ORS 329.175¹
Early Learning Division to administer Oregon prekindergarten program
  • grants
  • coordination with other programs

(1) The Early Learning Division 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)(a) In administering the Oregon prekindergarten program, the Early Learning Division shall adopt a funding formula and methodology that will ensure that Oregon prekindergartens offer high-quality services to eligible children and their families.

(b) Services may be provided under this section to pregnant women and families with children under the age of five years old who are not participating in a federal, state or local program providing comprehensive services and who qualify for eligibility under the federal Head Start program.

(3)(a) Nonsectarian organizations, including school districts and Head Start grantees, are eligible to compete for funds to establish an Oregon prekindergarten.

(b)(A) 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 Early Learning Council.

(B) Grant recipients may serve children not described in subparagraph (A) of this paragraph, but not more than 20 percent of the total enrollment with a grant recipient shall consist of children who do not meet federal Head Start guidelines.

(c) School districts may contract with other governmental or nongovernmental nonsectarian organizations to conduct a portion of the program.

(d) Funds appropriated for the program shall be used to establish and maintain new or expanded Oregon prekindergartens and may 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.

(4) Applicants shall identify how they will serve the target population and provide all components as specified in the federal Head Start performance standards and guidelines, including staff qualifications and training, facilities and equipment, transportation and fiscal management.

(5) Applicants shall identify how they will provide, at a minimum, the annual number of instructional hours required under performance guidelines and standards of the federal Head Start programs.

(6) Oregon prekindergartens shall provide lead teachers and teaching assistants with a salary that meets the minimum salary requirements established by the Early Learning Council.

(7) Oregon prekindergartens must demonstrate an ability to maximize all available federal, state and local funds.

(8) Oregon prekindergartens shall coordinate with each other and with federal Head Start programs to ensure efficient delivery of services and prevent overlap. Oregon prekindergartens shall also work with local organizations such as local education associations serving young children and make the maximum use of local resources.

(9) Oregon prekindergartens shall coordinate services with other services provided through the Oregon Early Learning System. The coordination of services must be consistent with federal and state law.

(10)(a) The governing body of a recipient of grant funds under this section shall be subject to ORS 192.610 (Definitions for ORS 192.610 to 192.690) to 192.690 (Exceptions to ORS 192.610 to 192.690) but is subject to ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) only:

(A) With respect to records created at a meeting of the governing body, minutes of a meeting of a governing body or records presented at a meeting of the governing body; or

(B) As otherwise provided by law other than this subsection.

(b) As used in this subsection, “governing body” means a board or other entity of two or more persons who are authorized to make decisions with respect to a recipient or who are authorized to advise or make recommendations to a governing body of the recipient. [Formerly 326.605; 2001 c.831 §16; 2012 c.37 §87; 2013 c.282 §§1,2; 2013 c.624 §§5,6; 2019 c.646 §3]

Chapter 329

Notes of Decisions

Oregon Educa­tional Act for 21st Century does not facially violate students’ rights under First Amend­ment to United States Constitu­tion. Tennison v. Paulus, 144 F3d 1285 (9th Cir. 1998)

1 Legislative Counsel Committee, CHAPTER 329—Oregon Educational Act for the 21st Century; Educational Improvement and Reform, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors329.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 329, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano329.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information