There are three administrative rule sets open for public comment beginning Thursday, September 1, 2022. Public comment will close for the rule sets Friday, September 23 at 5 p.m. Rules will be presented to the Early Learning Council (ELC) in their September 28, 2022 meeting.
Early Childhood Suspension and Expulsion Prevention Program
Summary: The purposes of the Early Childhood Suspension and Expulsion Prevention Program (Program) are 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. House Bill 2166 of the 2021 Oregon Legislative Session requires the ELC to adopt rules necessary to administration of the Program.
Process: The ELD convened a Rulemaking Advisory Committee (RAC) to advise rule language six times through May and July 2022, with a seventh meeting planned for September. The RAC included diverse voices representing communities across Oregon. Learn more about RAC participants on the RAC website.
Rules to govern the Program will be adopted in several phases, the first of which will be presented in the September 28 ELC meeting. Learn more about what is and is not included in the first round of proposed rulemaking on the Program website, including the most current proposed rule text. The ELD will continue to seek input from people, communities, and organizations impacted by these rules before proposing additional requirements in the future.
Public Comment & Public Hearing: There will be a virtual public hearing on Tuesday, September 20, 5:30 – 6:30 p.m. Please see the the ELD calendar to learn more on how to sign up to present virtual testimony OR submit written public comment.
Office of Child Care: School-Age Center Ruleset Clean-up
Summary: The ELD adopted an entirely new rule set for School-Aged Centers (SAC) in June 2022. School-aged care includes after-school programs for children up to age 12. The ELD engaged several partners in the original rule language development, including holding a RAC made up of school-age providers, parents, and content experts over May 2022. Since adoption in June 2022, a handful of technical issues have come up in implementation from internal and external partners. This clean-up addresses these technical issues. Review a presentation on the proposed language changes here.
Process: To create the adopted ruleset, the ELD first consulted an external work group comprised of subject matter experts, such as employees or managers of SACs, for guidance on what should be included in language. The ELD then convened a RAC over the course of May 2022 to further analyze the ruleset. Since adoption in June 2022, several external and internal partners, including RAC members, have flagged issues in the rule language that create difficulties in implementation. The ELD is proposing technical changes to the ruleset to address this feedback.
Public Comment & Public Hearing: There will be a public hearing on Thursday, September 22, at 5:30 p.m. Please see the calendar link for more information, including how to register for the hearing and full proposed rule text.
TEMPORARY: Early Learning Program Procurement Rule Language Clean-Up
Rule language will be posted with the ELC September 28 meeting materials when available.
Summary: N.B. These rules will be proposed for temporary adoption. The ELD adopted rules in January 2020 governing Preschool Promise, Oregon Prenatal-Kindergarten (previously Oregon Preschool-Kindergarten), and the Early Childhood Equity Fund. In implementation, the rules written around procurement have created barriers to application and payment for providers and the ELD. These proposed rule updates will remove administrative barriers in application and payment.
Process: These proposed rules will be temporary and in effect for 180 days. There is no public hearing scheduled at this time; there will be a public hearing scheduled for permanent administrative rule adoption.
How to provide public comment: These rules will be proposed for temporary adoption at the Wednesday, September 28 ELC Meeting. Please see the calendar link for more information on how to submit public comment for the ELC meeting.
Upcoming at future meetings:
Tribal Early Learning Hub Ruleset
Summary: House Bill 2055 of the 2021 Oregon Legislative Session established the Tribal Advisory Committee to advise the Early Learning Council on the Tribal Early Learning Hub. The Tribal Advisory Committee, comprised of two tribal-appointed members from each of Oregon’s nine federally recognized tribes, is currently working to stand up the new Tribal Early Learning Hub, which will have the Early Learning Division as its backbone organization. Rules are necessary to outline the purpose and functions of the Tribal Early Learning Hub, as well as determine administration of funding between the Early Learning Division, Tribal Early Learning Hub, and the nine federally recognized tribes in Oregon.
Process: A Rulemaking Advisory Committee (RAC) was formed as a subcommittee to the Tribal Advisory Committee. The RAC was comprised of one representative from each of the tribes forming the Tribal Advisory Committee and met twice to develop rules covering the purposes and functions of the Tribal Early Learning Hub. Individual members of the Tribal Advisory Committee have submitted the rule language for feedback & approval to their governments. Rule language is tentatively scheduled to be adopted in the December 14, 2022 ELC meeting.