Oregon Bill~VERY LONG

May 23, 2001

Much of this is 'pretty'...much of it, I do not agree with, such as

the tracking, etc.

----------------

71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session

NOTE: Matter within { + braces and plus signs + } in an

amended section is new. Matter within { - braces and minus

signs - } is existing law to be omitted. New sections are within

{ + braces and plus signs + } .

LC 4206

Senate Bill 965

Sponsored by COMMITTEE ON RULES AND REDISTRICTING

SUMMARY

The following summary is not prepared by the sponsors of the

measure and is not a part of the body thereof subject to

consideration by the Legislative Assembly. It is an editor's

brief statement of the essential features of the measure as

introduced.

Directs State Commission on Children and Families,

Superintendent of Public Instruction and Director of Human

Services to jointly establish policies for statewide early

childhood system. Specifies components of system. Directs State

Commission on Children and Families, Department of Education and

Department of Human Services to develop plan for sharing and

linking data to implement common data system for early childhood

programs.

Requires creation of local early childhood system plan as part

of local coordinated comprehensive plan. Requires early childhood

services to be consistent with plan.

Modifies provisions relating to family resource centers, relief

nurseries, Great Start grants, Healthy Start Family Support

Services programs, Oregon prekindergarten program,

parent-as-teacher programs, early childhood special education and

early intervention services.

Directs Commission for Child Care to create Task Force on

Financing Quality Child Care.

Declares emergency, effective July 1, 2001.

A BILL FOR AN ACT

Relating to children; creating new provisions; amending ORS

329.170, 329.175, 329.183, 329.185, 329.190, 329.195, 329.200,

329.225, 329.235, 329.237, 343.455, 343.475, 343.495, 417.725,

417.748, 417.775, 417.788, 417.790, 417.795 and 657A.030;

repealing ORS 329.165 and 329.180; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

{ +

OREGON EARLY CHILDHOOD SYSTEM + }

SECTION 1. { + Section 2 of this 2001 Act is added to and made

a part of ORS 417.710 to 417.725. + }

SECTION 2. { + The Legislative Assembly finds:

(1) The first three years of life are a crucial period in a

child's life, and during this period a child is sensitive to the

protective mechanisms of parental and family support;

(2) Brain development that takes place during the first year of

life is rapid and extensive and has implications for lifelong

physical, social-emotional and cognitive well-being; and

(3) An integrated system of community-based supports is

essential to the health and well-being of young children and

their families. + }

SECTION 3. { + Section 4 of this 2001 Act is added to and made

a part of ORS 417.705 to 417.797. + }

SECTION 4. { + Based on the findings expressed in section 2 of

this 2001 Act, there is created the Oregon Early Childhood

System. The goals of the system are to:

(1) Prevent child abuse and neglect;

(2) Improve the health and development of young children;

(3) Promote bonding and attachment in the early years of a

child's life;

(4) Support parents in providing the optimum environment for

their young children;

(5) Link and integrate services and supports in the statewide

early childhood system pursuant to ORS 417.748;

(6) Link and integrate services and supports in the local early

childhood system pursuant to section 9 of this 2001 Act;

(7) Ensure that children are entering school ready to learn;

and

(8) Ensure that children receive quality child care. + }

{ +

STATE RESPONSIBILITY AND PLANNING + }

{ +

FOR EARLY CHILDHOOD SYSTEM + }

SECTION 5. ORS 417.748 is amended to read:

417.748. (1) The State Commission on Children and Families,

{ - in consultation with the Department of Education, the Board

of Trustees of the Children's Trust Fund, the Department of - }

{ + the Superintendent of Public Instruction and the Director

of + } Human Services { - and - } { + shall lead a joint

effort with + } other state and local providers of early

childhood development services { - , shall - } { + to + }

establish the policies necessary for a statewide early childhood

system that shall be incorporated into the local coordinated

comprehensive plan.

(2) The { + statewide early childhood + } system shall be

designed to achieve { + :

(a) + } The appropriate early childhood benchmarks { - and

shall: - } { + adopted by the Oregon Progress Board and jointly

identified by the State Commission on Children and Families, the

Superintendent of Public Instruction and the Director of Human

Services as the appropriate benchmarks; and

( Any other early childhood benchmark or intermediate outcome

jointly identified by the State Commission on Children and

Families, the Superintendent of Public Instruction and the

Director of Human Services as an appropriate benchmark or

outcome.

(3) The statewide early childhood system shall include the

following components:

(a) A process to identify as early as possible children and

families who would benefit from early childhood services;

( A plan to support the identified needs of the child and

family that coordinates case management personnel and the

delivery of services to the child and family; and

years of age and their families, including:

(A) Screening, assessment and home visiting services pursuant

to ORS 417.795;

( Specialized or targeted home visiting services;

(D) High quality child care;

(E) Preschool and other early education services;

(F) Health services for children and pregnant women;

(G) Mental health services;

(H) Alcohol and drug treatment programs; and

(I) Other state and local services.

