OR Rev Stat § 329.172 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 329 - Oregon Educational Act for the 21st Century; Educational Improvement and Reform|Section 329.172 - Preschool Promise Program; grants and contracts; report.

(1)(a) The Preschool Promise Program is established. The Early Learning Division shall administer the Preschool Promise Program as provided by this section. The Preschool Promise Program shall expand preschool options available to the children of this state. (b) In administering the Preschool Promise Program, the Early Learning Division shall identify local entities as provided under subsection (3) of this section within the region served by each Early Learning Hub to serve as a preschool provider that meets the eligibility criteria established under subsections (4) and (5) of this section. (2) For the purpose of expanding and coordinating preschool options under the Preschool Promise Program, Early Learning Hubs shall: (a) Once every two years, in consultation with resource and referral entities established under ORS 329A.100 to 329A.135, complete a community plan. The community plan must include the following for the region served by the Early Learning Hub: (A) Identification of priority populations of children and families to enroll in the program; (B) Assessment of the availability of high-quality preschool programs; (C) Identification of existing preschool providers and opportunities to increase the number and enrollment capacity of preschool providers; (D) Prioritization of local entities to serve as preschool providers based on community need and enrollment capacity; (E) Identification of methods for increasing the enrollment capacity of preschool providers and for providing professional development to preschool providers; and (F) Identification of other services related to preschool programs. (b) After completing a community plan described in paragraph (a) of this subsection, the Early Learning Hub shall submit the plan to the Early Learning Division for approval based on rules adopted by the Early Learning Council. (c) Based on the results of the most recent community plan, annually coordinate and collaborate with preschool providers to: (A) Determine the preschool program that best meets the needs of eligible children and their families within the Early Learning Hub; and (B) Enroll eligible children in preschool programs. (3) A local entity may apply to the Early Learning Division to be awarded grants or contracts to be a preschool provider under this section if the local entity is: (a) An Early Learning Hub designated under ORS 417.827; (b) A resource and referral entity established under ORS 329A.100 to 329A.135; (c) An education service district; (d) A school district; (e) A federal Head Start program; (f) A community-based organization; or (g) Another entity identified by the Early Learning Division. (4) A preschool provider that meets the requirements of this subsection may apply to participate in the Preschool Promise Program to receive grants or contracts under the program. The preschool provider: (a) Must be establishing a new preschool program or expanding an existing preschool program. (b) Must meet or exceed the requirements of subsection (5) of this section. (c) May be a federal Head Start program, an Oregon prekindergarten, a child care provider, a relief nursery, a private preschool, a public school, a public charter school, an education service district or a community-based organization that provides a preschool program. (5) A preschool provider may participate in the Preschool Promise Program if the provider’s preschool program: (a) Provides, at a minimum, the annual number of instructional hours required for full-day kindergarten. (b) Takes into consideration the scheduling needs of families who need full-time child care. (c) Serves children who: (A) Are at least three years of age but not older than five years of age, as determined by the date used to determine kindergarten eligibility; and (B)(i) Are members of families whose incomes, at the time of enrollment, are at or below 200 percent of the federal poverty guidelines; or (ii) Otherwise meet criteria established by the Early Learning Council by rule. (d) Provides continuity from infant and toddler services to early elementary grades. (e) Demonstrates an ability to maximize available federal, state and local funds. (f) Demonstrates quality through meeting standards, including: (A) Participating in the quality rating and improvement system for early childhood programs. (B) Adopting culturally responsive teaching methods and practices. (C) Providing a high-quality, culturally responsive family engagement environment that supports parents as partners in a child’s learning and development. (D) Providing high-quality, culturally responsive curricula, assessments and professional development that are linked to one another and to the state’s comprehensive early learning standards. (E) Providing a classroom environment that is inclusive of all children, regardless of ability or family income. (F) Providing highly trained lead preschool teachers who have: (i) At least a bachelor’s degree in: (I) Early childhood education or a field related to early childhood education; or (II) A field not related to early childhood education if the Early Learning Division, based on rules adopted by the Early Learning Council, determines that the teacher has completed coursework that is equivalent to a major in early childhood education and has sufficient training in early childhood education; (ii) An associate degree with additional training or additional certification in early childhood education or a field related to early