Child Care

ORS 329A.255
Preschool recorded program

  • criminal background check required
  • fee
  • rules
  • civil penalty


A person operating a preschool recorded program may not operate the program without performing criminal background checks for all staff and volunteers and becoming recorded with the Office of Child Care as provided in this section.


To obtain recording, the person must apply to the office by submitting a completed record application form and a nonrefundable fee as established by the office. The office shall determine and apply the fee through rules adopted by the Early Learning Council under ORS 329A.275 (Rules). The office shall deposit fees received under this subsection as provided in ORS 329A.310 (Application) (2).


The office shall issue a record to a person operating a preschool recorded program if the office determines that the applicant meets the requirements of ORS 329A.250 (Definitions for ORS 329A) to 329A.450 (Assistance to staff of facility) and the rules adopted pursuant to ORS 329A.250 (Definitions for ORS 329A) to 329A.450 (Assistance to staff of facility) and subsection (9) of this section.


Unless the record is revoked as provided in subsection (8) of this section, the record is valid for a period of two years from the date of issuance.


A record authorizes operation of the preschool recorded program only on the premises described in the record and only by the person named in the record.


The office shall create and maintain a database of preschool recorded programs recorded under this section and shall update the database annually. The database shall include, but need not be limited to, the following information:


Name and address of the program;


Name of operator; and


Significant program information, as determined by the Early Learning Council by rule.


A preschool recorded program recorded under this section must post, and provide parents with, a notice that the preschool recorded program is not certified under ORS 329A.280 (When certification required) or registered under ORS 329A.330 (Registration requirements).


An initial application or renewal application for recording of a preschool recorded program may be denied, revoked or suspended, if the office finds:


That the program or its operation does not comply with ORS 329A.250 (Definitions for ORS 329A) to 329A.450 (Assistance to staff of facility), with applicable rules and with any term or condition imposed under the record; or


That investigation of the program or its records authorized by ORS 329A.390 (Inspection) has not been permitted.


The Early Learning Council shall adopt any rules necessary to carry out the provisions of this section.


A person who violates any provision of this section or any term or condition of a record is subject to a civil penalty not to exceed $100. [Formerly 657A.255; 2019 c.187 §9]


Last accessed
May 30, 2023