(4) The State Commission on Children and Families, the

Superintendent of Public Instruction and the Director of Human

Services shall jointly: + }

(a) Consolidate administrative functions, to the extent

practicable, including but not limited to training and technical

assistance, { - data systems, data collection, - } planning

and budgeting;

{ - ( Identify existing prenatal and perinatal services and

other early childhood services for children from birth through

eight years of age; - }

{ + ( Adopt policies to establish training and technical

assistance programs to ensure that personnel have skills in

appropriate areas, including screening, family assessment,

competency-based home visiting skills and other areas as needed;

assessment tools that would be used as appropriate in all

programs and services of the statewide early childhood system;

(d) Develop a plan for the implementation of a common data

system for early childhood programs as provided in section 7 of

this 2001 Act; + }

{ - © - } { + (e) + } Coordinate existing and new early

childhood programs to provide a range of community-based

supports;

{ - (d) Provide for the coordination of early childhood

programs by creating a multidisciplinary process to connect

children and families with the most appropriate supports to

address identified needs; and - }

{ - (e) Identify how the early childhood system for children

who are prenatal through eight years of age will link with

systems of support for older children and their families. - }

{ + (f) Adopt a common set of quality assurance standards to

guide local implementation of all elements of the statewide early

childhood system, including universal screening and assessment,

home visiting, staffing, evaluation and community-based services;

(g) Ensure that all plans for early childhood services are

coordinated and blended in a manner consistent with federal and

state law, including but not limited to plans for Oregon

prekindergarten programs, federal Head Start programs, early

childhood special education services, early intervention services

and public health services;

(h) Identify how the statewide early childhood system for

children who are zero through eight years of age will link with

systems of support for older children and their families;

(i) Contract for an evaluation of the outcomes of the statewide

early childhood system; and

(j) During January of each odd-numbered year, report to the

Governor and the Legislative Assembly on the statewide early

childhood system. The report shall include the evaluation

described in paragraph (i) of this subsection.

(5) The State Commission on Children and Families, the State

Board of Education and the Department of Human Services when

adopting rules to administer early childhood programs under their

individual authority shall adopt rules that are consistent with

the requirements of the statewide early childhood system created

under this section. + }

SECTION 6. { + Sections 7 to 9 of this 2001 Act are added to

and made a part of ORS 417.705 to 417.797. + }

SECTION 7. { + During the 2001-2003 biennium, the State

Commission on Children and Families, the Department of Education

and the Department of Human Services shall jointly:

(1) Develop a plan for sharing and linking data to implement a

common data system for all early childhood programs as described

in ORS 417.748. The plan shall specify how the confidentiality of

personally identifiable information that is contained in the

common data system will be maintained;

(2) Coordinate with the information resources management

division of the Oregon Department of Administrative Services to

ensure conformance with accepted project management practices and

the corporate data management directives in the Statewide

Enterprise Information Technology Strategy;

(3) Establish measurable performance goals for the project that

are consistent with the commission's and departments' information

resources management plans and with accepted project management

practices;

(4) Report on the status of the project to the State Chief

Information Officer each quarter; and

(5) Report to the Seventy-second Legislative Assembly about the

implementation of the plan. + }

SECTION 8. { + (1) Based on the plan developed under section 7

of this 2001 Act, the Department of Human Services shall

administer a common data system to share and link data for all

early childhood programs, including but not limited to prenatal

and perinatal services, the federal Head Start program, the

Oregon prekindergarten program, the Healthy Start Family Support

Services program, early intervention services and early childhood

special education. The data system shall identify outcomes for

the children and families served.

(2) Access to personally identifiable information contained in

the data system shall be consistent with state and federal laws

regarding confidentiality. + }

{ +

LOCAL RESPONSIBILITY AND PLANNING + }

{ +

FOR EARLY CHILDHOOD SYSTEM + }

SECTION 9. { + (1) Each local commission on children and

families, as part of the local coordinated comprehensive plan

developed under ORS 417.775 for the county or region, shall lead

and coordinate the development of a local early childhood system

plan that shall focus on the needs of children who are zero

through eight years of age and their families.

(2) A local commission shall include in the process to develop

the local early childhood system plan, parents, community

representatives and representatives of local providers of early

childhood services that reflect the diversity of the county or

region, including but not limited to representatives from:

(a) Hospitals and the health professions;

( Local early intervention councils;

(d) Community corrections agencies;

(e) Mental health services;

(f) County health departments;

(g) Healthy Start Family Support Service programs;

(h) Alcohol and drug treatment programs;

(i) Child care providers; and

(j) Other providers of prenatal and perinatal services.

(3) A local early childhood system plan shall:

(a) Provide for the coordination of early childhood programs by

creating a process to connect children and families with the most

appropriate supports;

( Include a description of how the components of the

statewide early childhood system specified in ORS 417.748 will be

implemented in the county or region;

(d) Identify ways to maximize the use of volunteers and other

community resources; and

(e) Ensure that the diverse populations within a community

receive services that are culturally appropriate.

(4) Local communities are encouraged to:

(a) Use private nonprofit organizations to raise community

awareness and support for the local early childhood system; and

( Involve the medical community to ensure appropriate

referrals to services and supports that are provided through the

local early childhood system. + }

{ +

SERVICES TO CHILDREN AND FAMILIES + }

SECTION 10. ORS 417.725 is amended to read:

417.725. (1) Key elements of the service system developed and

implemented under ORS 417.705 to 417.797 and 419A.170 are:

(a) A two-to-seven-year incremental implementation process with

measurable outcomes;

( An implementation process resulting in a system based on

nurturing human development; and

children of Oregon. Family resource centers and family service

centers are a viable, but not the exclusive, structure for

delivering a service continuum.

