Rulemaking Engagement – Page 3

Public Testimony: Lead Testing in Licensed and Regulated Child Care Facilities

The Early Learning Council will continue to accept public testimony for lead testing water in child care facilities until 5pm January 25, 2018. Please send to alyssa.chatterjee@state.or.us.

A link to public testimony that was received by the initial January 21, 2018 deadline can be found at this link: https://oregonearlylearning.com/wp-content/uploads/2018/01/ELD-Public-Testimony-Received_LeadRules.pdf

Added 2/23: Additional public testimony received between January 21-25, 2016 can be found at this link: https://oregonearlylearning.com/wp-content/uploads/2018/03/Additional-Testimony_ELD-Lead.pdf

The Early Learning Council will also receive an update on the rulemaking process for this rule set. You can find more information on this meeting here: https://oregonearlylearning.com/meeting/meetingearly-learning-council-meetings-january-25-2018/

Increasingly, information indicates lead is leaching into water through plumbing and piping. Young children are at greatest risk of health problems related to lead exposure. This rule will require all licensed and regulated child care facilities to test for lead in water using an OHA accredited laboratory, report results and require specific actions to mitigate against lead exposure if lead is present.

Draft rule language can be found at these links:

https://oregonearlylearning.com/wp-content/uploads/2017/12/DraftFiling12.5_414-180.pdf
https://oregonearlylearning.com/wp-content/uploads/2017/12/DraftFiling12.5_414-205.pdf
https://oregonearlylearning.com/wp-content/uploads/2018/01/DraftFiling12.5_414-300.pdf
https://oregonearlylearning.com/wp-content/uploads/2018/01/DraftFiling12.5_414-350.pdf

Early Learning Division
OregonEarlyLearning.com
Contact: Alyssa Chatterjee, Early Learning Council Administrator
971-701-1535
alyssa.chatterjee@state.or.us

Office of Child Care (OCC) Statutory Workgroup Meets January 17, 2018

The Office of Child Care Statutory Workgroup will meet on Wednesday, January 17, 2018. The meeting will be held in Salem, Oregon at the State Capitol, Room H470 from 1:00-3:00pm.*

Agenda and meeting materials are posted below.

The State Capitol is located at 900 Court Street NE, Salem, OR 97301.

For meeting information, please contact Alyssa Chatterjee, alyssa.chatterjee@state.or.us.

Meeting Materials
January 17th Agenda
LC 65
LC 65 Summary Overview
November 6, 2017 Minutes

Rule Revision: Reposted Lead Testing in Licensed and Regulated Child Care Facilities

The Early Learning Council will begin rulemaking to adopt permanent administrative rules relating to testing water for lead in licensed and regulated child care facilities. These rules have been redrafted with some corrections and additions for public comment.

Draft rule language can be found at these links:

The public comment period will close January 21, 2017 at 5:00 p.m.

Early Learning Division
OregonEarlyLearning.com
Contact: Alyssa Chatterjee, Early Learning Council Administrator
971-701-1535
alyssa.chatterjee@state.or.us

Rule Revision: Child Care Contribution Tax Credit Rules

Oregon Administrative Rules – Oregon Department of Education, Early Learning Division

OAR Chapter 414, Division 700 – Child Care Contribution Tax Credit Program

The Early Learning Council will begin formal rulemaking to adopt rules governing the Child Care Contribution Tax Credit program.

In 2003, the legislature enacted the Oregon Child Care Contribution Tax Credit to improve the quality of child care programs through education awards and quality improvement grants. The Early Learning Division is authorized to issue tax credit certificates up to $500,000 in total certificates per year. By making a contribution to the program, taxpayers receive an Oregon state tax credit of 50 cents for each dollar contributed. The Child Care Contribution Tax Credit has a sunset date of January 1, 2022.

Legislation passed in 2015 limited the amount that can be claimed against a taxpayer’s liability to 50 percent. Prior to passage of HB 2171 in 2015, the amount was set by the Early Learning Council by rule. During the 2017 legislative session, the Oregon Legislature amended the Child Care Contribution Tax Credit. HB 3066 (2017) provided technical fixes to the statutes governing administration of the tax credit. The bill removed erroneous statutory language and added language to support strategies identified following enactment of the tax credit program 2003. Rule revisions to be considered will align existing rule with these statutory changes.

LAST DAY AND TIME TO OFFER COMMENT TO AGENCY: 12/21/2017 5:00 PM

View Notice of Proposed Rulemaking

CONTACT:
Lisa Pinheiro
503-910-8135
lisa.pinheiro@ode.oregon.gov
775 Summer Street NE
Suite 300
Salem, OR 97301

Rule Revision: Relief Nurseries

November 2, 2017

The Early Learning Council will begin formal rulemaking to adopt rules governing Relief Nurseries.

ORS 417.788 directs the Early Learning Division to support relief nurseries statewide as funding becomes available. 417.788 (1). Section 28, chapter 624, Oregon Law 2013 requires the Early Learning Division to enter into contracts with relief nurseries to ensure service continuity and efficient delivery of contracted services.

The Child Care and Education Committee (CCEC) of the Council, also serving as the rules advisory committee, will consider policy and rule concepts during public meetings in November, 2017.

Interested parties and individuals who wish to attend the CCEC meetings may find meeting agendas and materials at the CCEC meeting calendar: https://oregonearlylearning.com/early-learning-council/meeting-calendar/?term=87.

Draft rule language can be found at this link: https://oregonearlylearning.com/wp-content/uploads/2017/11/Chapter-414-Division-600-Filing.pdf

Public comment on proposed rule will be open until 5 p.m. December 21, 2017.

