Bill Text: OR HB2013 | 2013 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to early learning; appropriating money; and declaring an emergency.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2013-08-14 - Chapter 728, (2013 Laws): Effective date August 14, 2013. [HB2013 Detail]
Download: Oregon-2013-HB2013-Amended.html
Bill Title: Relating to early learning; appropriating money; and declaring an emergency.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2013-08-14 - Chapter 728, (2013 Laws): Effective date August 14, 2013. [HB2013 Detail]
Download: Oregon-2013-HB2013-Amended.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
HA to HB 2013
LC 3410/HB 2013-1
HOUSE AMENDMENTS TO
HOUSE BILL 2013
By COMMITTEE ON HUMAN SERVICES AND HOUSING
April 19
On page 1 of the printed bill, line 2, delete '417.728' and
insert '417.705, 417.710, 417.725, 417.728, 417.775, 417.777,
417.790'.
In line 3, delete 'and 130' and insert ', 77, 77a, 78, 82 and
103' and delete 'section 14' and insert 'ORS 417.797 and sections
14 and 15'.
Delete lines 6 through 22 and delete pages 2 through 10 and
insert:
' { + SECTION 1. + } Section 14, chapter 37, Oregon Laws
2012, is amended to read:
' { + Sec. 14. + } (1) The Early Learning Council established
by section 4, chapter 519, Oregon Laws 2011, and the Department
of Education shall jointly develop a process that allows for an
assessment of children to determine their readiness for
kindergarten. The development of the process must include the
input of kindergarten teachers prior to implementation as
described in subsection (2) of this section.
' (2) By November 1, 2012, the process described in subsection
(1) of this section must be made available to school districts
that have been selected to be part of a pilot program for the
implementation of the process. The council and department shall
select the participating school districts from school districts
that volunteer to be part of the pilot program and in a manner
that achieves the greatest possible diversity of school districts
across this state.
' (3) { + (a) + } By November 1, 2013, the process described in
subsection (1) of this section must be made available to all
school districts for implementation.
' { + (b) The council and department shall assist school
districts in implementing the process described in subsection (1)
of this section. Assistance shall include training on:
' (A) The goals of the process;
' (B) The implementation of the process;
' (C) Early learning services available to improve a child's
readiness for kindergarten; and
' (D) The recommended procedures to follow after
implementation, including accessing any early learning
services. + }
' { + SECTION 2. + } { + (1) Section 14, chapter 37, Oregon
Laws 2012, is repealed June 30, 2015.
' (2) Section 15, chapter 37, Oregon Laws 2012, is
repealed. + }
' { + SECTION 3. + } ORS 417.728, as amended by section 44b,
chapter 37, Oregon Laws 2012, is amended to read:
' 417.728. (1) The Early Learning Council shall lead a joint
effort with other state and local early childhood partners to
establish the policies necessary for a voluntary statewide early
learning system that shall be incorporated into the local
coordinated comprehensive plan.
' (2) The voluntary statewide early learning system shall be
designed to achieve:
' (a) The appropriate outcomes identified by the Early Learning
Council with input from early childhood partners; and
' (b) Any other early childhood benchmark or outcome that
demonstrates progress toward meeting a target and that is
identified by the Early Learning Council with input from early
childhood partners.
' (3) The voluntary statewide early learning system shall
include the following components:
' (a) A process to identify as early as possible children and
families who would benefit from early learning services { + ,
including the required use of standardized screening and referral
procedures used throughout the voluntary statewide early learning
system + };
' (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 six
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) Affordable, quality child care, as defined by the Early
Learning Council;
' (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 that meet the
standards promulgated by the Oregon Health Authority pursuant to
ORS 430.357;
' (I) Developmental disability services; and
' (J) Other state and local services.
' (4) In establishing the definition of affordable, quality
child care under subsection (3)(c)(D) of this section, the Early
Learning Council shall consult with child care providers and
early childhood educators. The definition established by the
council shall support parental choice of child care provider and
shall consider differences in settings and services, including
but not limited to child care for school-aged children, part-time
care, odd-hour and respite care and factors of cultural
appropriateness and competence.
' { + (5)(a) For the purpose of ensuring that affordable,
quality home-based child care is available through a program that
a state agency subsidizes, the Department of Human Services and
the Child Care Division of the Employment Department shall
convene a permanent committee for professional development and
labor management. The committee must have equal representation by
state agencies and by union representatives of home-based child
care providers that are exempt from licensure. The committee
shall develop a quality improvement system for child care
providers that are exempt from licensure and that receive
subsidies. The system must use evidence-based approaches.
' (b) Any quality standards established for the subsidy program
described in paragraph (a) of this subsection are subject to
collective bargaining.
' (c) Any eligibility standards related to the subsidy program
described in paragraph (a) of this subsection may not be
delegated to an Early Learning Hub established under section 77,
chapter 37, Oregon Laws 2012. + }
' { - (5) - } { + (6) + } The Early Learning Council shall:
' (a) Consolidate administrative functions relating to the
voluntary statewide early learning system, to the extent
practicable, including but not limited to training and technical
assistance, planning and budgeting. { - This paragraph does not
apply to the administrative functions of the Department of
Education relating to education programs. - }
' (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 voluntary
statewide early learning system.
' (d) Develop a plan for the implementation of a common data
system for voluntary early childhood programs.
' (e) Coordinate existing and new early childhood programs to
provide a range of community-based supports.
' (f) Establish a common set of quality assurance standards to
guide local implementation of all elements of the voluntary
statewide early learning system, including voluntary universal
screening and assessment, home visiting, staffing, evaluation and
community-based services.
' (g) Ensure that all plans for voluntary 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 voluntary statewide early learning
system for children who are zero through six years of age will
link with systems of support for older children and their
families.
' (i) During January of each odd-numbered year, report to the
Governor and the Legislative Assembly on the voluntary statewide
early learning system.