(2) If a system of family resource centers and family service

centers is selected by a local commission on children and

families established pursuant to ORS 417.760 { + , the family

resource centers + }:

(a) { - Family resource centers - } May serve as the

prevention arm of the delivery system and may be integrated into

neighborhood-based services with the intent that services be

available to all families to promote their children's wellness

{ - . - } { + ; + }

( { - Family service centers - } May serve as the

treatment arm of the delivery system { - . - } { + ;

children;

(d) Shall involve the local community in developing and

overseeing family resource center programs;

(e) Shall provide children with the tools necessary for a

successful transition into school; and

(f) Shall be consistent with the local coordinated

comprehensive plan. + }

SECTION 11. ORS 417.775 is amended to read:

417.775. (1) Under the direction of the board or boards of

county commissioners, and in conjunction with the guidelines set

by the State Commission on Children and Families, the main

purposes of a local commission on children and families are to

promote wellness for the children and families in the county or

region, to mobilize communities and to develop policy and oversee

the implementation of a local coordinated comprehensive plan

described in this section. A local commission shall:

(a) Inform and involve citizens;

( Identify and map the range of resources in the community;

children who are 0 to 18 years of age and their families;

(d) Develop local policies, priorities and measurable outcomes;

(e) Prioritize activities identified in the local plan and

mobilize the community to take action;

(f) Prioritize the use of nondedicated resources;

(g) Monitor implementation of the local plan; and

(h) Monitor progress of and evaluate the outcomes identified in

the local plan that are reviewed under ORS 417.797, and report on

the progress in addressing priorities and achieving outcomes.

(2) The local commission shall lead and coordinate a process to

assess needs and identify county or regional outcomes to be

achieved. The process shall be in conjunction with other

coordinating bodies for services for children and families { - ,

including entities, governments, community groups, education

representatives, organizations, youths and citizens - } { + and

shall include representatives of education, mental health

services, alcohol and drug treatment programs, public health

programs, child care providers, law enforcement and corrections

agencies, private nonprofit entities, local governments,

faith-based organizations and the local community + }. The

process shall include populations representing { - a - }

{ + the + } diversity of the county or region.

(3) Through the process described in subsection (2) of this

section, the local commission shall develop and prepare a single

local plan for coordinating programs, strategies and services for

children who are 0 to 18 years of age and their families among

community groups, government agencies, private providers and

other parties. The local plan shall be a comprehensive area-wide

service delivery plan for all services to be provided for

children and families in the county or region. The local plan

shall be designed to achieve state and county or regional

outcomes, including the Oregon benchmarks, based on state

policies and guidelines and to maintain a level of services

consistent with state and federal requirements.

(4) The local commission shall prepare the local coordinated

comprehensive plan and applications for funds to implement ORS

417.705 to 417.797 and 419A.170. The local plan, policies and

proposed service delivery systems shall be submitted to the board

or boards of county commissioners for approval prior to

submission to the state commission. The local plan shall be based

on identifying the most effective service delivery system

allowing for the continuation of current public and private

programs where appropriate. The local plan shall address needs,

strengths and assets of all children, families and communities,

including those children and families at highest risk.

(5) The local coordinated comprehensive plan shall include:

(a) Subject to the availability of funds:

(A) Identification of ways to connect all state and local

planning processes related to services for children and families

into the local coordinated comprehensive plan to create positive

outcomes for children and families;

( Provisions for a continuum of social supports at the

community level for children from the prenatal stage through 18

years of age, and their families, that takes into account areas

of need, service overlap, asset building and community strengths

as outlined in ORS 417.305 (2);

created pursuant to { - ORS 417.748 - } { + section 9 of this

2001 Act + };

(D) Local alcohol and other drug prevention and treatment plans

developed pursuant to ORS 430.258; and

(E) The local high-risk juvenile crime prevention plan

developed pursuant to ORS 417.855; and

( A list of staff positions budgeted to support the local

commission on children and families. The list shall indicate the

status of each position as a percentage of full-time equivalency

dedicated to the implementation of the local coordinated

comprehensive plan. The county board or boards of commissioners

shall be responsible for providing the level of staff support

detailed in the local plan and shall ensure that funds provided

for these purposes are used to carry out the local plan.

(6) The local coordinated comprehensive plan shall:

(a) Improve results by addressing the needs, strengths and

assets of all children, families and communities in the county or

region, including those children and families at highest risk;

( Improve results by identifying the methods that work best

at the state and local levels to coordinate resources, reduce

paperwork and simplify processes, including data gathering and

planning;

(d) Be based on proven practices of effectiveness for the

specific community;

(e) Contribute to a statewide system of formal and informal

services and supports that is provided at the community level,

that is integrated in local communities and that promotes

improved outcomes for Oregon's children;

(f) Be presented to the citizens in each county for public

review, comment and adjustment;

(g) Be designed to achieve outcomes based on

research-identified proven practices of effectiveness; and

(h) Address other issues, local needs or children and family

support areas as determined by the local commission pursuant to

ORS 417.735.

(7) In developing the local coordinated comprehensive plan, the

local commission shall:

(a) Secure active participation pursuant to subsection (2) of

this section;

( Provide for community participation in the planning

process, including media notification;

needs and strengths;

(d) Identify opportunities for service integration; and

(e) Develop a local coordinated comprehensive plan and budget

to meet the priority needs of a county or region.

(8) The State Commission on Children and Families may

disapprove a local coordinated comprehensive plan in whole or in

part only upon making specific findings that the local plan

substantially fails to conform to the principles, characteristics

and values identified in ORS 417.710 to 417.725 and 417.735 (4).

