There are four administrative rule sets open for public comment beginning Wednesday, June 1, 2022. Public comment will close for the rule sets Tuesday, June 28 at 10 a.m. Submit public comment by either attending public hearings (linked below) OR send testimony in Word or PDF format to Remy Watts, Rule Coordinator.

School-Age Center Ruleset

Find the most updated rule language on the ELD calendar. Note: Rule language is draft and subject to change.

Summary: The ELD will be adopting an entirely new rule set (also known as a division) within the ELD’s rule chapter for school-aged centers. (N.B. The full rule set, provided in the next meeting packet and posted for public comment on June 1, will be about 70 pages.) School-aged care includes after-school programs for children up to age 12. This new ruleset comes about because rules in other sets that could apply (such as certified center) do not apply to school-age children and can be developmentally inappropriate; as well as to build alignment with the K-12 system so that things allowed during the school day aren’t disallowed when school ends (such as scissors that must be locked up at 3 p.m.). The ELD has engaged several partners in the rule language development, including holding a RAC made up of school-age providers, parents, and content experts over May 2022.

The ELD received many pieces of feedback from school-age partners on how to develop the ruleset, including requests around:
• Intentionally building the rules for school-age only programs;
• Removing requirements that are duplicative with K-12 requirements (i.e. duplication of inspections) or unnecessary in public school settings;
• Examining qualifications for school-age center employees and adjusting based on the available workforce, as well as to align with feedback from subject matter experts;
• Focused on age-appropriateness;
• Plain language approach;
• Clarifying existing ELD – OCC practices/policies;
• Reorganizing in a more logical manner (for example, all policies are listed under “Policies”);
• Alignment with Caring for our Children best practices; and
• Creating an easier pathway for school-age licensure.

The ELD has addressed all concerns listed above throughout the ruleset in consultation with the RAC.

Process: To write the first draft ruleset, the ELD 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, leading to the requests detailed in the above summary section. The ELD convened a RAC over the course of May 2022 to further analyze the draft school-age ruleset with diverse partners for additional feedback to improve language. The ELD will continue to seek feedback from internal and external partners, such as the internal Equity Advisory Committee, to continue refining the final proposed rule language for presentation to the ELC.

Public Hearing & Meeting Materials: There will be a public hearing on Tuesday, June 21, 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.

Tribal Early Learning Hub Ruleset

Find the most updated rule language on the ELD calendar. Note: Rule language is draft and subject to change.

Summary: HB 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 presented in the June ELC meeting. Note: Approval from Tribal Nation governments may not be completed by the June ELC meeting date; if this is the case, rules will be presented in the September ELC meeting for adoption.

Public Hearing & Meeting Materials: There will be a public hearing on Wednesday, June 22, at 5:00 p.m. Please see the calendar link for more information, including how to register for the hearing and full proposed rule text.

Sunset Repeal of Aide II Responsibilities

Find the most updated rule language on the ELD calendar. Note: Rule language is draft and subject to change.

Summary: Aide II requirements were restructured in response to the COVID-19 crisis, giving Aide IIs increased supervisory responsibilities during the emergency. The rule was given a sunset date of June 30, 2022; the rule update has been so popular with providers that the ELD is removing the sunset date. See proposed language below:

OAR 414-300-0110: Teacher Aides

(3) An Aide II may support teachers in caring for children but may not be left alone with a group of children, except when:

(a) Until June 30th 2022, Supervising a group of children for no more than 60 minutes at a time, not to exceed more than 120 minutes of Aide II supervision per day, provided staff-to-child ratios are maintained, and there is another staff who is teacher, head teacher, or director qualified present at the facility. An Aide II may supervise an Aide I for no more than 60 minutes at a time.

(b) Accompanying a child or a group of children to the bathroom;

(c) Providing minor medical attention to a child;

(d) Supervising a child who is ill and has been separated from the other children until the child leaves the center;

(e) Transporting children; or

(f) Supervising children at rest, as described in OAR 414-300-0130(2)(a).

(4) An Aide II may not be left alone with a group of children, except as described in OAR 414-300-0130(2)(a) and 414-300-0350(5)(b).

(5) Staff at Aide II level shall be trained in the policies and procedures appropriate to tasks assigned prior to even brief periods of unsupervised access to children.

Process: The ELD has initiated this rule change in response to popularity among child care providers and feedback collected in general child care provider outreach.

Public Hearing & Meeting Materials: There will be a public hearing on Wednesday, June 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: Allowing Recorded Programs and License-Exempt Employment Related Day Care (ERDC) Providers into Central Background Registry

Find the most updated rule language on the ELD calendar. Note: Rule language is draft and subject to change.

Summary: N.B. These rules will be proposed for temporary adoption. This rulemaking has been moved to June from May 2022 to align with required rulemaking timelines more efficiently. This rulemaking will allow recorded programs, which are currently unlicensed facilities, to be enrolled in the Central Background Registry. Furthermore, license-exempt ERDC providers will be required to enroll in the Central Background Registry. This rulemaking gives ELD the authority to include both recorded programs and license exempt subsidy recipients into the pool of “subject individuals”. ELD will be enrolling providers into the CBR as their ODHS background checks expire and will allow additional time to enroll them prior to becoming DELC.

Process: These rules will be temporary and in effect for 180 days. The ELD is planning robust external engagement with affected providers during the 180-day window before presentation of administrative rules for permanent adoption in an upcoming ELC meeting. 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, June 29 Early Learning Council Meeting. Please see the calendar link for more information on how to submit public comment for the Early Learning Council meeting.

Upcoming at future meetings:

Early Childhood Suspension and Expulsion Prevention Program: The purpose of the Early Childhood Suspension and Expulsion Prevention Program is to prevent suspension and expulsion of young children from early care settings, especially based on race, ethnicity, language, or ability. HB 2166 of the 2021 Oregon Legislative Session requires the Early Learning Council to adopt rules necessary to administration of the program. The ELD has begun the RAC process over May 2022, as well as recognized the need to partner more deeply with the Governor’s Office to understand possible ramifications of rule language within and beyond the ELD. Recommended rule language is tentatively scheduled to be presented for vote in the September 2022 ELC meeting.