' { - (6) - } { + (7) + } The State Board of Education, the
Employment Department, the Department of Human Services and the
Oregon Health Authority when adopting rules to administer
voluntary early childhood programs under their individual
authority shall adopt rules:
' (a) That are consistent with the requirements of the
voluntary statewide early learning system created under this
section; and
' (b) With the direction of the Early Learning Council.
' { - (7) - } { + (8) + } 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 4. + } ORS 417.728, as amended by sections 44b
and 91, chapter 37, Oregon Laws 2012, is amended to read:
' 417.728. (1) The Early Learning Council shall lead a joint
effort with other state and local early childhood partners to
establish the policies necessary for a voluntary statewide early
learning system.
' (2) The voluntary statewide early learning system shall be
designed to achieve:
' (a) The appropriate outcomes identified by the Early Learning
Council with input from early childhood partners; and
' (b) Any other early childhood benchmark or outcome that
demonstrates progress toward meeting a target and that is
identified by the Early Learning Council with input from early
childhood partners.
' (3) The voluntary statewide early learning system shall
include the following components:
' (a) A process to identify as early as possible children and
families who would benefit from early learning services { + ,
including the required use of standardized screening and referral
procedures used throughout the voluntary statewide early learning
system + };
' (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 six
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) Affordable, quality child care, as defined by the Early
Learning Council;
' (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 that meet the
standards promulgated by the Oregon Health Authority pursuant to
ORS 430.357;
' (I) Developmental disability services; and
' (J) Other state and local services.
' (4) In establishing the definition of affordable, quality
child care under subsection (3)(c)(D) of this section, the Early
Learning Council shall consult with child care providers and
early childhood educators. The definition established by the
council shall support parental choice of child care provider and
shall consider differences in settings and services, including
but not limited to child care for school-aged children, part-time
care, odd-hour and respite care and factors of cultural
appropriateness and competence.
' { + (5)(a) For the purpose of ensuring that affordable,
quality home-based child care is available through a program that
a state agency subsidizes, the Department of Human Services and
the Child Care Division of the Employment Department shall
convene a permanent committee for professional development and
labor management. The committee must have equal representation by
state agencies and by union representatives of home-based child
care providers that are exempt from licensure. The committee
shall develop a quality improvement system for child care
providers that are exempt from licensure and that receive
subsidies. The system must use evidence-based approaches.
' (b) Any quality standards established for the subsidy program
described in paragraph (a) of this subsection are subject to
collective bargaining.
' (c) Any eligibility standards related to the subsidy program
described in paragraph (a) of this subsection may not be
delegated to an Early Learning Hub established under section 77,
chapter 37, Oregon Laws 2012. + }
' { - (5) - } { + (6) + } The Early Learning Council shall:
' (a) Consolidate administrative functions relating to the
voluntary statewide early learning system, to the extent
practicable, including but not limited to training and technical
assistance, planning and budgeting. { - This paragraph does not
apply to the administrative functions of the Department of
Education relating to education programs. - }
' (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 voluntary
statewide early learning system.
' (d) Develop a plan for the implementation of a common data
system for voluntary early childhood programs.
' (e) Coordinate existing and new early childhood programs to
provide a range of community-based supports.
' (f) Establish a common set of quality assurance standards to
guide local implementation of all elements of the voluntary
statewide early learning system, including voluntary universal
screening and assessment, home visiting, staffing, evaluation and
community-based services.
' (g) Ensure that all plans for voluntary 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 voluntary statewide early learning
system for children who are zero through six years of age will
link with systems of support for older children and their
families.
' (i) During January of each odd-numbered year, report to the
Governor and the Legislative Assembly on the voluntary statewide
early learning system.
' { - (6) - } { + (7) + } The State Board of Education, the
Employment Department, the Department of Human Services and the
Oregon Health Authority when adopting rules to administer
voluntary early childhood programs under their individual
authority shall adopt rules:
' (a) That are consistent with the requirements of the
voluntary statewide early learning system created under this
section; and
' (b) With the direction of the Early Learning Council.
' { - (7) - } { + (8) + } 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 5. + } ORS 417.795, as amended by section 53,
chapter 37, Oregon Laws 2012, is amended to read:
' 417.795. (1) The Early Learning Council shall establish
{ - Healthy Start Family Support Services - } { + Healthy
Families Oregon + } programs 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, there are no
adverse consequences for those decisions;
' (c) Offer a voluntary comprehensive screening and risk
assessment of all { - newly born - } children { + , from zero
through three years of age, + } and their families { + in
coordination with statewide screening and risk assessment
efforts + };
' (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 417.728 { - (7) - } { + (8) + } 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;
' (f) Identify, as early as possible, families that would
benefit most from the programs;
' (g) Provide parenting education and support services,
including but not limited to community-based home visiting
services and primary health care services;
' (h) Provide other supports, including but not limited to
referral to and linking of community and public services for
children and families such as mental health services, alcohol and
drug treatment programs that meet the standards promulgated by
the Oregon Health Authority under ORS 430.357, child care, food,
housing and transportation;
' (i) Coordinate services for children consistent with the
voluntary local early childhood system plan developed pursuant to
ORS 417.777;
' (j) Provide follow-up services and supports from zero through
six years of age;
' (k) Integrate data with any common data system for early
childhood programs;
' (L) Be included in a statewide independent evaluation to
document:
' (A) Level of screening and assessment;
' (B) Incidence of child abuse and neglect;
' (C) Change in parenting skills; and
' (D) Rate of child development;
' (m) Be included in a statewide training program in the
dynamics of the skills needed to provide early childhood
services, such as assessment and home visiting; and
' (n) Meet voluntary statewide and local early childhood system
quality assurance and quality improvement standards.
' (3) The { - Healthy Start Family Support Services - }
{ + Healthy Families Oregon + } programs, local health
departments and other providers of prenatal and perinatal
services in counties, as part of the voluntary local early
childhood system, shall:
' (a) Identify existing services and describe and prioritize
additional services necessary for a voluntary home visit system;
' (b) Build on existing programs;
' (c) Maximize the use of volunteers and other community
resources that support all families;
' (d) Target, at a minimum, all { - first birth families in
the county - } { + prenatal families and families with children
less than three months of age and provide services through at
least the child's third birthday + }; 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 - } { + Healthy Families Oregon + } programs.