If the state commission disapproves a local plan in whole, the

state commission shall identify with particularity the manner in

which the local plan is deficient. If the state commission

disapproves only part of the local plan, the remainder of the

local plan may be implemented. The staff of the state commission

shall assist in remedying the deficiencies in the local plan. The

state commission shall set a date by which the local plan or the

deficient portion thereof shall be revised and resubmitted.

(9) If a local commission determines that the needs of the

county or region it serves differ from those identified by the

state commission, it may ask the state commission to waive

specific requirements in its list of children's support areas.

The process for granting waivers shall be developed by the state

commission prior to the start of the review and approval process

for the local coordinated comprehensive plan described in ORS

417.735 (4) and shall be based primarily on a determination of

whether the absence of a waiver would prevent the local

commission from best meeting the needs of the county or region.

(10) From time to time, the local commission may amend the

local coordinated comprehensive plan and applications for funds

to implement ORS 417.705 to 417.797 and 419A.170 upon approval of

the board or boards of county commissioners and the State

Commission on Children and Families.

(11) The local commission shall provide an opportunity for

public and private contractors to review the components of the

local coordinated comprehensive plan, to receive notice of any

component that the county or counties intend to provide through a

county agency and to comment publicly to the board or boards of

county commissioners if they disagree with the proposed service

delivery plan.

SECTION 12. ORS 417.788 is amended to read:

417.788. (1) Local commissions on children and families may

establish relief nurseries for young children who are at risk and

their families. The relief nurseries shall { + :

(a) Be consistent with the local coordinated comprehensive

plan; and

( + } Involve the parents of children served by the relief

nurseries.

{ + (2) + } Programs at the relief nurseries shall include:

(a) Therapeutic early childhood education programs; and

( Parent education, training and support.

{ - (2) - } { + (3) + } Each relief nursery that receives

state funding shall have financial support from the community

that is at least equal to 25 percent of any state allocation.

SECTION 13. ORS 417.790 is amended to read:

417.790. The State Commission on Children and Families shall:

(1) Make Student Retention Initiative grants to fund student

retention initiatives designed to identify youths in danger of

leaving school before graduation and to assist them in completing

their education.

(2) Make Great Start grants { - with the goal of having

children reach the first grade with good physical, social,

emotional and language development. The state commission shall

assist counties in the implementation and operation of Great

Start programs for children who are newborn to six years of age

including parent support programs, child care and child

development services, physical and mental health promotion and

access to services. - } { + to fund community-based programs

for children who are newborn through eight years of age. A county

or region shall use Great Start grant funds to provide

research-based early childhood programs in community settings and

to provide services that have proven to be successful and that

meet the needs of the community as described in the local early

childhood system plan that is part of the local coordinated

comprehensive plan. + }

(3) Make juvenile services grants to fund juvenile delinquent

programs for diversion, delinquency prevention, detention,

shelter care, probation, restitution, family support services and

community centers for the care and treatment of juveniles in need

of services, for the purpose of reducing the rate of juvenile

delinquency.

SECTION 14. ORS 417.795 is amended to read:

417.795. (1) The State Commission on Children and Families

established under ORS 417.730 shall establish Healthy Start

Family Support Services programs { - provided - } through

{ + contracts entered into by + } local commissions on children

and families in all counties of this state as funding becomes

available.

(2) These programs shall be { + nonstigmatizing, voluntary

and + } designed to achieve the appropriate early childhood

benchmarks and shall:

(a) Provide a comprehensive { + screening and + } risk

assessment of all newly born children and their families;

( Identify { + , as early as possible, + } families that

would benefit most from the programs;

including but not limited to community-based home visiting

{ - intervention - } services and primary health care

services;

(d) Provide other supports, including but not limited to

referral { + to + } and { - coordination - } { + linking + }

of community and public services for children and families such

as { - counseling - } { + mental health services, alcohol and

drug treatment programs + }, child care, food, housing and

transportation;

(e) Coordinate services for children { + consistent with the

local early childhood system plan developed pursuant to section 9

of this 2001 Act + };

(f) Provide follow-up services and supports from birth through

five years of age;

(g) { - Establish a - } { + Integrate data with the

common + } data system

{ - to document: - } { + for early childhood programs

described in section 8 of this 2001 Act;

(h) Be included in a statewide independent evaluation to

document: + }

(A) Level of screening and assessment;

{ - ( Profile of risk and family demographics; - }

{ - © - } { + ( + } Incidence of child abuse and

neglect;

{ - (D) - } { + © + } Change in { - stress-coping and

managing - } { + parenting + } skills; and

{ - (E) - } { + (D) + } Rate of child development;

{ - and - }

{ - (h) - } { + (i) + } { - Establish - } { + Be

included in + } a { + statewide + } training program in the

dynamics of the skills needed to provide { - these - } { +

early childhood + } services, such as assessment and home

visiting { + ; and

(j) Meet statewide and local early childhood system quality

assurance and quality improvement standards + }.

