71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to SB 965
LC 4206/SB 965-10
SENATE AMENDMENTS TO
SENATE BILL 965
By COMMITTEE ON RULES AND REDISTRICTING
June 6
On page 1 of the printed bill, line 3, delete '329.235,
329.237,'.
In line 4, delete '329.165 and'.
Delete lines 7 through 25 and delete pages 2 through 17 and
insert:
'
{ + 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, - }
{ + and + } the Department of Human Services { - and - } { +
shall lead a joint effort with + } other state and local
{ - providers of - } early childhood { - development
services, shall - } { + partners 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
Department of Education and the Department of Human Services,
with input from early childhood partners, as the appropriate
benchmarks; and
' (b) Any other early childhood benchmark or intermediate
outcome jointly identified by the State Commission on Children
and Families, the Department of Education and the Department of
Human Services, with input from early childhood partners, 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;
' (b) 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
' (c) Services to support children who are zero through eight
years of age and their families who give their express written
consent, including:
' (A) Screening, assessment and home visiting services pursuant
to ORS 417.795;
' (B) Specialized or targeted home visiting services;
' (C) Community-based services such as relief nurseries, family
support programs and parent education programs;
' (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;
' (I) Developmental disability services; and
' (J) Other state and local services.
' (4) The State Commission on Children and Families, the
Department of Education and the Department of Human Services
shall jointly: + }
' (a) Consolidate administrative functions { + relating to the
statewide early childhood system + }, to the extent practicable,
including but not limited to training and technical assistance,
{ - data systems, data collection, - } planning and
budgeting { + . This paragraph does not apply to the
administrative functions of the Department of Education relating
to education programs + };
' { - (b) Identify existing prenatal and perinatal services
and other early childhood services for children from birth
through eight years of age; - }
' { + (b) 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, cultural and gender
differences and other areas as needed;
' (c) Identify research-based age-appropriate and culturally
and gender appropriate screening and assessment tools that would
be used as appropriate in 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; + }
' { - (c) - } { + (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) Establish 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 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.
' (6) Information gathered in conjunction with the voluntary
comprehensive screening and assessment of children and their
families may be used only for the following purposes:
' (a) Providing services to children and families who give
their express written consent;
' (b) Providing statistical data that are not personally
identifiable;
' (c) Accomplishing other purposes for which the family has
given express written consent; and
' (d) Meeting the requirements of mandatory state and federal
disclosure laws. + }
' { + SECTION 6. + } { + Sections 7 and 9 of this 2001 Act
are added to and made a part of ORS 417.705 to 417.797. + }
' { + SECTION 7. + } { + (1) During the 2001-2003 biennium,
the State Commission on Children and Families, the Department of
Education and the Department of Human Services shall jointly:
' (a) Develop a plan for sharing and linking statistical
information for purposes of evaluating system and program
outcomes for all early childhood programs as described in ORS
417.748;
' (b) 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;
' (c) 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;
' (d) Report on the status of the project to the State Chief
Information Officer each quarter; and
' (e) Report to the Seventy-second Legislative Assembly about
the implementation of the plan.
' (2) Consistent with state and federal law, information in any
data system created pursuant to this section may be used only for
statistical data that are not personally identifiable and to
facilitate the delivery of services to children and families who
give their express written consent.
' (3) The Superintendent of Public Instruction shall ensure
that the database created by the Department of Education under
ORS 327.511 is integrated with any common data system created
pursuant to this section. + }
' { + NOTE: + } Section 8 was deleted by amendment.
Subsequent sections were not renumbered.
'
{ + 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. Local Oregon prekindergarten programs, early childhood
special education programs and early intervention services shall
collaborate and participate with the local commission in the
development and implementation of the early childhood system
plan.