' (4) Through a { - Healthy Start Family Support Services
program, a trained family support worker or nurse - }
{ + Healthy Families Oregon program, a trained home visitor + }
shall be assigned to each family assessed as at risk that
consents to receive services through the { - worker or
nurse - } { + trained home visitor + }. The
{ - worker or nurse - } { + trained home visitor + } shall
conduct home visits and assist the family in gaining access to
needed services.
' (5) The services required by this section shall be provided
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 a
contract, a local commission may utilize collaborative
contracting or requests for proposals and shall take into
consideration the most effective and consistent service delivery
system.
' (6) The family risk assessment and follow-up services for
families at risk shall be provided by { - trained family
support workers or nurses - } { + trained home visitors + }
organized in teams supervised by a manager and including a family
services coordinator who is available to consult.
' (7) Each { - Healthy Start Family Support Services - }
{ + Healthy Families Oregon + } program shall adopt disciplinary
procedures for
{ - family support workers, nurses - } { + trained home
visitors + } and other employees of the program. The procedures
shall provide appropriate disciplinary actions for { - family
support workers, nurses - } { + trained home visitors + } and
other employees who violate federal or state law or the policies
of the program.
' { + SECTION 6. + } ORS 417.795, as amended by sections 53
and 95, chapter 37, Oregon Laws 2012, is amended to read:
' 417.795. (1) The Early Learning Council shall establish
{ - Healthy Start Family Support Services - } { + Healthy
Families Oregon + } programs 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, there are no
adverse consequences for those decisions;
' (c) Offer a voluntary comprehensive screening and risk
assessment of all { - newly born - } children { + , from zero
through three years of age, + } and their families { + in
coordination with statewide screening and risk assessment
efforts + };
' (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 417.728 { - (7) - } { + (8) + } 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;
' (f) Identify, as early as possible, families that would
benefit most from the programs;
' (g) Provide parenting education and support services,
including but not limited to community-based home visiting
services and primary health care services;
' (h) Provide other supports, including but not limited to
referral to and linking of community and public services for
children and families such as mental health services, alcohol and
drug treatment programs that meet the standards promulgated by
the Oregon Health Authority under ORS 430.357, child care, food,
housing and transportation;
' (i) Coordinate services for children consistent with other
services provided through the Oregon Early Learning System;
' (j) Provide follow-up services and supports from zero through
six years of age;
' (k) Integrate data with any common data system for early
childhood programs;
' (L) Be included in a statewide independent evaluation to
document:
' (A) Level of screening and assessment;
' (B) Incidence of child abuse and neglect;
' (C) Change in parenting skills; and
' (D) Rate of child development;
' (m) Be included in a statewide training program in the
dynamics of the skills needed to provide early childhood
services, such as assessment and home visiting; and
' (n) Meet statewide quality assurance and quality improvement
standards.
' (3) The { - Healthy Start Family Support Services - }
{ + Healthy Families Oregon + } programs, local health
departments and other providers of prenatal and perinatal
services in counties shall:
' (a) Identify existing services and describe and prioritize
additional services necessary for a voluntary home visit system;
' (b) Build on existing programs;
' (c) Maximize the use of volunteers and other community
resources that support all families;
' (d) Target, at a minimum, all { - first birth families in
the county - } { + prenatal families and families with children
less than three months of age and provide services through at
least the child's third birthday + }; 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 - } { + Healthy Families Oregon + } programs.
' (4) Through a { - Healthy Start Family Support Services
program, a trained family support worker or nurse - }
{ + Healthy Families Oregon program, a trained home visitor + }
shall be assigned to each family assessed as at risk that
consents to receive services through the { - worker or
nurse - } { + trained home visitor + }. The
{ - worker or nurse - } { + trained home visitor + } shall
conduct home visits and assist the family in gaining access to
needed services.
' (5) The services required by this section shall be provided
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 a
contract, collaborative contracting or requests for proposals may
be used and must include the most effective and consistent
service delivery system.
' (6) The family risk assessment and follow-up services for
families at risk shall be provided by { - trained family
support workers or nurses - } { + trained home visitors + }
organized in teams supervised by a manager and including a family
services coordinator who is available to consult.
' (7) Each { - Healthy Start Family Support Services - }
{ + Healthy Families Oregon + } program shall adopt disciplinary
procedures for
{ - family support workers, nurses - } { + trained home
visitors + } and other employees of the program. The procedures
shall provide appropriate disciplinary actions for { - family
support workers, nurses - } { + trained home visitors + } and
other employees who violate federal or state law or the policies
of the program.
' { + SECTION 7. + } ORS 417.777, as amended by section 47,
chapter 37, Oregon Laws 2012, is amended to read:
' 417.777. (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 voluntary 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 voluntary early childhood system plan.
' (2) In the process of developing the voluntary 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 - }
{ + Healthy Families Oregon + } programs;
' (i) Alcohol and drug treatment programs;
' (j) Local child care resource and referral agencies;
' (k) Child care providers;
' (L) Developmental disability services;
' (m) The kindergarten through grade 12 education community;
' (n) Faith-based organizations; and
' (o) Other providers of prenatal and perinatal services.
' (3) A voluntary 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
voluntary statewide early learning system specified in ORS
417.728 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 voluntary local early childhood
system; and
' (b) Involve the medical community to ensure appropriate
referrals to services and supports that are provided through the
voluntary local early childhood system.
' { + SECTION 8. + } { + The Oregon Health Authority and the
Early Learning Council shall work collaboratively with
coordinated care organizations to develop performance metrics for
prenatal care, delivery and infant care that align with early
learning outcomes. + }
' { + SECTION 9. + } { + The Oregon Health Authority and the
Early Learning Council shall establish a grant program to provide
funding to support effective and scalable strategies that align
voluntary statewide early learning systems and health systems for
the purpose of improving the developmental outcomes for children
from zero through three years of age. + }
' { + SECTION 10. + } ORS 343.475 is amended to read:
' 343.475. (1) { + (a) + } In accordance with rules adopted by
the State Board of Education, the Superintendent of Public
Instruction { + in collaboration with the Early Learning
Council + } 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: - } { + .
