Early Childhood Suspension & Expulsion Program

Draft Rule Language Feedback Form

Thanks for sharing your feedback with the Early Learning Division! Please share your questions about or ideas for the draft rule language in the fields below, including any perspectives that feel missing from the rule. Providing your contact information is not required, but helpful in any follow-up we may provide. Please send any questions to Remy Watts, ELD Rule Coordinator (971-701-1535).


“Suspension” means an early care and education provider temporarily removing a young child from the early care and education environment in response to behavior, through In-Program Suspension or Out-of-Program Suspension.

a) In-Program Suspension includes, but is not limited to, temporarily removing a child from the classroom or group setting by sending the child to a different location within the program or building in response to behavior.

b) Out-of-Program Suspension includes, but is not limited to, sending a child home from school, prohibiting them from returning to the program for 1 or more days, or otherwise reducing the hours the child spends per week in the program in response to behavior.


“Expulsion” means an early care and education provider permanently dismissing a young child from the early care and education program due to behavior.


“Soft Expulsion” means a parent/family withdraws a child from an early care and education program in response to, or as a result of, special requirements or limitations imposed by the early care and education provider in response to the child’s behavior, such as reducing the number of hours a child may attend, requiring a parent/caregiver to attend with the child, or other limitations which result in the program no longer meeting the needs of the parent/family.


“Exclusionary practices” means any action taken by an early care and education program that limits the enrollment, participation, or attendance of a child due to the child’s disability, specialized needs, or behavior.


“Infant and Early Childhood Mental Health Consultation (IECMHC)” means a prevention-based approach that pairs a mental health consultant with adults who work with infants and young children in the different settings where they learn and grow, such as child­care, preschool, home visiting, and early intervention. It employs a culturally responsive and trauma-informed lens and in­volves providing training and coaching to child care and early care and education providers that helps promote healthy social-emo­tional development, and which builds on child, family and provid­er strengths to ensure inclusive, supportive care for all children.


“Technical Assistance Provider” means a person or entity who provides training, consultation, coaching, or other professional development supports to early care and education programs and providers. A technical assistance provider may be employed by a culturally specific organization, a Child Care Resource and Referral agency, an EI/ECSE program, another State or local agency, or may be an independent contractor.


“Culturally responsive” means a person, policy or approach that recognizes, respects, and is relevant to, the beliefs, practices, culture and linguistic needs of diverse populations and communities whose members identify as having particular cultural or linguistic affiliations by virtue of their place of birth, ancestry or ethnic origin, religion, gender or gender identity, preferred language, language spoken at home, or any other identity or characteristic. Cultural responsiveness describes the capacity to respond to the specific needs of diverse communities at the individual, professional, organizational, and systemic levels.


“Culturally Specific means a program, intervention, or service that is designed by, adapted for, and provided by members of the community served, reflecting the values, beliefs, practices, and worldviews of the community served; and in the preferred language of the community served.”


“Anti-racist” means a person, policy or system whose actions and beliefs actively counteract political, social, educational, economic, and other policies and practices that place worth on the behaviors and values of dominant racial groups.


“Inclusion” means the values, policies, and practices that create opportunities for all young children and their families, regardless of race, appearance, language, ability, gender or gender identity, or any other identity or intersectionality, to participate in a broad range of activities and be supported to engage as full members of families, communities, and society. The desired result of inclusion is that all children and their families feel a sense of belonging and membership, develop positive social relationships and friendships, and experience learning that engages the individual child’s development. The defining features of inclusion that can be used to identify high quality early childhood programs and services are access, participation, and supports.


“Inclusive practices” means the strategies and practices that are implemented to intentionally and authentically promote the inclusion of all young children and their families "inclusive" of race, appearance, language, ability, intersectionality, or any other identity "markers".


“Positive racial identity development” means that young children are aware of and experience positive feelings about their racial identity, including feeling good about their family or ethnic heritage, physical appearance, cultural affiliation, and personal experiences.


“Anti-bias education” means intentional teaching and learning activities designed to increase understanding of differences and their value to society and to actively challenge bias, stereotyping and all forms of discrimination. It incorporates curriculum that reflects diverse experiences and perspectives, instructional methods that advance all children’s learning, and strategies to create and sustain safe, inclusive and respectful learning communities.


“Anti-bias practices” means providing services in a manner that actively prevents and opposes the unfair treatment of people based on, but not limited to, race, ethnicity, language, sex, gender, socioeconomic status, disability, immigration status, intersectionality.


“Implicit bias” means the unconscious internal processes resulting in feelings and attitudes about people based on race, age, appearance, disability, gender, or any other identity or intersectionality. These feelings and beliefs are expressed automatically, without conscious awareness, and have an impact on other people and groups of people.


