There are several administrative rule sets that are open for public comment beginning Tuesday, March 1, 2022. Public comment will close for all rule sets Wednesday, March 23, 2022 at 5 p.m. Submit public comment by either attending public hearings (linked below) OR send testimony in Word or PDF format to Remy Watts, Rule Coordinator.

Baby Promise (OAR 414-480-0000 – 414-480-0060)

Find full proposed rule text here.

Summary: The Baby Promise pilot program was approved and funded in HB 2024 of the 2019 Oregon Legislative Session. The purpose of Baby Promise is to increase and sustain the supply and availability of high-quality infant and toddler care for marginalized families furthest from opportunity. Currently, the Baby Promise pilot operates in three regions across Oregon (Coos / Curry Counties, Deschutes / Crook / Jefferson Counties, and Multnomah County). The ELD must operationalize the program through rulemaking.

Process: The ELD convened a Rulemaking Advisory Committee (RAC) over the course of December 2021 and January 2022. The RAC evaluated draft rule language for fiscal and equity impacts.

Public Hearing & Meeting Materials: There will be a public hearing on Wednesday, March 16 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.

CCDF Requirement: Allergic Reactions Update (OARs 414-205-0100; 414-300-0220; and 414-300-0220)

Find full proposed rule text here.

Summary: ELD must update policies around children in care who are at risk of allergic reactions to comply with federal CCDF requirements. These required changes were identified this last fall by the federal Office of Child Care as part of their review of Oregon’s CCDF State Plan. OARs 414-205-0100; 414-300-0220; and 414-300-0220 will be updated to strengthen care providers’ emergency response in the event a child in their care has an allergic reaction.

Process: There are no anticipated fiscal or equity impacts to partners as a result of this federal requirement strengthening safety of children in care settings. The ELD is consulting with providers on the proposed language and does not plan to convene a RAC for this rule change.

Public Hearing & Meeting Materials: There will be a public hearing on Tuesday, March 15 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.

CCDF Requirement: Child Development Training Update

Find full proposed rule text here.

ELD must update its policies around child development training to comply with federal CCDF requirements. ELD is currently out of compliance and must align by spring 2022. ELD has been working with a contractor to develop the training, which is anticipated to be available by July 2022. This training will be required for all license types and must be completed within the first 90 days of hire. Recommended rule language will be presented for vote in the March 2022 ELC meeting.

Process: There are no anticipated fiscal or equity impacts to partners, so the ELD does not plan to consult a RAC.

Public Hearing & Meeting Materials: There will be a public hearing on Tuesday, March 15 at 6 p.m. Please see the calendar link for more information, including how to register for the hearing and full proposed rule text.

Council & Council Member Reimbursement (OAR 414-055-0000 – 414-055-0015)

Find full proposed rule text here.

Summary: The ELD must promulgate permanent rules allowing payment of commission & council members created under ORS 292.495. Temporary rules allowing payment were passed by the Early Learning Council in the October 26, 2021 meeting, and now the rule language must be permanently codified through the public rulemaking process.

Process: There are no anticipated fiscal or equity impacts to partners, so the ELD does not plan to consult a RAC.

Public Hearing & Meeting Materials: There will be a public hearing on Thursday, March 17 at 6 p.m. Please see the calendar link for more information, including how to register for the hearing and full proposed rule text.

Allowing Recorded Programs and License-Exempt Employment Related Day Care (ERDC) Providers into Central Background Registry

Find full proposed rule text here.

Summary: 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. These changes have been requested in the 2022 Oregon Legislative Session and rule adoption is contingent on legislation passing.

Process: There are no anticipated fiscal or equity impacts to partners, so the ELD does not plan to consult a RAC.

Public Hearing & Meeting Materials: There will be a public hearing on Thursday, March 17 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.