(3) The { - local commission - } { + Healthy Start Family

Support Services programs + }, { - the - } { + local + }

health { - department - } { + departments + } and other

providers of prenatal and perinatal services in counties

{ - shall jointly develop an amendment to the local coordinated

comprehensive plan that - } { + , as part of the local early

childhood system, + } shall:

(a) Identify existing { - perinatal - } services and

describe and prioritize additional services necessary for a

voluntary

{ - perinatal - } home visit system;

( Build on existing { - perinatal - } programs;

{ - paraprofessionals, - } volunteers and other community

resources { + that support all families + }; { - and - }

(d) Target, at a minimum, all first birth families in the

county { + ; and

(e) Ensure that home visiting services provided by local health

departments for children and pregnant women support and are

coordinated with local Healthy Start Family Support Services

programs + }.

(4) { - The local commission, according to the portion of the

local plan dealing with the - } { + Through a + } Healthy Start

Family Support Services program, { - shall cause - } a

{ + trained + } family support worker { - to - } { + or

nurse shall + } be assigned to each family assessed as at risk

that consents to receive services through the worker { + or

nurse + }. The worker { + or nurse + } shall conduct home visits

and assist the family in gaining access to needed services.

(5) The services required by this section shall be provided

{ - through requests for proposals from - } { + by + }

hospitals, public or private entities or organizations, or any

combination thereof, capable of providing all or part of the

family risk assessment and the follow-up services. In granting

{ - the - } { + a + } contract, { - the - } { + a + }

local commission { - shall - } { + may utilize collaborative

contracting or requests for proposals and shall + } take into

consideration the most effective and consistent service delivery

system { - allowing for the continuation of current public and

private programs where appropriate - } .

(6) The family risk assessment and follow-up services for

families at risk shall be provided by { - paraprofessional - }

{ + trained + } family support workers { + and nurses + }

organized in teams supervised by a manager and including a family

services coordinator who is available to consult.

{ - (7)(a) A county or group of counties may request a waiver

from the state commission of requirements of the Healthy Start

Family Support Services program and may apply to the state

commission to use funds from the program for alternative early

childhood programs that address the requirements of this

section. - }

{ - ( A waiver request may be approved by a majority vote

of the state commission sitting at a regular meeting. The state

commission may approve a waiver request if the state commission

determines that the waiver application demonstrates improvement

of a specific outcome or combination of outcomes that would have

been obtained without a waiver and demonstrates that the

alternative program meets the requirements of this section. - }

{ - © The state commission shall approve or reject a waiver

request within 90 days after receiving the request. - }

{ +

EDUCATION PROGRAMS + }

SECTION 15. ORS 329.170 is amended to read:

329.170. As used in ORS 329.170 to 329.200:

(1) 'Advisory committee' means the advisory committee

established specifically for the { - two programs - }

{ + Oregon prekindergarten program + } established by ORS

329.170 to 329.200.

{ - (2) 'Approved parent-as-teacher programs' means those

programs which are recognized by the Department of Education as

meeting the minimum program rules adopted by the State Board of

Education and provide information and support to parents in order

to enhance their ability to foster their children's cognitive,

social and physical development. - }

{ - (3) - } { + (2) + } 'Oregon prekindergartens' means

those programs which are recognized by the department as meeting

the minimum program rules to be adopted by the State Board of

Education and provide comprehensive health, education and social

services in order to maximize the potential of children three and

four years of age.

{ - (4) - } { + (3) + } 'Oregon prekindergarten program'

means the statewide administrative activities carried on within

the Department of Education to allocate, award and monitor state

funds appropriated to create or assist local Oregon

prekindergartens.

{ - (5) - } { + (4) + } For purposes of ORS 329.175,

'eligible child ' means an at-risk child who is not a participant

in a federal, state or local program providing like comprehensive

services and may include children who are eligible under rules

adopted by the State Board of Education. As used in this

subsection, 'at-risk child' means a child at least three years of

age and not eligible for kindergarten whose family circumstances

would qualify that child for eligibility under the federal Head

Start program.

{ - (6) For purposes of ORS 329.180, 'eligible family' means

any family with an at-risk child. As used in this subsection, '

at-risk child' means a child between zero and eight years of age

who is assessed by multiple criteria adopted by rule of the State

Board of Education as likely to experience difficulty succeeding

in school. - }

{ - (7) - } { + (5) + } 'Department' means the Department

of Education.

SECTION 16. ORS 329.175 is amended to read:

329.175. (1) The Department of Education shall administer the

Oregon prekindergarten program to assist eligible children with

comprehensive services including educational, social, health and

nutritional development to enhance their chances for success in

school and life. Eligible children, upon request of parent or

guardian, shall be admitted to approved Oregon prekindergartens

to the extent that the Legislative Assembly provides funds. { +

The services provided under the Oregon prekindergarten program

shall be coordinated with the local early childhood system plan

which is part of the local coordinated comprehensive plan

developed under ORS 417.775 for the county or region and shall

meet state and federal guidelines for the program.

(2) The Department of Education shall integrate the database

created by the department under ORS 327.511 with the common data

system for early childhood programs described in section 8 of

this 2001 Act. + }

{ - (2) - } { + (3) + } Nonsectarian organizations

including school districts and Head Start grantees are eligible

to compete for funds to establish an Oregon prekindergarten.

Grant recipients shall serve children eligible according to

federal Head Start guidelines and other children who meet

criteria of eligibility adopted by rule by the State Board of

Education. However, not more than 20 percent of the total

enrollment shall consist of children who do not meet Head Start

guidelines. School districts may contract with other governmental

or nongovernmental nonsectarian organizations to conduct a

portion of the program. Funds appropriated for the program shall

be used to establish and maintain new or expanded Oregon

prekindergartens and shall not be used to supplant federally

supported Head Start programs. Oregon prekindergartens also may

accept gifts, grants and other funds for the purposes of this

section.

