 12/09/2019, effective 12/09/2019 ODE 12-2011, f. & cert. ef. 10-31-11 ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08 EB 10-1988, f. & cert. ef. 2-24-88
414-460-0005 Use of Grant Funds by Grantees (1) A minimum of 2.5 percent of the total grant shall be used for staff development. (2) Start-up costs may be allocated to assist in limited funding of “one-time” costs needed to start new programs, or to add children to existing programs. (3) Grantees shall use grant funds to serve Oregon residents. (4) Grantees must have established appropriate internal fiscal controls and fund accounting procedures to assure the proper disbursement of, and accounting for, all funds provided. (5) Grantees must follow salary guidelines established by the Early Learning Council. Statutory/Other Authority: ORS 329.175 & ORS 329.195 Statutes/Other Implemented: ORS 329.175 & ORS 329.195 History: DELC 34-2023, minor correction filed 10/30/2023, effective 10/30/2023 ELD 1-2020, amend filed 01/30/2020, effective 01/30/2020 ODE 151-2019, renumbered from 581-019-0010, filed 12/09/2019, effective 12/09/2019 EB 10-1988, f. & cert. ef. 2-24-88
414-460-0010 Eligibility Criteria for Contract Applicants (1) Nonsectarian organizations including school districts and Head Start grantees are eligible to compete for funding to establish an Oregon Prenatal to Kindergarten program. (2) No person in any Oregon Prenatal to Kindergarten program shall be subjected to discrimination, of any kind, including that as defined in ORS 659.850. Statutory/Other Authority: ORS 329.195 Statutes/Other Implemented: ORS 329.175 & ORS 329.195 History: DELC 35-2023, minor correction filed 10/30/2023, effective 10/30/2023 ELD 1-2020, amend filed 01/30/2020, effective 01/30/2020 ODE 151-2019, renumbered from 581-019-0015, filed 12/09/2019, effective 12/09/2019 EB 10-1988, f. & cert. ef. 2-24-88
414-460-0020 Program Design (1) Funds appropriated shall be used to establish and maintain new or expanded Oregon Prenatal to Kindergarten programs and shall not be used to supplant federally supported Head Start programs. (2) Programs shall serve the eligible children and provide all components as specified in the federal Head Start Program Performance Standards (45 CFR Chapter XIII). (3) Programs shall provide for staff qualifications and training, facilities and equipment, transportation and fiscal management. (4) Programs shall coordinate with each other and with federal Head Start programs to ensure efficient delivery of services and prevent overlap. (5) Programs shall provide developmentally appropriate educational services which are consistent with the unique physical, social, emotional, and cognitive needs of young children. Developmentally appropriate programs are both age appropriate and individually appropriate. (6) Requirements for program design shall be based on a model of comprehensive services to participating children. These include educational services, health services (including medical, dental, nutrition, and mental health), parent involvement, and social services to families. Parents shall be given the opportunity to be involved in every aspect of the planning and implementation of services. Specific program requirements are contained in guidance issued by the Department. Statutory/Other Authority: ORS 329.175 Statutes/Other Implemented: ORS 329.175 & ORS 329.195 History: DELC 36-2023, minor correction filed 10/30/2023, effective 10/30/2023 ELD 1-2020, amend filed 01/30/2020, effective 01/30/2020 ODE 151-2019, renumbered from 581-019-0025, filed 12/09/2019, effective 12/09/2019 EB 10-1988, f. & cert. ef. 2-24-88
414-460-0025 Eligibility Criteria for Children and Families Served (1) The Oregon P renatal to Kindergarten program serves children prenatal to five years old and not eligible for kindergarten or whose family circumstances would qualify them for eligibility under the federal Head Start program regulations. (2) No less than ten percent of the total number of enrollment opportunities in the state of Oregon shall be available for children with disabilities. See 45 CFR 1305.5. (3) Up to 20 percent of the children served need not qualify according to the federal Head Start program regulations. Statutory/Other Authority: ORS 329.175 Statutes/Other Implemented: ORS 329.175 & ORS 329.195 History: DELC 37-2023, minor correction filed 10/30/2023, effective 10/30/2023 ELD 1-2020, amend filed 01/30/2020, effective 01/30/2020 ODE 151-2019, renumbered from 581-019-0030, filed 12/09/2019, effective 12/09/2019 ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08 EB 10-1988, f. & cert. ef. 2-24-88