' (b) The program must ensure that each preschool child with a
disability has access to a comprehensive plan for communication
that allows the child, by the age of three years, to engage in
expressive and receptive communication across all learning, home
and community settings. The plan may allow for communication
orally, by sign language, by assistive technology or by
augmentative communication.
' (2) In accordance with rules adopted by the State Board of
Education, the Superintendent of Public Instruction in
collaboration with the Early Learning Council 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) - } { + (3) + } Early childhood special education
and early intervention services shall:
' (a) Participate in the planning process under ORS 417.777 to
develop a voluntary 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.
' { - (3) - } { + (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.
' { - (4) - } { + (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 11. + } ORS 343.475, as amended by section 89,
chapter 37, Oregon Laws 2012, is amended to read:
' 343.475. (1) { + (a) + } In accordance with rules adopted by
the State Board of Education, the Superintendent of Public
Instruction { + in collaboration with the Early Learning
Council + } 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: - } { + .
' (b) The program must ensure that each preschool child with a
disability has access to a comprehensive plan for communication
that allows the child, by the age of three years, to engage in
expressive and receptive communication across all learning, home
and community settings. The plan may allow for communication
orally, by sign language, by assistive technology or by
augmentative communication.
' (2) In accordance with rules adopted by the State Board of
Education, the Superintendent of Public Instruction in
collaboration with the Early Learning Council 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) - } { + (3) + } Early childhood special education
and early intervention services shall coordinate services with
other services provided through the Oregon Early Learning System.
The coordination of services shall be consistent with federal and
state law.
' { - (3) - } { + (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.
' { - (4) - } { + (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 12. + } Section 103, chapter 37, Oregon Laws
2012, is amended to read:
' { + Sec. 103. + } ORS 417.747, 417.760, 417.765, 417.770,
417.775, 417.777, 417.780, 417.785, 417.787, { - 417.797, - }
417.830, 417.833, 417.836, 417.839 and 417.842 are repealed.
' { + SECTION 13. + } { + ORS 417.797 is repealed. + }
' { + SECTION 14. + } ORS 417.775, as amended by section 46,
chapter 37, Oregon Laws 2012, and section 25, chapter 97, Oregon
Laws 2012, 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 Early Learning Council, the local commission on children
and families shall promote wellness for children of all ages and
their families in the county or region, if the families have
given their express written consent, mobilize communities and
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 and tribal-based
initiatives for children who are 18 years of age or younger,
including prenatal, and their families;
' (d) Develop local policies, priorities, outcomes and targets;
' (e) Prioritize activities identified in the local plan and
mobilize the community to take action;
' (f) Prioritize the use of nondedicated resources; { +
and + }
' (g) Monitor implementation of the local plan { + . + }
{ - ; and - }
' { - (h) Monitor and evaluate the intermediate outcome
targets identified in the local plan that are reviewed under ORS
417.797, and report on the progress in addressing priorities and
achieving outcomes. - }
' (2)(a) A local commission may not provide direct services for
children and their families.
' (b) Notwithstanding paragraph (a) of this subsection, a local
commission may provide direct services for children and their
families for a period not to exceed six months if:
' (A)(i) The local commission determines that there is an
emergency;
' (ii) A provider of services discontinues providing the
services in the county or region; or
' (iii) No provider is able to offer the services in the county
or region; and
' (B) The family has given its express written consent.
' (3) The local commission shall lead and coordinate a process
to assess needs, strengths, goals, priorities and strategies, and
identify county or regional outcomes to be achieved. The process
shall be in conjunction with other coordinating bodies for
services for children and their families and shall include
representatives of education, mental health services,
developmental disability services, alcohol and drug treatment
programs, public health programs, local child care resource and
referral agencies, 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 the diversity of the county or region.
' (4) Through the process described in subsection (3) of this
section, the local commission shall coordinate the development of
a single local plan for coordinating community programs,
strategies and services for children who are 18 years of age or
younger, including prenatal, 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
their families in the county or region, if the families have
given their express written consent. The local plan shall be
designed to achieve state and county or regional outcomes based
on state policies and guidelines and to maintain a level of
services consistent with state and federal requirements.
' (5) The local commission shall prepare the local coordinated
comprehensive plan and applications for funds to implement ORS
417.705 to 417.800. 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
Early Learning Council. 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, their families and communities, including
those children and their families at highest risk.
' (6) Subject to the availability of funds:
' (a) The local coordinated comprehensive plan shall include:
' (A) Identification of ways to connect all state and local
planning processes related to services for children and their
families into the local coordinated comprehensive plan to create
positive outcomes for children and their families; and
' (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).
' (b) The local coordinated comprehensive plan shall reference:
' (A) A voluntary local early childhood system plan created
pursuant to ORS 417.777;
' (B) Local alcohol and other drug prevention and treatment
plans developed pursuant to ORS 430.242;
' (C) Local service plans, developed pursuant to ORS 430.630,
for the delivery of mental health services for children and their
families;
' (D) Local public health plans, developed pursuant to ORS
431.385, that include public health issues such as prenatal care,
immunizations, well-child checkups, tobacco use, nutrition, teen
pregnancy, maternal and child health care and suicide prevention;
and
' (E) The local high-risk juvenile crime prevention plan
developed pursuant to ORS 417.855.
' (7) The local coordinated comprehensive plan shall include 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.
' (8) The local coordinated comprehensive plan shall:
' (a) Improve results by addressing the needs, strengths and
assets of all children, their families and communities in the
county or region, including those children and their 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 voluntary 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.
' (9) In developing the local coordinated comprehensive plan,
the local commission shall:
' (a) Secure active participation pursuant to subsection (3) 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.
' (10) The Early Learning Council may disapprove the part of
the local coordinated comprehensive plan relating to the planning
process required by this section and the voluntary local early
childhood system plan.