{ - (3) - } { + (4) + } Applicants shall identify how they

will serve the target population and provide all components as

specified in the federal Head Start performance standards and

guidelines, including staff qualifications and training,

facilities and equipment, transportation and fiscal management.

{ - (4) - } { + (5) + } Oregon prekindergartens shall

coordinate with each other and with federal Head Start programs

to insure efficient delivery of services and prevent overlap.

They shall also work with local organizations such as local

education associations serving young children and make the

maximum use of local resources.

SECTION 17. ORS 329.183 is amended to read:

329.183. (1) The Prekindergarten Program Trust Fund is

established as a fund in the State Treasury, separate and

distinct from the General Fund. Interest earned by the trust fund

shall be credited to the trust fund. The primary purpose of the

trust fund is to assist eligible children with comprehensive

services including educational, social, health and nutritional

development to enhance their chances for success in school and

life. For this purpose, the trust fund is continuously

appropriated for and shall be expended only for { + the

Oregon + } prekindergarten { - and parent-as-teacher

programs - } { + program + } described in ORS 329.170 to

329.200.

(2) The State Board of Education may solicit and accept money

in the form of gifts, contributions and grants to be deposited in

the trust fund. Except as provided in ORS 329.185, the acceptance

of federal grants for purposes of ORS 329.170 to 329.200 does not

commit state funds nor place an obligation upon the Legislative

Assembly to continue the purposes for which the federal funds are

made available.

(3) The trust fund may be listed, if otherwise qualified, on

the Oregon income tax return for checkoff pursuant to application

made to the Oregon Charitable Checkoff Commission under ORS

305.690 to 305.753 by the State Board of Education.

SECTION 18. ORS 329.185 is amended to read:

329.185. When the federal Head Start program provides funding

for programs for eligible children at { - at least the - }

{ + or greater than the + } 1990-1991 per child level, { - as

described in ORS 329.170 (3), - } eligibility for { + the + }

state funded { + Oregon + } prekindergarten

{ - programs - } { + program + } shall be expanded to include

programs for children whose family income exceeds the federal

Head Start limits or who are in an underserved or unserved age

category. After determining the increase in income limits or age

level that would make children most in need of state programs

eligible for them, the State Board of Education may direct

expenditure of any unexpended or unobligated funds appropriated

for the biennium for eligible children to be expended for the

additional children considered to be most in need. In the

following biennium, the State Board of Education shall include

the cost of any added program for the children most in need in

its biennial budget.

SECTION 19. ORS 329.190 is amended to read:

329.190. The Department of Education and the Department of

Community Colleges and Workforce Development shall establish an

advisory committee composed of interested parents and

representatives from the State Commission on Children and

Families, health care profession, early childhood education and

development staff preparation programs, Oregon Head Start

Association, school districts, community colleges, Early

Intervention Council, child care and other organizations as

considered necessary by the Department of Education and the

Department of Community Colleges and Workforce Development to

assist with the establishment of the { - approved - } Oregon

prekindergarten { - and parent-as-teacher programs - } { +

program + }.

SECTION 20. ORS 329.195 is amended to read:

329.195. (1) The State Board of Education shall adopt rules for

the establishment of the Oregon prekindergarten { - and

parent-as-teacher programs - } { + program + }. Rules

specifically shall require the Oregon prekindergarten

{ - programs - } { + program + } to provide for parental

involvement and performance standards at a level no less than

that provided under the federal Head Start program guidelines.

Federal Head Start program guidelines shall be considered as

guidelines for the Oregon prekindergarten program.

(2) In developing rules for the Oregon prekindergarten

{ - and parent-as-teacher programs - } { + program + }, the

board shall consult with the advisory committee and shall

consider such factors as coordination with existing programs, the

preparation necessary for instructors, qualifications of

instructors, training of staff, adequate space and equipment and

special transportation needs.

(3) The Department of Education and the Department of Community

Colleges and Workforce Development shall review applications for

{ - both - } the Oregon prekindergarten { - and

parent-as-teacher programs - } { + program + } received and

designate those programs { + as + } eligible to commence

operation by July 1 of each year. When approving grant

applications, to the extent practicable, the State Board of

Education shall distribute funds regionally based on percentages

of unmet needs { + as identified in the local early childhood

system plans which are part of the local coordinated

comprehensive plans developed under ORS 417.775 for the county or

region + }.

SECTION 21. ORS 329.200 is amended to read:

329.200. (1) The Superintendent of Public Instruction shall

report to the Legislative Assembly on the merits of continuing

and expanding the Oregon prekindergarten { - and

parent-as-teacher programs - } { + program + } or instituting

other means of providing early childhood development assistance.

(2) The superintendent's report shall include specific

recommendations on at least the following issues:

(a) The { - relationships - } { + relationship + } of

{ + the + } state-funded { + Oregon + } prekindergarten

{ - and parent-as-teacher programs - } { + program + } with

the common school system;

( The types of children and their needs that { - both

programs - } { + the program + } should serve;

{ - programs - } { + the program + } for all eligible

children, including related projects to prepare instructors and

provide facilities, equipment and transportation;

(d) The state administrative structure necessary to implement

{ - both programs - } { + the program + }; and

(e) Licensing or indorsement of early childhood teachers.