"Early Care and Education Provider” means any of the following entities and their employees:

a) All registered and certified family and center-based child care types described in ORS 329A.600;

b) Any program receiving public funding for early childhood care and education services;

c) Preschool Promise Providers;

d) Oregon Prenatal to Kindergarten Providers;

e) Baby Promise Programs; and

f) Relief Nurseries.

"(1) The purposes of the Early Childhood Suspension and Expulsion Prevention Program are to reduce the use of suspension, expulsion, and other forms of exclusionary practices in early childhood care and education programs; and to reduce disparities in the use of suspension, expulsion, and other forms of exclusionary practices in early childhood care and education programs based on, but not limited to, race, ethnicity, language, ability or gender, by:


a) Providing and enhancing professional development of the early childhood education workforce with a focus on ensuring early childhood educators have the knowledge and skills to support children’s social, emotional, and positive racial identity development through the use of anti-bias, culturally-responsive, and inclusive practices in the early education environment;


b) Ensuring that all Regional Service and Technical Assistance Providers have the knowledge and skills to offer supports that include, but are not limited to, training, coaching, technical assistance, and consultation to early care and education providers and programs to implement foundational anti-bias, culturally responsive, and inclusive practices to ensure the stability of children’s placements within the early education environment;


c) Developing and implementing culturally-responsive, trauma-informed Infant and Early Childhood Mental Health Consultation services to support early care and education providers and programs to effectively meet the needs of all children;


d) Providing a coordinated system for early care and education programs across the state to seek support, technical assistance and/or IECMH consultation services in maintaining the placement of specific children who present with persistent challenging behaviors."

(1) The Early Learning Division will administer a program that provides funding to eligible entities to serve as Regional Service Providers.


(2) The following types of entities may apply to the Early Learning Division to be a regional service provider as described in 414-580-0010(1):

(a) Child Care Resource & Referral Agencies;

(b) Community-based organizations;

(c) Community mental health organizations;

(d) Coordinated Care Organizations;

(e) Culturally specific organizations;

(f) Disability-specific organizations;

(g) Early Learning Hubs;

(h) EI/ECSE Contractors;

(i) Federally recognized Oregon Tribal Nations;

(j) Relief Nurseries; and

(k) Other Health Care Organizations.


(3) To be eligible to become a Regional Service Providers, an entity must be able to:

(a) Demonstrate evidence of their commitment to equity and culturally responsive practice;

(b) Ensure that IECMH consultation services are accessible to populations most disproportionately impacted by suspension and expulsion; and

(c) Demonstrate the ability to collaborate with and coordinate services with other Technical Assistance providers to determine which person or program is best suited to respond to the request for services from an Early Care and Education Provider."

“Regional Service Provider” means an entity that provides IECMHC services to Early Care and Education Providers and coordinates IECMHC services with other early childhood technical assistance providers, to promote early care and education provider access to resources, training and other technical assistance opportunities.


Eligibility to Become a Regional Service Provider

(1) The Early Learning Division will administer a program that provides funding to eligible

entities to serve as regional service providers.

(2) The following types of entities may apply to the Early Learning Division to be a regional service provider as described in 414-580-0010(1):

(a) Child Care Resource & Referral Agencies;

(b) Early Learning Hubs;

(c) Relief Nurseries;

(d) Community-based organizations;

(e) Culturally specific organizations;

(f) Federally recognized Oregon Tribal Nations;

(g) Community mental health organizations;

(h) Coordinated Care Organizations; and

(i) Other Health Care Organizations.

(3) To be eligible to become a Regional Service Providers, an entity must be able to:

(a) Demonstrate evidence of their commitment to equity and culturally responsive practice;

(b) Ensure that IECMH consultation services are accessible to populations most disproportionately impacted by suspension and expulsion; and

(c) Demonstrate the ability to collaborate with and coordinate services with other Technical Assistance providers to determine which person or program is best suited to respond to the request for services from an Early Care and Education Provider.


(1) Early Care and Education Providers are required to request services from the Early Childhood Suspension and Expulsion Program:

a) When a provider or family identifies that a Young Child’s behavior or other needs have the potential to result in a future suspension or expulsion;

b) Before a provider may suspend a Young Child; and

c) Before a provider may expel a Young Child.


(2) After initiating a request for services, and before suspending or expelling a child, Early Care and Education Providers are required to:

a) Engage in the IECMH consultation or other technical assistance services that are offered; and

b) Demonstrate a good faith effort to implement the services and strategies identified through collaboration with IECMH consultants and technical assistance providers.


(3) A provider may not engage in exclusionary practices.

(1) The Early Learning Division shall equitably distribute funds for Regional Service Providers across the state.

(1) Upon request by the Division, any Early Care and Education providers receiving technical assistance from Regional Service Providers must make available to the Division information and data that the Division determines is necessary to monitor and evaluate the Early Childhood Suspension and Expulsion Prevention program.


(2) Regional Service Providers must cooperate and participate in the Division’s program monitoring, program evaluations, and reporting requirements.