414-460-0030 Suspected Abuse Any employee of the Oregon P renatal to Kindergarten program who is subject to ORS 419B.005 to 419B.016and has reasonable cause to believe that any child with whom the provider or program staff comes into contact has suffered or is suffering from abuse or neglect, shall report, or cause a report to be made, in the manner required in ORS 419B.005 to 419B.015. Statutory/Other Authority: ORS 329.175 Statutes/Other Implemented: ORS 329.175 & ORS 329.195 History: DELC 38-2023, minor correction filed 10/30/2023, effective 10/30/2023 ELD 1-2020, amend filed 01/30/2020, effective 01/30/2020 ODE 151-2019, renumbered from 581-019-0035, filed 12/09/2019, effective 12/09/2019 EB 10-1988, f. & cert. ef. 2-24-88
414-460-0060 Targeting of Services to Families Programs must target families whose children ages 0-8 are at-risk of experiencing difficulty in school based on the following criteria: (1) Single, step and dual career families; (2) Low-income families; (3) Families for whom English is a second language; (4) Families who have experienced high mobility (e.g., military, migrant); (5) Families whose children have high absenteeism in school; (6) Families with a disruptive family environment (e.g., prison parent, chemically abusing parents); (7) Families whose children have been assessed as developmentally at risk; (8) Families of children with disabilities as defined by ORS 343.227; (9) Minority families; and (10) Families of adolescent parents. Statutory/Other Authority: ORS 329.175 Statutes/Other Implemented: ORS 329.175 & ORS 329.195 History: DELC 39-2023, minor correction filed 10/30/2023, effective 10/30/2023 ODE 151-2019, renumbered from 581-019-0075, filed 12/09/2019, effective 12/09/2019 ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08 EB 11-1988, f. & cert. ef. 2-24-88
414-460-0065 Collect Data Programs must collect data which documents the numbers of families served in each of the criteria categories listed in OAR 414-460-0060. Statutory/Other Authority: ORS 329.175 Statutes/Other Implemented: ORS 329.175 & ORS 329.195 History: DELC 141-2023, minor correction filed 12/07/2023, effective 12/07/2023 ODE 151-2019, renumbered from 581-019-0078, filed 12/09/2019, effective 12/09/2019 EB 11-1988, f. & cert. ef. 2-24-88
414-470-0000 Purpose: Preschool Promise Program The purpose of these rules is to define key terms, describe eligibility criteria, and to assist Preschool Promise Providers in the implementation and operation of Preschool Promise Program services. These rules describe the standards for the establishment and operation of preschool services under the Preschool Promise Program. Statutory/Other Authority: ORS 326.425(7) Statutes/Other Implemented: ORS 329.172 History: ELD 5-2020, amend filed 01/30/2020, effective 01/30/2020 ODE 151-2019, renumbered from 581-019-0036, filed 12/09/2019, effective 12/09/2019 ODE 119-2019, minor correction filed 09/09/2019, effective 09/09/2019 ODE 32-2016, f. & cert. ef. 5-3-16
414-470-0005 Definitions: Preschool Promise Program The following definitions apply to Oregon Administrative Rules 414-470-0000 through 414-470-0075. (1) “Child Care Provider” means a person or entity that provides care, supervision, and guidance on a regular basis of a child, unaccompanied by a parent, guardian, or custodian, during a part of the 24 hours of the day. (2) “Culturally Specific Organization” means an organization that serves a particular cultural community and is primarily staffed and led by members of that community; these organizations demonstrate intimate knowledge of lived experience of the community, including but not limited to the impact of structural and individual racism or discrimination on the community; knowledge of specific disparities documented in the community and how that influences the structure of their program or service; ability to describe the community’s cultural practices, health and safety beliefs/practices, positive cultural identity/pride/resilience, immigration dynamics, religious beliefs, etc. and how their services have been adapted to those cultural norms. (3) “Director” means the Early Learning System Director. (4) “Division” means the Early Learning Division of the Department of Education. (5) “Early