(3) The Department of Education, in consultation with the

Department of Community Colleges and Workforce Development, shall

examine, monitor and assess the effectiveness of { + the + }

Oregon prekindergarten { - and parent-as-teacher programs - }

{ + program + }. The superintendent shall make biennial reports

to the Legislative Assembly on the effectiveness of the

{ - programs - } { + program + }.

SECTION 22. ORS 329.225 is amended to read:

329.225. (1) The Department of Education shall prepare

operating guides for early childhood education programs

applicable to programs under ORS 329.215 to 329.235 that are

consistent with requirements imposed by the State Board of

Education by rule for kindergarten through grade three.

(2) The Department of Education shall review applications for

approval of early childhood education programs and may approve

those prekindergarten programs after considering:

(a) The educational adequacy and type of program.

( The number of children who will be served by the program.

(d) The need for the program in the applying district.

{ + (e) Whether the program is consistent with the local

early childhood system plan which is part of the local

coordinated comprehensive plan developed under ORS 417.775 for

the county or region. + }

SECTION 23. ORS 329.235 is amended to read:

329.235. Subject to the approval of the Superintendent of

Public Instruction { + and coordinated with the local early

childhood system plan which is part of the local coordinated

comprehensive plan developed under ORS 417.775 for the county or

region + }:

(1) The district school board of any school district in which

there are resident children who are three years of age or older

but who have not attained compulsory attendance age and who are

not enrolled in a kindergarten of the district may:

(a) Provide early childhood education for such children as part

of the district's educational program; or

( When the board considers a contract to be economically

feasible and in the interests of the learning opportunities of

eligible children, contract for instruction of such children in a

school district operating an approved early childhood education

program, subject to such reimbursement as the districts may

agree.

(2) An education service district may operate an approved early

childhood education program in the same manner as programs are

provided under ORS 334.175 or 334.185.

SECTION 24. ORS 329.237 is amended to read:

329.237. (1) The Department of Education shall administer the

Early Childhood Improvement Program to assist public school

districts in providing programs designed to improve educational

services for children enrolled in kindergarten through grade

three. Programs shall be based on research and proven successful

practices.

(2) The programs shall include the following planned

components:

(a) Targeted services for 'at-risk' children that may be in

cooperation with local commissions on children and families to

provide services to families, which may include but are not

limited to remedial and alternative academic programs, child

care, parent participation and child development services.

( Efforts to improve the kindergarten through third grade

curriculum and educational practices so that they:

(A) Are consistent with research findings on how children

learn;

( Are sensitive to individual differences such as cultural

background and learning styles; and

but are not limited to adapting curricula and training

administrators and other staff in early childhood education and

child development.

for children to be provided through interagency agreements among

school districts, health care and social service providers.

(d) Evaluation of programs by goals set by the district for the

program.

(e) Planned transition from prekindergarten programs to

kindergarten through grade three.

(3) In addition to the components listed in subsection (2) of

this section, Early Childhood Improvement Programs may include

but are not limited to the following components:

(a) Extended day services for school age children who need care

or enrichment opportunities; and

( Programs designed to improve the adult to child ratios in

kindergarten through grade three.

(4) The district application shall include:

(a) Plans developed by 21st Century Schools Councils at the

school building level as described in ORS 329.704; and

( Demonstrated consistency with the local assessments and

{ + local early childhood system plans which are part of

the + } local coordinated comprehensive plans resulting from ORS

417.705 to 417.797.

(5) Funds shall be available to districts with approved

applications on a per child basis for the district's children

enrolled in kindergarten through grade three. Funds not allocated

shall be prorated to the districts with approved applications not

later than the end of the fiscal year for which the allocation is

made.

(6) If the district plan proposes use of innovative

instructional materials, the State Board of Education, pursuant

to ORS 337.050, may waive the use of such instructional materials

as might otherwise have been required.

SECTION 25. ORS 343.455 is amended to read:

343.455. (1) Oregon prekindergartens, as defined in ORS 329.170

{ - (3) - } , shall be responsible for providing early childhood

special education as defined in ORS 343.035 (5).

(2) Not less than 10 percent of the population of children

served in Oregon prekindergartens shall be children who are

eligible to receive early childhood special education.

SECTION 26. ORS 343.475 is amended to read:

343.475. (1) In accordance with rules adopted by the State

Board of Education, the Superintendent of Public Instruction

shall develop and administer a statewide, comprehensive,

coordinated, multidisciplinary, interagency program of early

childhood special education and early intervention services for

preschool children with disabilities and may:

(a) Establish and designate service areas throughout the state

for the delivery of early childhood special education and early

intervention services { + which shall:

(A) Be coordinated with the local early childhood system plans

which are part of the local coordinated comprehensive plans

developed under ORS 417.775 for counties or regions; and

( Meet state and federal guidelines and be delivered to all

eligible children + }.

( Designate in each service area a primary contractor that

shall be responsible for the administration { - and

coordination - } { + , consistent with the local early childhood

system plans, + } of early childhood special education and early

intervention services to all eligible preschool children and

their families residing in the service area.

{ + (2) Early childhood special education and early

intervention services shall be provided in each county or region

coordinated with the early childhood system plan. The services

provided in each county or region shall meet the early childhood

special education and early intervention services standards

adopted by the State Board of Education and shall meet the

requirements of federal law.