' (11)(a) The Early Learning Council may disapprove the
planning process and the voluntary local early childhood system
plan only upon making specific findings that the local plan
substantially fails to conform to the principles, characteristics
and values identified in ORS 417.708 to 417.725 or that the local
plan fails to conform with the planning process requirements of
this section. The staff of the Early Learning Council shall
assist the local commission in remedying the deficiencies in the
planning process or the voluntary local early childhood system
plan. The Early Learning Council shall set a date by which any
deficient portions of the planning process or the voluntary local
early childhood system plan must be revised and resubmitted to
the Early Learning Council by the local commission.
' (b) The Early Learning Council does not have approval
authority over the following service plans referenced in the
local coordinated comprehensive plan:
' (A) The local alcohol and other drug prevention and treatment
plans developed pursuant to ORS 430.242;
' (B) Local service plans, developed pursuant to ORS 430.630,
relating to the delivery of mental health services;
' (C) Local public health plans developed pursuant to ORS
431.385; and
' (D) Local high-risk juvenile crime prevention plans developed
pursuant to ORS 417.855.
' (12) The Early Learning Council, the Department of Human
Services and the Juvenile Crime Prevention Advisory Committee may
jointly approve the community plan that is part of the local
coordinated comprehensive plan, but may not jointly approve the
service plans that are referenced in the local plan. If the
community plan is disapproved in whole, the agencies shall
identify with particularity the manner in which the community
plan is deficient and the service plans may be implemented. If
only part of the community plan is disapproved, the remainder of
the community plan and the service plans may be implemented. The
staff of the agencies shall assist the local commission in
remedying the disapproved portions of the community plan. The
agencies shall jointly set a date by which the deficient portions
of the community plan shall be revised and resubmitted to the
agencies by the local commission. In reviewing the community
plan, the agencies shall consider the impact of state and local
budget reductions on the community plan.
' (13) If a local commission determines that the needs of the
county or region it serves differ from those identified by the
Early Learning Council, it may ask the Early Learning Council to
waive specific requirements in its list of children's support
areas. The process for granting waivers shall be developed by the
Early Learning Council prior to the start of the review and
approval process for the local coordinated comprehensive plan 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.
' (14) From time to time, the local commission may amend the
local coordinated comprehensive plan and applications for funds
to implement ORS 417.705 to 417.800. The local commission must
amend the local plan to reflect current community needs,
strengths, goals, priorities and strategies. Amendments become
effective upon approval of the board or boards of county
commissioners and the Early Learning Council.
' (15) The local commission shall keep an official record of
any amendments to the local coordinated comprehensive plan under
subsection (14) of this section.
' (16) The local commission shall provide an opportunity for
public and private contractors to review the components of the
local coordinated comprehensive plan and any amendments to the
local 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.
' (17) Alcohol and drug prevention and treatment services
included in the local coordinated comprehensive plan must meet
minimum standards adopted by the Oregon Health Authority under
ORS 430.357.
' { + SECTION 15. + } ORS 417.775, as amended by sections 46
and 108a, chapter 37, Oregon Laws 2012, and section 25, chapter
97, Oregon Laws 2012, 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 Early Learning Council, the local commission on children
and families shall promote wellness for children of all ages and
their families in the county or region, if the families have
given their express written consent, mobilize communities and
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 and tribal-based
initiatives for children who are 18 years of age or younger,
including prenatal, and their families;
' (d) Develop local policies, priorities, outcomes and targets;
' (e) Prioritize activities identified in the local plan and
mobilize the community to take action;
' (f) Prioritize the use of nondedicated resources; { +
and + }
' (g) Monitor implementation of the local plan { + . + }
{ - ; and - }
' { - (h) Monitor and evaluate the intermediate outcome
targets identified in the local plan that are reviewed under ORS
417.797, and report on the progress in addressing priorities and
achieving outcomes. - }
' (2)(a) A local commission may not provide direct services for
children and their families.
' (b) Notwithstanding paragraph (a) of this subsection, a local
commission may provide direct services for children and their
families for a period not to exceed six months if:
' (A)(i) The local commission determines that there is an
emergency;
' (ii) A provider of services discontinues providing the
services in the county or region; or
' (iii) No provider is able to offer the services in the county
or region; and
' (B) The family has given its express written consent.
' (3) The local commission shall lead and coordinate a process
to assess needs, strengths, goals, priorities and strategies, and
identify county or regional outcomes to be achieved. The process
shall be in conjunction with other coordinating bodies for
services for children and their families and shall include
representatives of education, mental health services,
developmental disability services, alcohol and drug treatment
programs, public health programs, local child care resource and
referral agencies, 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 the diversity of the county or region.
' (4) Through the process described in subsection (3) of this
section, the local commission shall coordinate the development of
a single local plan for coordinating community programs,
strategies and services for children who are 18 years of age or
younger, including prenatal, 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
their families in the county or region, if the families have
given their express written consent. The local plan shall be
designed to achieve state and county or regional outcomes based
on state policies and guidelines and to maintain a level of
services consistent with state and federal requirements.
' (5) The local commission shall prepare the local coordinated
comprehensive plan and applications for funds to implement ORS
417.705 to 417.800. 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
Early Learning Council. 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, their families and communities, including
those children and their families at highest risk.
' (6) Subject to the availability of funds:
' (a) The local coordinated comprehensive plan shall include:
' (A) Identification of ways to connect all state and local
planning processes related to services for children and their
families into the local coordinated comprehensive plan to create
positive outcomes for children and their families; and
' (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).
' (b) The local coordinated comprehensive plan shall reference:
' (A) A voluntary local early childhood system plan created
pursuant to ORS 417.777;
' (B) Local alcohol and other drug prevention and treatment
plans developed pursuant to ORS 430.242;
' (C) Local service plans, developed pursuant to ORS 430.630,
for the delivery of mental health services for children and their
families;
' (D) Local public health plans, developed pursuant to ORS
431.385, that include public health issues such as prenatal care,
immunizations, well-child checkups, tobacco use, nutrition, teen
pregnancy, maternal and child health care and suicide prevention;
and
' (E) The local high-risk juvenile crime prevention plan
developed pursuant to ORS 417.855.