Learning Hub” or “Hub” means an entity designated by regional partners to coordinate early learning services under ORS 417.827. (6) “Fiscal Agent” means a local entity that may provide services for multiple Preschool Providers. (7) “Preschool Promise Program” means the preschool program administered by the Early Learning Division as directed under ORS 329.172. (8) “Preschool Promise Provider” means a local entity who receives a grant or contract to provide preschool services under the Preschool Promise Program (9) “Spark Quality Rating and Improvement System” means the system established through ORS 329A.261 which establishes a set of progressively higher standards used to evaluate the quality of an early learning and development program and to support program improvement. Statutory/Other Authority: ORS 326.425(7) Statutes/Other Implemented: ORS 329.172 History: ELD 5-2020, amend filed 01/30/2020, effective 01/30/2020 ODE 151-2019, renumbered from 581-019-0037, filed 12/09/2019, effective 12/09/2019 ODE 120-2019, minor correction filed 09/09/2019, effective 09/09/2019 ODE 32-2016, f. & cert. ef. 5-3-16
414-470-0025 Preschool Promise Provider Eligibility The following entities are eligible to apply to be a Preschool Promise Provider: (1) Child Care Provider; (2) Community-based organization; (3) Culturally specific organizations; (4) Early Learning Hub as designated in ORS 417.827 (5) Education service district, (6) Federal Head Start program; (7) Federally Recognized Oregon Indian Tribes (8) Oregon Prekindergarten; (9) Private preschool; (10) Public school; (11) Public charter school, or: (12) Relief Nursery. Statutory/Other Authority: ORS 326.425(7) Statutes/Other Implemented: ORS 329.172 History: ELD 5-2020, amend filed 01/30/2020, effective 01/30/2020 ODE 151-2019, renumbered from 581-019-0041, filed 12/09/2019, effective 12/09/2019 ODE 32-2016, f. & cert. ef. 5-3-16
414-470-0045 Minimum Salary requirements for Lead Preschool Teacher and Teacher Assistant The Early Learning Council shall establish a methodology to determine a target and minimum salary for Lead Preschool Teachers and Teacher Assistants . Statutory/Other Authority: ORS 326.425(7) Statutes/Other Implemented: ORS 329.172 History: ELD 5-2020, amend filed 01/30/2020, effective 01/30/2020 ODE 151-2019, renumbered from 581-019-0044, filed 12/09/2019, effective 12/09/2019 ODE 32-2016, f. & cert. ef. 5-3-16
414-470-0047 Administration (1) The Division will administer grant agreements with the grant recipients and provide program guidelines. (2) Grant recipients must comply with the terms and conditions of the grant agreement including, but not limited to, cooperating with the Division’s program monitoring, technical assistance, program evaluations, and reporting requirements. (3) Noncompliance with program and agreement requirements may make the grant recipient ineligible for future grants. (4) Grant recipients must provide information as requested by the Division. Statutory/Other Authority: ORS 326.425(7) Statutes/Other Implemented: ORS 329.172 History: ELD 5-2020, adopt filed 01/30/2020, effective 01/30/2020
414-470-0050 Preschool Promise Provider Use of Funds (1) Funds received by grant recipients for the Preschool Promise Program may be used only to support and deliver the Preschool Promise Program. (2) Grant recipients must use appropriate internal fiscal controls and generally accepted accounting procedures to ensure the proper disbursement and accounting for all funds provided. (3) Approved Preschool Promise Provider shall use funds to supplement, not to supplant, public funds from any other source that are used to serve otherwise eligible students, including, but not limited to federal, state or local public funds. Statutory/Other Authority: ORS 326.425(7) Statutes/Other Implemented: ORS 329.172 History: ELD 5-2020, amend filed 01/30/2020, effective 01/30/2020 ODE 151-2019, renumbered from 581-019-0045, filed 12/09/2019, effective 12/09/2019 ODE 32-2016, f. & cert. ef. 5-3-16
414-470-0055 Program Monitoring and Evaluation Programs will be monitored and evaluated on program quality and outcomes using a process established by the Division. Statutory/Other Authority: ORS 326.425(7) Statutes/Other Implemented: ORS 329.172 History: ELD 5-2020, amend filed 01/30/2020, effective 01/30/2020 ODE 151-2019, renumbered from 581-019-0046, filed 12/09/2019, effective 12/09/2019 ODE 32-2016, f. & cert. ef. 5-3-16