childhood education, as determined by the Early Learning Division based on rules adopted by the Early Learning Council; or (iii) Sufficient alternative credentialing to indicate that the teacher is highly trained, as determined by the Early Learning Division based on rules adopted by the Early Learning Council. (G) Providing lead preschool teachers and teaching assistants with a salary that meets the minimum salary requirements established by the Early Learning Council. (H) Providing at least one teaching assistant in each classroom who provides support for academic instruction and who meets the state’s personnel qualification requirements of one of the top two tiers for the quality rating and improvement system for early childhood programs. (I) Providing children and families with additional health and child development supports, such as screening, referrals and coordination with health care providers. (g) Incorporates best practices in outreach, enrollment and programming for diverse cultural and linguistic populations and children who have been historically underserved in preschool programs. (h) Works in collaboration with community programs to ensure that families have knowledge of, and are connected to, community resources and supports to meet the needs of children and families served by the preschool program. (i) Participates in an ongoing monitoring and program evaluation system that is used for continuous program improvement. (6)(a) While any moneys received under a grant received or a contract entered into as provided by this section must be used to serve children described in subsection (5)(c) of this section, nothing in subsection (5)(c) of this section prevents a preschool provider from serving additional children, including children who: (A) Pay tuition for the preschool program and whose family income at the time of enrollment exceeds 200 percent of federal poverty guidelines. (B) Are funded by the Oregon prekindergarten program, a federal Head Start program or another source of funding. (b) If a preschool provider participating in the Preschool Promise Program serves children described in paragraph (a) of this subsection, moneys received under a grant or contract as provided by this section may not be used to pay for expenses incurred for the children described in paragraph (a) of this subsection. (7) A preschool provider participating in the Preschool Promise Program may receive a waiver of any of the requirements described in subsection (5) of this section if the waiver: (a) Is for a preschool program that is maintaining progress toward quality; and (b) Is anticipated for the first years of the preschool program only. (8) To assist the Early Learning Division in administering this section, the Early Learning Council shall: (a) Identify resources necessary for the Early Learning Division to develop, support and sustain the implementation of a high-quality preschool program, including evaluations, professional development opportunities, technical assistance, monitoring guidance and administrative assistance. (b) Ensure that pathways and supports are available to teaching staff to increase culturally and linguistically diverse staff to teach and assist in preschool classrooms. (c) Establish minimum salary requirements and target salary guidelines for lead preschool teachers and teaching assistants at preschool providers participating in the Preschool Promise Program. Minimum salary requirements may be differentiated by program type. Target salary guidelines shall be, to the extent practicable, comparable to lead kindergarten teacher and teaching assistant salaries in public schools. The Early Learning Division shall provide guidelines and technical assistance to preschool providers participating in the Preschool Promise Program to address salary disparities among preschool teachers and preschool staff. (d) Develop strategies that strive to increase the mean salary for lead teachers, teaching assistants and other preschool staff employed by preschool providers participating in the Preschool Promise Program. (e) Administer waivers as described in subsection (7) of this section. (f) Develop strategies to ensure preschool providers have the resources necessary to maintain children in placement in the Preschool Promise Program. (9) Each biennium, the Early Learning Division shall submit a report to the Legislative Assembly that describes: (a) The number of children served by the Preschool Promise Program, including the number of children: (A) Whose family incomes are at or below 200 percent of the federal poverty guidelines; (B) Whose family incomes are between 100 and 200 percent of the federal poverty guidelines; (C) Who pay tuition; (D) Who are eligible for Head Start programs; and (E) Who are eligible for early childhood special education. (b) The cost to serve each child described in subsection (5)(c) of this section. (c) The level of state support received for implementing the Preschool Promise Program. (d) The effectiveness of the Preschool Promise Program, including student progress and outcomes. (e) Improvements that have been made to the administration and evaluation of the Preschool Promise Program to improve the effectiveness of the program. (f) The salary, education levels and turnover rates of lead preschool teachers and teaching assistants employed by preschool providers participating in the Preschool Promise Program. (10) The Early Learning Division shall coordinate with the Department of Education and other state agencies in support of the Preschool Promise Program. (11) The Early Learning Division shall prescribe the form and timeline for applications to participate in the Preschool