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 3960
House Bill 3632
Sponsored by Representative MORRISETTE (at the request of Carla
McQuillan of Main Street Montessori Association)
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 Department of Education to establish standards for
certification of early childhood education programs.
A BILL FOR AN ACT
Relating to early childhood education programs; creating new
provisions; and amending ORS 329.215, 329.225 and 657A.250.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 329.215 is amended to read:
329.215. As used in ORS 329.215 to 329.235:
(1) 'Approved program' means an early childhood education
program approved by the Department of Education.
(2) 'At-risk children' means children who may have difficulty
achieving in school and who meet criteria established by the
State Board of Education by rule.
(3) 'Early childhood education' means educational programs that
conform to the standards adopted by the State Board of Education
by rule and that are designed for the education and training of
children who are at least three years of age but have not passed
their ninth birthday, and includes all special educational
programs established and operated under this chapter.
(4) 'Early Childhood Improvement Program' means those programs
meeting the criteria included in ORS 329.237 and complying with
rules adopted by the State Board of Education.
(5) 'Extended day services' means programs that serve young
children and operate during hours beyond regular school time.
{ + (6) 'Qualified teacher' means:
(a) A person licensed under ORS 342.125; or
(b) A person with an associate degree in early childhood
education. + }
SECTION 2. 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 by rule establish
standards for the certification of early childhood education
programs, including:
(a) Qualification of teachers and staff;
(b) Standards for certification, renewal of certification,
suspension and revocation of certification; and
(c) Fees for certification. + }
{ - (2) - } { + (3) + } 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 { + of the early
childhood education program curriculum + } { - and type of
program - } .
(b) The number of children who will be served by the program.
(c) The availability of { - trained personnel - } { +
qualified teachers + } and facilities.
(d) The need for the program in the applying district.
{ + (e) The ratio of children to qualified teachers.
(4) An early childhood education program approved by the
Department of Education under subsection (3) of this section:
(a) Shall provide a regular program of instruction to children.
(b) Shall offer classes led by qualified teachers.
(c) Shall ensure that all staff are trained in first aid,
cardiopulmonary resuscitation and the laws of this state on
reporting child abuse.
(d) Shall have a director with management training and
experience and with early childhood education and teaching
experience.
(e) May not accept children on a sporadic or drop-in basis. + }
SECTION 3. ORS 657A.250 is amended to read:
657A.250. As used in ORS 657A.030 and 657A.250 to 657A.450,
unless the context requires otherwise:
(1) 'Babysitter' means a person who goes into the home of a
child to give care during the temporary absence of the parent or
legal guardian or custodian.
(2) 'Certification' means the certification that is issued by
the Child Care Division to a group child care home, child care
center or other child care facility pursuant to ORS 657A.280.
(3) 'Child' means a child under 13 years of age.
(4) Subject to ORS 657A.440, 'child care' means the care,
supervision and guidance on a regular basis of a child,
unaccompanied by a parent, guardian or custodian, provided to a
child during a part of the 24 hours of the day, in a place other
than the child's home, with or without compensation. 'Child care'
does not include care provided:
(a) In the home of the child;
(b) By the child's parent, guardian, or person acting in loco
parentis;
(c) By a person related to the child by blood or marriage
within the fourth degree as determined by civil law;
(d) On an occasional basis by a person not ordinarily engaged
in providing child care;
(e) By providers of medical services;
(f) By a babysitter;
(g) By a person who cares for children from only one family
other than the person's own family; or
(h) By a person who cares for no more than three children other
than the person's own children.
(5) 'Child care facility' means any facility that provides
child care to children, including a day nursery, nursery school
group, group child care home, child care center, family child
care home or similar unit operating under any name, but not
including any:
(a) Facility providing care that is primarily educational
{ - , unless provided to a preschool child for more than four
hours a day - } .
(b) Facility providing care that is primarily supervised
training in a specific subject, including but not limited to
dancing, drama, music or religion.
(c) Facility providing care that is primarily an incident of
group athletic or social activities sponsored by or under the
supervision of an organized club or hobby group.
(d) Facility operated by a school district as defined in ORS
332.002, political subdivision of this state or a governmental
agency.
(e) Residential facility licensed under ORS 443.400 to 443.455.
(f) Babysitters.
(6) 'Division' means the Child Care Division of the Employment
Department.
(7) 'Family' has the meaning given that term in ORS 329.145.
(8) 'Occasional' means that care is provided for no more than
70 days in any calendar year.
(9) 'Registration' means the registration that is issued by the
Child Care Division to a family child care home where care is
provided in the family living quarters of the provider's home
pursuant to ORS 657A.330.
(10) 'School age' means of an age eligible to be enrolled in
the first grade or above and, during the months of summer
vacation from school, means of an age eligible to be enrolled in
first grade or above in the next school year.
SECTION 4. { + The amendments to ORS 329.215, 329.225 and
657A.250 by sections 1 to 3 of this 2001 Act shall become
operative on April 1, 2002. + }
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