' (7) The local coordinated comprehensive plan shall include 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.
' (8) The local coordinated comprehensive plan shall:
' (a) Improve results by addressing the needs, strengths and
assets of all children, their families and communities in the
county or region, including those children and their 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 voluntary 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.
' (9) In developing the local coordinated comprehensive plan,
the local commission shall:
' (a) Secure active participation pursuant to subsection (3) 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.
' (10) The Early Learning Council may disapprove the part of
the local coordinated comprehensive plan relating to the planning
process required by this section and the voluntary local early
childhood system plan.
' (11)(a) The Early Learning Council may disapprove the
planning process and the voluntary local early childhood system
plan only upon making specific findings that the local plan
substantially fails to conform to the principles, characteristics
and values identified in ORS 417.708 to 417.725 or that the local
plan fails to conform with the planning process requirements of
this section. The staff of the Early Learning Council shall
assist the local commission in remedying the deficiencies in the
planning process or the voluntary local early childhood system
plan. The Early Learning Council shall set a date by which any
deficient portions of the planning process or the voluntary local
early childhood system plan must be revised and resubmitted to
the Early Learning Council by the local commission.
' (b) The Early Learning Council does not have approval
authority over the following service plans referenced in the
local coordinated comprehensive plan:
' (A) The local alcohol and other drug prevention and treatment
plans developed pursuant to ORS 430.242;
' (B) Local service plans, developed pursuant to ORS 430.630,
relating to the delivery of mental health services;
' (C) Local public health plans developed pursuant to ORS
431.385; and
' (D) Local high-risk juvenile crime prevention plans developed
pursuant to ORS 417.855.
' (12) The Early Learning Council, the Department of Human
Services and the Youth Development Council may jointly approve
the community plan that is part of the local coordinated
comprehensive plan, but may not jointly approve the service plans
that are referenced in the local plan. If the community plan is
disapproved in whole, the agencies shall identify with
particularity the manner in which the community plan is deficient
and the service plans may be implemented. If only part of the
community plan is disapproved, the remainder of the community
plan and the service plans may be implemented. The staff of the
agencies shall assist the local commission in remedying the
disapproved portions of the community plan. The agencies shall
jointly set a date by which the deficient portions of the
community plan shall be revised and resubmitted to the agencies
by the local commission. In reviewing the community plan, the
agencies shall consider the impact of state and local budget
reductions on the community plan.
' (13) If a local commission determines that the needs of the
county or region it serves differ from those identified by the
Early Learning Council, it may ask the Early Learning Council to
waive specific requirements in its list of children's support
areas. The process for granting waivers shall be developed by the
Early Learning Council prior to the start of the review and
approval process for the local coordinated comprehensive plan 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.
' (14) From time to time, the local commission may amend the
local coordinated comprehensive plan and applications for funds
to implement ORS 417.705 to 417.800. The local commission must
amend the local plan to reflect current community needs,
strengths, goals, priorities and strategies. Amendments become
effective upon approval of the board or boards of county
commissioners and the Early Learning Council.
' (15) The local commission shall keep an official record of
any amendments to the local coordinated comprehensive plan under
subsection (14) of this section.
' (16) The local commission shall provide an opportunity for
public and private contractors to review the components of the
local coordinated comprehensive plan and any amendments to the
local 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.
' (17) Alcohol and drug prevention and treatment services
included in the local coordinated comprehensive plan must meet
minimum standards adopted by the Oregon Health Authority under
ORS 430.357.
' { + SECTION 16. + } Section 77, chapter 37, Oregon Laws
2012, is amended to read:
' { + Sec. 77. + } { - (1) As used in this section,
'community-based coordinator of early learning services' means
counties, cities, school districts, education service districts,
community colleges, public universities, private educational
institutions, faith-based organizations, nonprofit service
providers, tribes and any other entity that meets the minimum
criteria to be a community-based coordinator of early learning
services, as determined by the Early Learning Council. - }
' { + (1) As used in this section:
' (a) 'Early Learning Hub' means any entity designated by
regional partners to coordinate early learning services, as
determined by rules adopted by the Early Learning Council.
' (b) 'Regional partners' includes counties, cities, school
districts, education service districts, community colleges,
public universities, private educational institutions,
faith-based organizations, nonprofit service providers and
tribes. + }
' (2) The Early Learning Council shall implement and oversee a
system that coordinates the delivery of early learning services
to the communities of this state through the { - use of
community-based coordinators of early learning services - } { +
direction of Early Learning Hubs + }.
' (3) The system implemented and overseen by the council must
ensure that:
' (a) Providers of early learning services are accountable
{ + for outcomes + };
' (b) Services are provided in a cost-efficient manner; and
' (c) The services provided, and the means by which those
services are provided, are focused on the outcomes of the
services.
' { - (4) An entity may become a community-based coordinator
of early learning services by submitting to the council an
application that demonstrates the following: - }
' { + (4) The Early Learning Council shall develop and
implement a process for requesting proposals from entities to
become Early Learning Hubs. Proposals submitted under this
subsection must comply with criteria and requirements adopted by
the council by rule, including: + }
' (a) The entity { - is - } { + will be + } able to
coordinate the provision of early learning services to the
community that will be served by the entity. An entity may
{ - make the demonstration required by this - } { + meet the
requirement of this + } paragraph by submitting evidence that
local stakeholders, including but not limited to service
providers, parents, community members, county governments, local
governments and school districts, have participated in the
development of the { - application - } { + proposal and will
maintain a meaningful role in the Early Learning Hub + }.
' (b) The services coordinated by the entity will be in
alignment with the services provided by the public schools of the
community that will be served by the entity.
' (c) The entity will { + be in alignment with, and + } make
advantageous use of { + , + } the system of public health care
and services available through county health departments and
other publicly supported programs delivered through, or in
partnership with, counties { + and coordinated care
organizations + }.