' (2) In the process of developing the local early childhood
system plan, a local commission shall include parents, youth,
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;
' (b) Local interagency coordinating councils;
' (c) Oregon prekindergarten programs;
' (d) Contractors who are designated by the Superintendent of
Public Instruction to be responsible for the administration of
early childhood special education and early intervention services
in a service area;
' (e) Community corrections agencies;
' (f) Mental health services;
' (g) County health departments;
' (h) Healthy Start Family Support Services programs;
' (i) Alcohol and drug treatment programs;
' (j) Child care providers;
' (k) Developmental disability services;
' (L) The kindergarten through grade 12 education community;
' (m) Faith-based organizations; and
' (n) 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;
' (b) 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;
' (c) Build on existing programs;
' (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 and gender 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
' (b) 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;
' (b) An implementation process resulting in a system based on
nurturing human development; and
' (c) A service continuum based on promoting wellness for the
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
{ - . - } { + ; + }
' (b) { - Family service centers - } May serve as the
treatment arm of the delivery system { - . - } { + ;
' (c) Shall involve parents in the care and education of their
children;
' (d) Shall involve the local community in developing and
overseeing family resource center programs; and
' (e) 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;
' (b) Identify and map the range of resources in the community;
' (c) Plan, advocate and fund research-based initiatives for
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, developmental disability 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,
businesses, families, youth 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 - }
{ + coordinate the development of + } 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;
' (B) 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);
' (C) { - An - } { + A local + } early childhood system
plan 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
' (b) 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;
' (b) 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;
' (c) Be based on local, state and federal resources;
' (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;
' (b) Provide for community participation in the planning
process, including media notification;
' (c) Conduct an assessment of the community that identifies
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) { + The State Commission on Children and
Families shall support relief nurseries statewide through + }
local commissions on children and families { + as funding
becomes available. Local commissions + } may establish relief
nurseries for young children who are at risk and their families.
{ + Local commissions in adjoining counties may choose to
establish regional relief nurseries. + } The relief nurseries
shall { + :
' (a) Be consistent with the early childhood system plan that
is part of the local coordinated comprehensive plan; and
' (b) + } 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
' (b) 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 12a. + } { + Section 12b of this 2001 Act is
added to and made a part of ORS 417.705 to 417.797. + }
' { + SECTION 12b. + } { + The State Commission on Children
and Families shall support parents-as-teachers programs statewide
through local commissions on children and families as funding
becomes available. If a local commission offers a program, the
program shall be part of a comprehensive, research-based approach
to parent education and support. The program shall be consistent
with the early childhood system plan that is part of the local
coordinated comprehensive plan. + }
' { + 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) Ensure that express written consent is obtained
from the family prior to any release of information that is
protected by federal or state law and before the family receives
any services;
' (b) Ensure that services are voluntary and that if a family
chooses not to accept services or ends services that there are no
adverse consequences for those decisions; + }
' { - (a) - } { + (c) + } { - Provide a - } { + Offer a
voluntary + } comprehensive { + screening and + } risk
assessment of all newly born children and their families;
' { + (d) Ensure that the disclosure of information gathered
in conjunction with the voluntary comprehensive screening and
risk assessment of children and their families is limited
pursuant to ORS 417.748 (6) to the following purposes:
' (A) Providing services under the programs to children and
families who give their express written consent;
' (B) Providing statistical data that are not personally
identifiable;
' (C) Accomplishing other purposes for which the family has
given express written consent; and
' (D) Meeting the requirements of mandatory state and federal
disclosure laws;
' (e) Ensure that risk factors used in the risk assessment are
limited to those risk factors that have been shown by research to
be associated with poor outcomes for children and families; + }
' { - (b) - } { + (f) + } Identify { + , as early as
possible, + } families that would benefit most from the programs;
' { - (c) - } { + (g) + } Provide { + parenting education
and + } support services, including but not limited to
community-based home visiting
{ - intervention - } services and primary health care
services;