Early Learning Division
OregonEarlyLearning.com
Contact: Lisa Pinheiro, Early Learning Policy Specialist
503-910-8135
lisa.pinheiro@ode.oregon.gov

Office of Child Care (OCC) Statutory Workgroup Meets November 6, 2017

The Office of Child Care Statutory Workgroup will meet on Monday, November 6, 2017. The meeting will be held in Salem, Oregon at the State Capitol, Room 350 from 10:30 a.m. to 12:30 p.m.*

Agenda and meeting materials are posted below.

The State Capitol is located at 900 Court Street NE, Salem, OR 97301

For meeting information, please contact Lisa Pinheiro at lisa.pinheiro@ode.oregon.gov
*(this meeting may adjourn early)

Agenda
Updated: Workgroup Proposal
8-28-17 Meeting Minutes

Rule Revision: Enrollment in Central Background Registry

The Early Learning Council will begin rulemaking to adopt permanent administrative rules relating to enrollment in the Central Background Registry established pursuant to ORS 329A.030.

The Early Learning Division Office of Child Care (OCC) administers the Central Background Registry (CBR) pursuant to ORS 329A.030. OCC conducts background checks on individuals associated with child care facilities.

Rule amendments are necessary due to the passage of HB 2259 (2017 session) which modifies existing statutory language in ORS 329A.030 related to the Office of Child Care CBR. Additionally, the Child Care Development Block Grant (CCDBG) of 2014, codified at 45 CFR 98, established new requirements for CBR background checks, and established a list of crimes that make an individual ineligible for enrollment in the CBR.

The Child Care and Education Committee, serving as the Council’s Rules Advisory Committee, began considering proposed rule language this fall.

Interested parties can access the draft rule language at the following link:
https://oregonearlylearning.com/wp-content/uploads/2017/11/ELD-CBR-Draft-Administrative-Rules-November-2017.pdf

The public comment period will close November 21, 2017 at 5:00 p.m.

Early Learning Division
OregonEarlyLearning.com
Contact: Lisa Pinheiro, Early Learning Policy Specialist
503-910-8135
lisa.pinheiro@ode.oregon.gov

Office of Child Care (OCC) Statutory Workgroup

The Office of Child Care (OCC) Statutory Workgroup will meet on Monday, August 28, 2017, 9:00 to 12:00 noon*. The meeting will be held at the State Capitol Building, Room H470.

Statutory Workgoup Agenda Aug 28 meeting

DRAFT Agenda:

Approve meeting minutes (June 29, 2017 meeting)
ORS Chapter 329A overview
Carryover items from June meeting
1. DHS/OCC flowchart (simplified)
2. CBR process timeline
3. Administrative Procedures Act (APA) overview & complaint findings (DOJ)
4. Child care categories
Audit findings and recommendations (Original audit Dec 2015 and update June 2017)
Workgroup timeline and work plan
1. Future meeting dates (TBD)
2. Legislative days

*(this meeting may adjourn early)

6-29-17 meeting minutes_Draft

Workgroup timeline_1

ORS 329 A summary

Chapter 329A annotated

Oregon Child Care Characteristics October 2016_OCC workgroup

Strategies to address findings of internal audit DHS CPS (simplified) flow chart

Rule Amendments: License-Exempt Child Care Providers Accepting Federal Subsidies

OAR Chapter 414, Division 180.

The Early Learning Council will begin rulemaking to amend rules governing license-exempt child care providers accepting federal subsidies. The Child Care and Development Block Grant Act of 2014 requires states and territories to conduct health and safety monitoring inspections for all child care providers who accept federal funding (subsidies) from the Child Care and Development Fund. The Early Learning Council will promulgate rules covering the on-site health and safety monitoring of licensed-exempt providers serving families receiving subsidies, now referred to as “Regulated Subsidy Providers”.

The Child Care Development Block Grant Act of 2014 requires the Early Learning Division to begin annual health and safety inspections of license exempt child care providers who accept federal subsidies. ORS 329A.505 authorizes the Office of Child Care to conduct on-site inspections when such inspections are required under federal law and authorizes the Office of Child Care to require improvements or corrections necessary to bring provider into compliance.

The Early Learning Council adopted administrative rules covering health and safety inspections and corrective actions in June 2016 applicable to home-based Regulated Subsidy Providers. The Council then revised those rules in January 2017 to include rules for center-based child care facilities.

Subsequent rule revisions in March 2017 inadvertently reverted back to pre-January rule language. This rulemaking will correct the rule language to cover home-based and center-based child care facilities.

Click here to view the proposed rule revisions.

The public comment period will close on September 22, 2017, 5:00 p.m.

Comments may be emailed to lisa.pinheiro@state.or.us.

Central Background Registry Rule Revision

The Early Learning Council will begin rulemaking to adopt permanent administrative rules relating to enrollment in the Central Background Registry established pursuant to ORS 329A.030.

Rule amendments are necessary due to the passage of HB 2259 (2017 session) which modifies existing statutory language in ORS 329A.030 related to the Office of Child Care’s Central Background Registry (CBR). Additionally, the Child Care Development Block Grant (CCDBG) of 2014, codified at 45 CFR 98, established new requirements for CBR background checks, and established a list of crimes that make an individual ineligible for enrollment in the CBR.

The Child Care and Education Committee, serving as the Council’s Rules Advisory Committee, will begin considering proposed rule language at its September 14, 2017 meeting. Interested parties can access the Committee meeting agendas and materials at https://oregonearlylearning.com/public-meetings/child-care-education-committee.

Click here to view the proposed rule revisions.

The public comment period will close on September 22, 2017, 5:00 p.m.

Comments may be emailed to lisa.pinheiro@state.or.us.