(3) The superintendent shall ensure that the database created

by the Department of Education under ORS 327.511 is integrated

with the common data system for early childhood programs

described in section 8 of this 2001 Act to track services

provided and outcomes for families served. + }

{ - (2) - } { + (4) + } Preschool children with

disabilities shall be considered residents of the service area

where the children are currently living, including children

living in public or private residential programs, hospitals and

similar facilities.

{ - (3) - } { + (5) + } In addition to any other remedy or

sanction that may be available, the Superintendent of Public

Instruction may withhold funds and terminate the contract of any

contractor that fails to comply with any provisions of the

contract.

SECTION 27. ORS 343.495 is amended to read:

343.495. (1) If no contractor is designated for a service area,

and no qualified county agency is available to manage the

necessary services or to subcontract the services, the Department

of Education may provide early childhood special education and

early intervention services in a local, county or service area

{ + consistent with the local early childhood system plan which

is part of the local coordinated comprehensive plan developed

under ORS 417.775 + }.

(2) Programs operated by the Department of Education must

comply with rules adopted by the State Board of Education for

early childhood special education and early intervention

contractors.

{ +

QUALITY CHILD CARE + }

SECTION 28. { + (1) During the 2001-2003 biennium, the

Commission for Child Care shall create a Task Force on Financing

Quality Child Care. The commission shall appoint the members of

the task force.

(2) The task force shall:

(a) Gather information about the availability of quality child

care in this state;

( Develop recommendations about how quality child care should

fit within the statewide early childhood system created under ORS

417.748;

support for quality child care; and

(d) Develop recommendations on long-term planning to provide

quality child care statewide as driven by local community needs.

(3) The Director of the Employment Department may cause to be

employed such persons as are necessary for the performance of the

function of the task force. The director shall fix the duties and

compensation of such employees.

(4) Members of the Legislative Assembly who serve on the task

force shall be entitled to an allowance as authorized by ORS

171.072. Other members of the task force are entitled to

compensation and expenses under ORS 292.495. Claims for expenses

incurred in performing functions of the task force shall be paid

out of funds appropriated for that purpose.

(5) All agencies, departments and officers of this state are

directed to assist the task force in the performance of its

functions and to furnish such information and advice as the

members of the task force consider necessary.

(6) Official action by the task force shall require the

approval of a majority of the members of the task force. All

legislation recommended by official action of the task force must

indicate that it is introduced at the request of the task force.

Such legislation shall be prepared in time for presession filing

pursuant to ORS 171.130.

(7) The task force shall report its findings and

recommendations to the Commission for Child Care and the interim

legislative committees with responsibility for matters relating

to children and families not later than October 1, 2002. + }

SECTION 29. ORS 657A.030 is amended to read:

657A.030. (1) The Child Care Division of the Employment

Department shall establish a Criminal History Registry.

(2) All subject individuals shall be enrolled in the Criminal

History Registry established by the division.

(3) Upon receiving an application for enrollment in the

Criminal History Registry, the division shall complete a criminal

records check pursuant to ORS 181.537 and shall complete a child

protective services records check with the State Office for

Services to Children and Families. The division shall enroll the

individual in the registry if the individual:

(a) Is determined to have no criminal or child protective

services history or to have dealt with the issues and provided

adequate evidence of suitability for the registry;

( Has paid the applicable fee established pursuant to ORS

657A.275; and

pursuant to this section.

(4) The division may conditionally enroll an individual in the

registry pending the results of a nationwide criminal records

check through the Federal Bureau of Investigation if the

individual has met other requirements of the division for

enrollment in the registry.

(5) An enrollment in the Criminal History Registry shall expire

two years from the date of enrollment and may be renewed upon

application to the division, payment of the fee established

pursuant to ORS 657A.275 and compliance with rules adopted by the

division pursuant to this section. However, an individual who is

determined to be ineligible for enrollment in the registry after

the date of initial enrollment shall be removed from the registry

by the division.

(6)(a) A child care facility shall not hire or employ an

individual if the individual is not enrolled in the Criminal

History Registry.

( Notwithstanding paragraph (a) of this subsection, a child

care facility may employ on a probationary basis an individual

who is conditionally enrolled in the Criminal History Registry.

(7) The division may adopt any rules necessary to carry out the

purposes of this section and the criminal records check program.

(8) For purposes of this section, 'subject individual ' means a

subject individual as defined by the division by rule or a person

who applies to be:

(a) The operator or an employee of a child care or treatment

program;

( The operator or an employee of an Oregon prekindergarten

program { - or parent-as-teacher program - } under ORS 329.170

to 329.200;

regulated by the United States Department of Health and Human

Services;

(d) An individual in a child care facility who may have

unsupervised contact with children as identified by the division;

(e) A contractor or an employee of the contractor who provides

early childhood special education or early intervention services

pursuant to ORS 343.455 to 343.534; or

(f) A child care provider who is required to be enrolled in the

Criminal History Registry by any state agency.

{ +

REPEALS + }

SECTION 30. { + ORS 329.165 and 329.180 are repealed. + }

{ +

CAPTIONS + }

SECTION 31. { + The unit captions used in this 2001 Act are

provided only for convenience of the reader and do not become

part of the statutory law of this state or express any

legislative intent in the enactment of this 2001 Act. + }

{ +

EMERGENCY CLAUSE + }

SECTION 32. { + This 2001 Act being necessary for the

immediate preservation of the public peace, health and safety, an

emergency is declared to exist, and this 2001 Act takes effect

July 1, 2001. + }

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