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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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OREGON DEPARTMENT OF EDUCATION
EARLY LEARNING DIVISION

 

DIVISION 450

PRESCHOOL RECORDED PROGRAMS

414-450-0000

Purpose and Scope

(1) Oregon Administrative Rules (OAR) 414-450-0000 through 414-450-0040 are the Child Care Division’s minimum requirements for preschool recorded programs. The purpose of these rules is to collect and publish information on preschool recorded programs, and require criminal background checks on staff and volunteers having contact with children in these programs.

(2) Nothing in these rules is intended to create requirements applicable to a program that is:

(a) Required to be certified under ORS 657A.280 or registered under ORS 657A.330; or

(b) Operated by a school district as defined in ORS 332.002; or

(c) Operated by a political subdivision of this state; or

(d) Operated by a governmental agency.

Stat. Auth.: ORS 657A.030(7)
Stats. Implemented: ORS 657A.030
Hist.: CCD 6-2010, f. 6-30-10, cert. ef. 7-1-10

414-450-0010

Definitions

(1) “Child Care” means the care, supervision and guidance on a regular basis of a child, unaccompanied by a parent, guardian or custodian, during a part of the 24 hours of the day, with or without compensation.

(2) “CCD” means the Child Care Division of the Employment Department, or the Administrator or staff of the Division.

(3) “Preschool-Age Child” means a child who is 36 months of age up to the summer vacation months prior to being eligible to be enrolled in the first grade in public school.

(4) “Preschool Recorded Program” means a facility providing care for preschool age children that is primarily educational for four hours or less per day and where no preschool child is present at the facility for more than four hours per day.

(5) “Program Record” means the document a preschool recorded program is issued by the Child Care Division to operate a preschool recorded program pursuant to ORS 657A.257 and OAR 414-450-0000 through 414-450-0030.

(6) “School-Age Child” means a child eligible to be enrolled in the first grade or above in public school including the months of summer vacation prior to being eligible to be enrolled in the first grade or above in the next school year, up to age 13. For purposes of these rules, a child attending kindergarten may be considered a school age child.

(7) “Staff” means any individual 18 years and older who works in, and has contact with children in the program.

(8) “Volunteer” means any individual 18 years or older who intends to perform uncompensated duties for the program and who may have unsupervised contact with the children in the program; or who is in the facility more than four hours per year and has contact with children in the program four hours per year and has contact with children in the program.

Stat. Auth.: ORS 657A.030(7)
Stats. Implemented: ORS 657A.030
Hist.: CCD 6-2010, f. 6-30-10, cert. ef. 7-1-10; CCD 1-2011(Temp), f. 4-28-11, cert. ef. 5-1-11 thru 10-20-11; CCD 3-2011(Temp), f. & cert. ef. 6-30-11 thru 10-20-11; Administrative correction, 11-18-11

414-450-0020

Application for a Program Record

(1) No person or organization shall operate a preschool recorded program without an active program record issued by the Child Care Division (CCD).

(2) Application for a program record shall be made on forms provided by CCD. The original forms must be submitted to CCD for processing.

(3) A completed application is required:

(a) For a new program record

(b) For renewing a program record

(4) There is a nonrefundable processing fee of $20 for each application.

(5) To determine if requirements are met, the applicant may be required to supply additional information or permit CCD to visit and assess the program.

Stat. Auth.: ORS 657A.030(7)
Stats. Implemented: ORS 657A.030
Hist.: CCD 6-2010, f. 6-30-10, cert. ef. 7-1-10

414-450-0025

Issuance of a Preschool Program Record

(1) CCD shall issue a program record to a person or organization operating a preschool program if CCD determines that the applicant meets the requirements of ORS 657A.250 to 657A.450 and OAR 414-250-000 et. seq. and 414-300-0000 et. seq. and 414-450-0000 through 414-450-0030.

(2) A program record is valid for two years from date of issuance.

(3) A program record authorizes operation of the preschool recorded program only at the address described in the record and only by the person named in the record.

(4) CCD will create and maintain a database of preschool recorded programs. The database will include:

(a) Name and address of the program;

(b) Name of contact person; and

(c) Program information such as capacity, age range of children served and hours of operation.

Stat. Auth.: ORS 657A.030(7)
Stats. Implemented: ORS 657A.030
Hist.: CCD 6-2010, f. 6-30-10, cert. ef. 7-1-10

414-450-0030

General Requirements

(1) The preschool recorded program must assure that criminal background checks are done on all staff and volunteers prior to having contact with children in the program.

(2) The preschool recorded program must post a notice where it is visible to parents that the program is recorded with CCD and is legally exempt from licensure.

Stat. Auth.: ORS 657A.030(7)
Stats. Implemented: ORS 657A.030
Hist.: CCD 6-2010, f. 6-30-10, cert. ef. 7-1-10; CCD 1-2011(Temp), f. 4-28-11, cert. ef. 5-1-11 thru 10-20-11; CCD 3-2011(Temp), f. & cert. ef. 6-30-11 thru 10-20-11; Administrative correction, 11-18-11

414-450-0040

Denial of Application and Sanctions

(1) An initial application for a new program record or renewal application may be denied if the division finds that:

(a) The program or its operation does not comply with ORS 657A.250 to ORS 657A.450, with applicable rules or with any term or condition imposed under the record; or

(b) A visit, on-site assessment or inspection of a program or its records authorized by ORS 657A.390 has not been permitted.

(2) A person or organization that violates any provision of this section or any term or condition of a program record is subject to a civil penalty not to exceed $100.

Stat. Auth.: ORS 657A.030(7)
Stats. Implemented: ORS 657A.030
Hist.: CCD 6-2010, f. 6-30-10, cert. ef. 7-1-10

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