' { + (d) The entity will be able to integrate efforts among
education providers, providers of health care, providers of human
services and providers of other programs and services in the
community.
' (e) The entity will use coordinated and transparent
budgeting.
' (f) The entity will operate in a fiscally sound manner. + }
' { - (d) - } { + (g) + } The entity { - has - }
{ + must have + } a governing body or
{ - an - } { + community + } advisory body that:
' (A) Has the authority to initiate audits, recommend the terms
of a contract and provide reports to the public and to the Early
Learning Council on the outcomes of the provision of early
learning services to the community served by the entity.
' (B) Has members selected through a transparent process { +
and includes both public and private entities, locally based
parents and service recipients, human service providers, health
care providers and representatives of local governments + }.
' { - (e) - } { + (h) + } The entity will collaborate on
documentation related to coordinated services with public and
private entities that are identified by the Early Learning
Council as providers of services that advance the early learning
of children.
' { - (f) - } { + (i) + } The entity will serve a community
that is based on the population and service needs of the
community { + and will demonstrate the ability to improve
results for at-risk children, including the ability to identify,
evaluate and implement coordinated strategies to ensure that a
child is ready to succeed in school + }.
' { - (g) - } { + (j) + } The entity { - is - } { + will
be + } able to raise significant funds from public and private
sources to support early learning services coordinated by the
entity { + and operate in a fiscally sound manner + }.
' { - (h) - } { + (k) + } The entity meets any other
qualifications established by the Early Learning Council.
' (5) The Early Learning Council may { - develop - }
{ + adopt by rule + } requirements { + that are + } in addition
to the requirements described in subsections (3) and (4) of this
section that an entity must meet to qualify as { - a
community-based coordinator of early learning services - } { +
an Early Learning Hub + }. When developing the
{ + additional + } requirements, the council must use a
statewide public process of community engagement that is
consistent with the requirements of the federal Head Start Act.
' (6) When determining whether to designate an entity as
{ - a community-based coordinator of early learning services - }
{ + an Early Learning Hub + }, the Early Learning Council shall
balance the following factors:
' (a) The entity's ability to engage the community and be
involved in the community.
' (b) The entity's ability to produce outcomes that benefit
children.
' (c) The entity's resourcefulness.
' (d) The entity's use, or proposed use, of evidence-based
practices.
' (7) The Early Learning Council may alter the lines of the
territory served by { - a community-based coordinator of early
learning services - } { + an Early Learning Hub + } only to
ensure that all children of this state are served by { - a
community-based coordinator of early learning services - } { +
an Early Learning Hub + }.
' (8) An entity designated as { - a community-based
coordinator of early learning services - } { + part of an Early
Learning Hub + } may not use more than 15 percent of the moneys
received by the entity from the Early Learning Council to pay
administrative costs of the entity.
' { + SECTION 17. + } Section 77a, chapter 37, Oregon Laws
2012, is amended to read:
' { + Sec. 77a. + } (1) In order to ensure an orderly
transition from the local system of commissions on children and
families, an entity submitting an application under section 77
{ - of this 2012 Act - } { + , chapter 37, Oregon Laws
2012, + } must show inclusion of, and coordination with, county
governments.
' (2) On and after { - January 1, 2014 - } { + July 1,
2013 + }, an entity submitting an application under section 77
{ - of this 2012 Act - } { + , chapter 37, Oregon Laws
2012, + } is required to show that county governments
participated in the development of the application as provided by
{ - section 77 (4) of this 2012 Act - } { + section 77 (4)(a),
chapter 37, Oregon Laws 2012 + }.
' { + SECTION 18. + } ORS 417.790, as amended by sections 51
and 93, chapter 37, Oregon Laws 2012, is amended to read:
' 417.790. The Early Learning Council shall:
' (1) Make grants to fund research-based services and
initiatives to improve outcomes for children, youth or families.
The council and { - community-based coordinators of early
learning services - } { + Early Learning Hubs + } shall assist
counties in the implementation of community services that are
efficient, accountable, coordinated and readily available. These
services shall be provided in accordance with ORS 417.715 and
417.720.
' (2) Make Great Start grants to fund community-based programs
for children zero through six 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. These services shall be provided in accordance with
ORS 417.728.
' { + SECTION 19. + } Section 78, chapter 37, Oregon Laws
2012, is amended to read:
' { + Sec. 78. + } The Early Learning Council shall establish
a process for designating entities as { - community-based
coordinators of early learning services - } { + Early Learning
Hubs + } that allows the entities to begin functioning as
{ - community-based coordinators of early learning services - }
{ + Early Learning Hubs + } no later than
{ - January 1, 2014 - } { + July 1, 2013 + }.
' { + SECTION 20. + } ORS 417.705, as amended by sections 43
and 79, chapter 37, Oregon Laws 2012, is amended to read:
' 417.705. As used in ORS 417.705 to 417.800:
' { - (1) 'Community-based coordinator of early learning
services' means an entity designated under section 77, chapter
37, Oregon Laws 2012. - }
' { + (1) 'Early Learning Hub' means an entity designated
under section 77, chapter 37, Oregon Laws 2012. + }
' (2) 'Outcome' means the measure of a desired result.
' (3) 'Services for children and families' does not include
services provided by the Department of Education or school
districts that are related to curriculum or instructional
programs.
' (4) 'Target' means a specific level of achievement desired
for a specific time, expressed numerically.
' { + SECTION 21. + } ORS 417.710, as amended by sections 44
and 80, chapter 37, Oregon Laws 2012, and section 21, chapter 97,
Oregon Laws 2012, is amended to read:
' 417.710. Subject to the availability of funds therefor and
the specific provisions of ORS 417.705 to 417.800, it is the
purpose of ORS 417.705 to 417.800 to:
' (1) Authorize the Early Learning Council to set statewide
guidelines for the planning, coordination and delivery of
services for children and families in conjunction with other
state agencies and other planning bodies;
' (2) Vest in { - community-based coordinators of early
learning services - } { + Early Learning Hubs + } the authority
to distribute state and federal funds, to coordinate services and
to purchase services for children and families in the local area;
' (3) Provide a process for providing local services that are
consistent with statewide guidelines;
' (4) Retain in the state the responsibility for funding of
services for children and families through a combination of
local, state and federal funding, including the leveraging of
public and private funds available under ORS 417.705 to 417.800;
and
' (5) Retain state supervision of child protection and other
services that should be uniform throughout the state and that are
necessarily the state's responsibility.
