OAR 581-015-2275: Standards for Approval of Private Preschools

(1) Applicability: (a) This rule applies to private preschools that intend to provide a preschool setting, early intervention (EI) or early childhood special education (ECSE) and related services, in accordance with an individual family service plan IFSP to children with disabilities ages birth to five placed in the preschool by the contractor or subcontractor. (b) This rule does not apply to: (A) Private preschools that include kindergarten (which must apply for approval under OAR 581-015-2265); (B) Public agencies providing educational programs at treatment centers under OARs 581-015-2570 to 581-015-2574; (C) Public programs including preschools operated by school districts. Oregon Head Start Prekindergarten, Head Start, Migrant Seasonal Head Start, Tribal Head Start, Early Head Start, Migrant Education preschools, and Even Start Family Literacy programs. (2) Requirement for approval: (a) Private preschools that intend to provide EI or ECSE and related services and/or a preschool setting under a written agreement with an EI/ECSE contractor or subcontractor must submit an application for initial approval and an annual application for renewal to the Department on a form provided by the Department, in accordance with this rule. (b) A current Certificate of Approval from the Department of Employment's Child Care Division may be submitted in place of certain requirements as specified below, provided that: (A) The Certificate of Approval is maintained throughout the approval period; or (B) If the Certificate of Approval will expire during the approval term, the private school submits a new Certificate of Approval to the Department before the expiration date to maintain approved status. (3) Initial approval: (a) The application for initial approval must include documentation that the private preschool meets the following requirements: (A) The applicable fire codes of the local or state fire marshal, including an annual inspection and documentation of correction of any violations; (B) A copy of the initial facility occupancy and use standards set forth by the appropriate local building inspector; (C) Health standards of the county health department (including annual inspection and correction of any violations for environmental health, food service, and communicable disease); (D) The requirements set by OAR 581-022-2225 Emergency Plans and Safety Programs; and (E) Procedures for staff hiring and evaluation that require: (i) The careful checking of personal and professional references for all potential employees; (ii) Criminal background checks in compliance with ORS 181.539, 326.603, 326.607 and 342.232 for all potential employees and evidence that these have been completed; and (iii) A regular schedule of staff evaluations of the competencies of all employees to work with children. (b) The application for initial approval must also include the following: (A) Documentation that the private preschool has in effect commercial general liability insurance with policy limits of at least $500,000 per school site. (i) The private preschool must provide the Department with the name of the insurance company, the number of the insurance policy, the policy limits covered by the policy, and the effective term of the policy. (ii) If policy will expire during the approval year, the private school must submit documentation to the Department before the expiration date to maintain approval status. (B) The private school's policy of nondiscrimination. (c) The application for initial approval must include assurances that the private preschool: (A) Has at least one individual who is qualified to provide EI/ECSE and meets the requirements of OAR 581-015-2725(2) and (3); (B) Uses curriculum content, teaching practices and equipment that do not violate the constitutional prohibition on religious entanglement; (C) Implements each child's IFSP in accordance with the private preschool's written agreement with the EI/ECSE contractor or subcontractor responsible for the child's placement; (D) Maintains the confidentiality of student records consistent with state and federal laws relating to student records; (E) Notifies the Department and the contracting EI/ECSE contractor or subcontractor of any written complaint it receives for the EI/ECSE programs and services being provided; (F) Notifies the contracting EI/ECSE contractor or subcontractor of the need for any change in a child's educational program and does not make changes in a child's IFSP, program, services, or placement, unless the contracting EI/ECSE contractor or subcontractor consents to the changes; (G) Initiates and convenes the IFSP only when this assistance is requested by a written agreement with the contracting EI/ECSE contractor or subcontractor in accordance with OAR 581-015-2265; (H) Evaluates a child only when this assistance is requested by a written agreement with the contracting EI/ECSE contractor or subcontractor; and (I) Provides the opportunity for a child to participate in the Early Childhood assessment if this assistance is requested by a written agreement with the contracting EI/ECSE contractor or subcontractor. (d) A current Certificate of Approval may be submitted in place of the requirements in subsection (3)(a). (4) Renewal: The annual application for renewal of approval must include: (a) Documentation that the private preschool: (A) Meets the requirements in subsection (3)(a)(A) and (C); (B) If remodeled since the previous approval, meets the requirement in (3)(a)(B); and (C) Has insurance in effect in accordance with subsection (3)(b)(A); (b) Assurances that the private preschool meets the requirements in subsections (3)(a)(D)–(E), (3)(b)(B)–(C), and (3)(c). (c) A current Certificate of Approval may be submitted in place of requirements in subsection (4)(a)(A)–(B).