' { - (d) - } { + (h) + } 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) - } { + (i) + } Coordinate services for
children { + consistent with the local early childhood system
plan developed pursuant to section 9 of this 2001 Act + };
' { - (f) - } { + (j) + } Provide follow-up services and
supports from birth through five years of age;
' { - (g) Establish a data system to document: - }
' { + (k) Integrate data with any common data system for
early childhood programs implemented pursuant to section 7 of
this 2001 Act;
' (L) Be included in a statewide independent evaluation to
document: + }
' (A) Level of screening and assessment;
' { - (B) Profile of risk and family demographics; - }
' { - (C) - } { + (B) + } Incidence of child abuse and
neglect;
' { - (D) - } { + (C) + } Change in { - stress-coping and
managing - } { + parenting + } skills; and
' { - (E) - } { + (D) + } Rate of child development;
{ - and - }
' { - (h) - } { + (m) + } { - 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
' (n) 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;
' (b) Build on existing { - perinatal - } programs;
' (c) { - Identify ways to - } Maximize the use of
{ - 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 { + or 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. - }
' { - (b) 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. - }
' { - (c) The state commission shall approve or reject a
waiver request within 90 days after receiving the request. - }
' { + (7) Each Healthy Start Family Support Services program
shall adopt disciplinary procedures for family support workers,
nurses and other employees of the program. The procedures shall
provide appropriate disciplinary actions for family support
workers, nurses and other employees who violate federal or state
law or the policies of the program. + }
'
{ + 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.
' (2) 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) 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) Oregon prekindergartens shall coordinate with each other
and with federal Head Start programs to { - insure - }
{ + ensure + } efficient delivery of services and prevent
overlap. { - They - } { + Oregon prekindergartens + } shall
also work with local organizations such as local education
associations serving young children and make the maximum use of
local resources.
' { + (5) Oregon prekindergartens shall:
' (a) Participate in the planning process under section 9 of
this 2001 Act to develop a local early childhood system plan; and
' (b) Coordinate services with other services that are
coordinated through the plan. The coordination of services shall
be consistent with federal and state law. + }
' { + 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 that 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;
' (b) The types of children and their needs that { - both
programs - } { + the program + } should serve;
' (c) The appropriate level of state support for implementing
{ - 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.
' (b) The number of children who will be served by the program.
' (c) The availability of trained personnel and facilities.
' (d) The need for the program in the applying district.
' { + (3) Providers of early childhood education programs
shall:
' (a) Participate in the planning process under section 9 of
this 2001 Act to develop a local early childhood system plan; and
' (b) Coordinate services with other services that are
coordinated through the plan. The coordination of services shall
be consistent with federal and state law. + }
' { + NOTE: + } Sections 23 and 24 were deleted by amendment.
Subsequent sections were not renumbered.
' { + 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 { + that shall meet state and
federal guidelines and be delivered to all eligible children + }.
' (b) Designate in each service area a primary contractor that
shall be responsible for the administration and coordination 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:
' (a) Participate in the planning process under section 9 of
this 2001 Act to develop a local early childhood system plan; and
' (b) Coordinate services with other services that are
coordinated through the plan. The coordination of services shall
be consistent with federal and state law. + }
' { - (2) - } { + (3) + } 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) - } { + (4) + } 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.
' { + (2) Contractors designated under this section shall:
' (a) Participate in the planning process under section 9 of
this 2001 Act to develop a local early childhood system plan; and
' (b) Coordinate services with other services that are
coordinated through the plan. The coordination of services shall
be consistent with federal and state law. + }
' { - (2) - } { + (3) + } 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;
' (b) Develop recommendations about how quality child care
should fit within the statewide early childhood system created
under ORS 417.748;
' (c) Develop recommendations about how to provide financial
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;
' (b) Has paid the applicable fee established pursuant to ORS
657A.275; and
' (c) Has complied with the rules of the division adopted
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.
' (b) 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;
' (b) The operator or an employee of an Oregon prekindergarten
program { - or parent-as-teacher program - } under ORS 329.170
to 329.200;
' (c) The operator or an employee of a federal Head Start
program 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 329.180 is 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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