' { + SECTION 22. + } ORS 417.725, as amended by section 81,
chapter 37, Oregon Laws 2012, and section 23, chapter 97, Oregon
Laws 2012, is amended to read:
' 417.725. (1) Key elements of the service system developed and
implemented under ORS 417.705 to 417.800 are:
' (a) A two-to-seven-year incremental implementation process
with measurable outcomes;
' (b) An implementation process resulting in a voluntary system
based on nurturing human development; and
' (c) A service continuum based on promoting wellness for the
children of Oregon whose parents have given their express written
consent. Family resource centers and community learning centers
as defined in ORS 329.007 are a viable, but not the exclusive,
structure for delivering a service continuum.
' (2) If a system of family resource centers and community
learning centers is selected by { - a community-based
coordinator of early learning services - } { + an Early
Learning Hub + } to deliver services, the centers:
' (a) May serve as the prevention arm of the voluntary delivery
system and may link and integrate neighborhood-based services
with the intent that services be available to all families who
have given their express written consent to promote their
children's wellness;
' (b) Shall involve parents in the care and education of their
children;
' (c) Shall involve the local community in developing and
overseeing family resource center programs and community learning
center programs; and
' (d) Shall incorporate the requirements specified for
community learning centers under ORS 329.156.
' { + SECTION 23. + } Section 82, chapter 37, Oregon Laws
2012, is amended to read:
' { + Sec. 82. + } The amendments to ORS 417.705, 417.710 and
417.725 by sections 79 to 81 { - of this 2012 Act - } { + ,
chapter 37, Oregon Laws 2012, + } become operative on
{ - January 1, 2014 - } { + July 1, 2013 + }.
' { + SECTION 24. + } { + (1) The Early Learning Council
shall establish an Early Learning Hub demonstration project.
Under the project, the council shall provide funding to assist in
the development of Early Learning Hubs.
' (2) The Early Learning Council shall develop metrics for the
purpose of providing funding under this section. The metrics
must:
' (a) Focus on community readiness, high capacity development
and progress toward tracking child outcomes;
' (b) Establish a baseline of information for the area to be
served by an Early Learning Hub, including information about the
inclusion of community partners in the governance structure of
the Early Learning Hub, degree data on local programs and
outcomes and the success in leveraging private, nonprofit and
other governmental resources for early learning; and
' (c) Include child performance metrics.
' (3) The Early Learning Council may provide funding under this
section during the 2013-2014 fiscal year for no more than seven
Early Learning Hubs. An Early Learning Hub that receives moneys
in the 2013-2014 fiscal year must achieve sufficient outcomes, as
determined by the council, to qualify to receive moneys in the
2014-2015 fiscal year.
' (4) The Early Learning Council may provide funding under this
section during the 2014-2015 fiscal year to no more than a total
of 16 Early Learning Hubs.
' (5) As a condition of receiving funding under this section,
the Early Learning Council may require that an Early Learning Hub
provide matching funding. The percentage of matching funding
shall be determined by the council and may vary for each fiscal
year.
' (6) For any community of this state that is not served by an
Early Learning Hub as provided by this section, the Early
Learning Council shall oversee and administer the delivery of
early learning services for that community.
' (7)(a) An Early Learning Hub that receives funding under this
section must submit a report to the appropriate interim
legislative committees no later than January 1, 2014.
' (b) The Early Learning Council must submit a report on the
Early Learning Hub demonstration project to the appropriate
interim legislative committees no later than July 1, 2014. + }
' { + SECTION 25. + } { + Section 24 of this 2013 Act is
repealed January 2, 2015. + }
' { + SECTION 26. + } { + (1) The Early Learning
Kindergarten Readiness Partnership and Innovation Program is
established for the purpose of improving the readiness of
children for kindergarten. The program shall be administered by
the Early Learning Council as provided by this section.
' (2) The Early Learning Council shall provide grants under
this section based on criteria established by the council by
rule. Criteria may include requirements that an applicant must
meet one or more of the following criteria:
' (a) Form a partnership with at least one provider of early
learning services, childcare provider or elementary school;
' (b) Form partnerships with community-based providers of early
childhood services to provide preschool and other early-learning
strategies;
' (c) Establish ambitious but meaningful targets for
kindergarten readiness;
' (d) Invest resources in students who meet criteria
established by the council by rule;
' (e) Align with, and supplement, federal programs to provide
moneys for educational purposes; and
' (f) Agree to report to, and partner with, any Early Learning
Hubs serving the region.
' (3) Priority for grants provided under this section may be
for programs that:
' (a) Assist children in becoming ready for kindergarten or
being successful in kindergarten; or
' (b) Share professional development strategies and resources
with providers of early learning services, child care providers
and kindergarten teachers. + }
' { + SECTION 27. + } { + (1) The Early Learning
Kindergarten Readiness Partnership and Innovation Account is
established within the Early Learning Council Fund. Separate
records shall be maintained for moneys in the account. Interest
earned by the account shall be credited to the account.
' (2) Moneys in the account are continuously appropriated to
the Early Learning Council for the Early Learning Kindergarten
Readiness Partnership and Innovation Program described in section
26 of this 2013 Act. + }
' { + SECTION 28. + } { + In addition to and not in lieu of
any other appropriation, there is appropriated to the Early
Learning Council, for the biennium beginning July 1, 2013, out of
the General Fund, the amount of $________, which may be expended
for the establishment and support of Early Learning Hubs
established as provided by section 77, chapter 37, Oregon Laws
2012. + }
' { + SECTION 29. + } { + This 2013 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2013 Act
takes effect July 1, 2013. + } ' .
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