Promise Program. [2015 c.745 §2; 2017 c.140 §1; 2017 c.280 §1; 2019 c.646 §2; 2021 c.93 §1] Note: The amendments to 329.172 by section 26, chapter 631, Oregon Laws 2021, become operative January 1, 2023. See section 64, chapter 631, Oregon Laws 2021. The text that is operative on and after January 1, 2023, is set forth for the user’s convenience. (1)(a) The Preschool Promise Program is established. The Department of Early Learning and Care shall administer the Preschool Promise Program as provided by this section. The Preschool Promise Program shall expand preschool options available to the children of this state. (b) In administering the Preschool Promise Program, the department shall identify local entities as provided under subsection (3) of this section within the region served by each Early Learning Hub to serve as a preschool provider that meets the eligibility criteria established under subsections (4) and (5) of this section. (2) For the purpose of expanding and coordinating preschool options under the Preschool Promise Program, Early Learning Hubs shall: (a) Once every two years, in consultation with resource and referral entities established under ORS 329A.100 to 329A.135, complete a community plan. The community plan must include the following for the region served by the Early Learning Hub: (A) Identification of priority populations of children and families to enroll in the program; (B) Assessment of the availability of high-quality preschool programs; (C) Identification of existing preschool providers and opportunities to increase the number and enrollment capacity of preschool providers; (D) Prioritization of local entities to serve as preschool providers based on community need and enrollment capacity; (E) Identification of methods for increasing the enrollment capacity of preschool providers and for providing professional development to preschool providers; and (F) Identification of other services related to preschool programs. (b) After completing a community plan described in paragraph (a) of this subsection, the Early Learning Hub shall submit the plan to the department for approval based on rules adopted by the Early Learning Council. (c) Based on the results of the most recent community plan, annually coordinate and collaborate with preschool providers to: (A) Determine the preschool program that best meets the needs of eligible children and their families within the Early Learning Hub; and (B) Enroll eligible children in preschool programs. (3) A local entity may apply to the department to be awarded grants or contracts to be a preschool provider under this section if the local entity is: (a) An Early Learning Hub designated under ORS 417.827; (b) A resource and referral entity established under ORS 329A.100 to 329A.135; (c) An education service district; (d) A school district; (e) A federal Head Start program; (f) A community-based organization; or (g) Another entity identified by the department. (4) A preschool provider that meets the requirements of this subsection may apply to participate in the Preschool Promise Program to receive grants or contracts under the program. The preschool provider: (a) Must be establishing a new preschool program or expanding an existing preschool program. (b) Must meet or exceed the requirements of subsection (5) of this section. (c) May be a federal Head Start program, an Oregon prekindergarten, a child care provider, a relief nursery, a private preschool, a public school, a public charter school, an education service district or a community-based organization that provides a preschool program. (5) A preschool provider may participate in the Preschool Promise Program if the provider’s preschool program: (a) Provides, at a minimum, the annual number of instructional hours required for full-day kindergarten. (b) Takes into consideration the scheduling needs of families who need full-time child care. (c) Serves children who: (A) Are at least three years of age but not older than five years of age, as determined by the date used to determine kindergarten eligibility; and (B)(i) Are members of families whose incomes, at the time of enrollment, are at or below 200 percent of the federal poverty guidelines; or (ii) Otherwise meet criteria established by the Early Learning Council by rule. (d) Provides continuity from infant and toddler services to early elementary grades. (e) Demonstrates an ability to maximize available federal, state and local funds. (f) Demonstrates an ability to meet quality standards adopted by the Early Learning Council, including: (A) Participating in the quality recognition and improvement system for early childhood programs as established by ORS 329A.261. (B) Adopting culturally responsive teaching methods and practices. (C) Providing a high-quality, culturally responsive family engagement environment that supports parents as partners in a child’s learning and development. (D) Providing high-quality, culturally responsive curricula, assessments and professional development that are linked to one another and to the state’s comprehensive early learning standards. (E) Providing a classroom environment that is inclusive of all children, regardless of ability or family income. (F) Providing highly trained lead preschool teachers who have: (i) At least a bachelor’s degree in: (I) Early childhood education or a field related to early childhood education; or (II) A field not related to early childhood education if the department, based on rules adopted by the Early Learning Council, determines that the teacher has completed coursework that is equivalent to a major in early childhood education and has sufficient training in early childhood