(1)(a) In accordance with rules of the State Board of Education adopted in consultation with the Early Learning Council, the Superintendent of Public Instruction shall collaborate with the Early Learning System Director to develop and administer a statewide, comprehensive, coordinated, multidisciplinary, interagency program of early childhood special education and early intervention services for children with a disability. (b) The program must ensure that each child with a disability has access to a comprehensive plan for communication that allows the child, by the age of three years, to engage in expressive and receptive communication across all learning, home and community settings. The plan may allow for communication orally, by sign language, by assistive technology or by augmentative communication. (2) In accordance with rules of the State Board of Education adopted in consultation with the Early Learning Council, the Superintendent of Public Instruction in collaboration with the Early Learning System Director may: (a) Establish and designate service areas throughout the state for the delivery of early childhood special education and early intervention services that shall meet state and federal guidelines and be delivered to all eligible children. (b) Designate in each service area a primary contractor that shall be responsible for the administration and coordination of early childhood special education and early intervention services to all eligible children and their families residing in the service area. (3) Early childhood special education and early intervention services shall coordinate services with other services provided through the Oregon Early Learning System. The coordination of services shall be consistent with federal and state law. (4) Children with a disability shall be considered residents of the service area where the children are currently living, including children living in public or private residential programs, hospitals and similar facilities. (5) In addition to any other remedy or sanction that may be available, the Superintendent of Public Instruction may withhold funds and terminate the contract of any contractor that fails to comply with any provisions of the contract. Note: Sections 1 and 2, chapter 77, Oregon Laws 2025, provide: Sec. 1. Advisory committee for the modernization of service levels for early intervention and early childhood special education. (1) The Department of Education shall establish an advisory committee to study and develop recommendations to modernize the adequate service levels for early intervention and early childhood special education in this state. (2) In developing recommendations under subsection (1) of this section, the advisory committee shall consider: (a) The latest research on recommended levels and types of services that are effective for children with disabilities or developmental delay. (b) The experience of families with individualized family service plans. (c) The experience of families working with providers of early intervention and early childhood special education services. (3) The department shall, to the extent practical and at a minimum, appoint members to the advisory committee as follows: (a) One member who is an educator employed in an early intervention and early childhood special education program. (b) One member who is a therapist employed in an early intervention and early childhood special education program. (c) One member with a child who is enrolled in an early intervention and early childhood special education program. (d) One member with expertise in budgeting for an early intervention and early childhood special education program. (e) Members from policy organizations with expertise related to early intervention and early childhood special education, K-12 education or early learning systems. (f) One member who is a representative of the Department of Early Learning and Care with expertise in the preschool and child care systems in Oregon. (4) The advisory committee shall submit the recommendations described in subsection (1) of this section as a report in the manner provided by ORS 192.245, and may include recommendations for legislation, to the interim committees of the Legislative Assembly related to education no later than September 15, 2026. Sec. 2. Section 1 of this 2025 Act is repealed on January 2, 2027.
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