education; (ii) An associate degree with additional training or additional certification in early childhood education or a field related to early childhood education, as determined by the department based on rules adopted by the Early Learning Council; or (iii) Sufficient alternative credentialing to indicate that the teacher is highly trained, as determined by the department based on rules adopted by the Early Learning Council. (G) Providing lead preschool teachers and teaching assistants with a salary that meets the minimum salary requirements established by the Early Learning Council. (H) Providing at least one teaching assistant in each classroom who provides support for academic instruction and who meets the state’s personnel qualification requirements as established by rule by the Early Learning Council. (I) Providing children and families with additional health and child development supports, such as screening, referrals and coordination with health care providers. (g) Incorporates best practices in outreach, enrollment and programming for diverse cultural and linguistic populations and children who have been historically underserved in preschool programs. (h) Works in collaboration with community programs to ensure that families have knowledge of, and are connected to, community resources and supports to meet the needs of children and families served by the preschool program. (i) Participates in an ongoing monitoring and program evaluation system that is used for continuous program improvement. (6)(a) While any moneys received under a grant received or a contract entered into as provided by this section must be used to serve children described in subsection (5)(c) of this section, nothing in subsection (5)(c) of this section prevents a preschool provider from serving additional children, including children who: (A) Pay tuition for the preschool program and whose family income at the time of enrollment exceeds 200 percent of federal poverty guidelines. (B) Are funded by the Oregon prekindergarten program, a federal Head Start program or another source of funding. (b) If a preschool provider participating in the Preschool Promise Program serves children described in paragraph (a) of this subsection, moneys received under a grant or contract as provided by this section may not be used to pay for expenses incurred for the children described in paragraph (a) of this subsection. (7) A preschool provider participating in the Preschool Promise Program may receive a waiver of any of the requirements described in subsection (5) of this section if the waiver: (a) Is for a preschool program that is maintaining progress toward quality; and (b) Is anticipated for the first years of the preschool program only. (8) To assist the department in administering this section, the Early Learning Council shall: (a) Identify resources necessary for the department to develop, support and sustain the implementation of a high-quality preschool program, including evaluations, professional development opportunities, technical assistance, monitoring guidance and administrative assistance. (b) Ensure that pathways and supports are available to teaching staff to increase culturally and linguistically diverse staff to teach and assist in preschool classrooms. (c) Establish minimum salary requirements and target salary guidelines for lead preschool teachers and teaching assistants at preschool providers participating in the Preschool Promise Program. Minimum salary requirements may be differentiated by program type. Target salary guidelines shall be, to the extent practicable, comparable to lead kindergarten teacher and teaching assistant salaries in public schools. The department shall provide guidelines and technical assistance to preschool providers participating in the Preschool Promise Program to address salary disparities among preschool teachers and preschool staff. (d) Develop strategies that strive to increase the mean salary for lead teachers, teaching assistants and other preschool staff employed by preschool providers participating in the Preschool Promise Program. (e) Administer waivers as described in subsection (7) of this section. (f) Develop strategies to ensure preschool providers have the resources necessary to maintain children in placement in the Preschool Promise Program. (9) Each biennium, the department shall submit a report to the Legislative Assembly that describes: (a) The number of children served by the Preschool Promise Program, including the number of children: (A) Whose family incomes are at or below 200 percent of the federal poverty guidelines; (B) Whose family incomes are between 100 and 200 percent of the federal poverty guidelines; (C) Who pay tuition; (D) Who are eligible for Head Start programs; and (E) Who are eligible for early childhood special education. (b) The cost to serve each child described in subsection (5)(c) of this section. (c) The level of state support received for implementing the Preschool Promise Program. (d) The effectiveness of the Preschool Promise Program, including student progress and outcomes. (e) Improvements that have been made to the administration and evaluation of the Preschool Promise Program to improve the effectiveness of the program. (f) The salary, education levels and turnover rates of lead preschool teachers and teaching assistants employed by preschool providers participating in the Preschool Promise Program. (10) The department shall coordinate with the Department of Education and other state agencies in support of the Preschool Promise Program. (11) The department shall prescribe the form and timeline for applications to participate in the Preschool Promise Program.