RoundUp The Brief

The RoundUp Brief/Oregon

Oregon

Oregon's new suspension and expulsion rules: what every certified center needs by now

Since September 1, every certified center needs a written prevention policy, and the rules spell out what to document, who to call, and how fast, the first time a child's behavior starts pushing toward expulsion.

Oregon's law against suspending and expelling young children from child care, SB 236 (2021), took effect in July 2026.1 The Department of Early Learning and Care's permanent rules for how programs comply took effect September 1, 2026, and they apply to certified centers, certified and registered family child care homes, and outdoor nature-based programs.2

If your center has never formally expelled a child, it's tempting to file this under "doesn't apply to us." It does. Every certified center now needs a written policy, and the rules spell out exactly what to do the first time a child's behavior starts pushing toward "we can't keep them."

This summary follows the rule text for certified centers, OAR 414-305-0750. It isn't legal advice.3

Who counts as a "young child"

The rules protect children from six weeks old until they're eligible for kindergarten on or before the first day of the current school year.3 If you also serve school-age children, this rule covers your infant, toddler and preschool rooms.

1. You need a written prevention policy

Every certified center must write and follow a suspension and expulsion prevention policy. It has to be consistent with your behavior and guidance policy, and it must say:3

The policy joins the list of policies you share with families and staff, and must be available to view at the center.23

2. When a child is "facing potential expulsion"

The rules define it by what's already happened, not by a decision you've made. Signs include using the strategies in your behavior and guidance policy without the behavior improving, using a temporary safety-based intervention, or physically restraining the child more than once.3 At that point the center must:

  1. Document the behavior Record the challenging behaviors and any known triggers, such as particular activities, times of day, or transitions.
  2. Document what you've tried Record the strategies and supports you've used and how well they worked.
  3. Request services from Every Child Belongs Requests go through everychildbelongs.org.1
  4. Tell the family at the same time Contact the family to start solving the problem together, and agree how often and how you'll keep in touch. If you can't reach them, try other ways and document each attempt.

3. Temporary safety-based interventions

The rules don't require a center to keep a child in care while their behavior puts people in danger. A center may temporarily remove a young child when the behavior is a serious safety threat, meaning it endangers the child's or others' physical safety and can't be reduced with the center's existing strategies.3 There are conditions:

4. Physical restraint

Existing restraint rules still apply: restraint only when safety is threatened, as gently and briefly as possible, reported and documented. What's new is that if a young child is restrained more than once, the center must contact Every Child Belongs by 5:00 pm the next business day, if it hasn't already.3

Notify parents immediately

Behavior that requires a temporary safety-based intervention is now on the list of events a center must immediately tell parents about (or an emergency contact, if a parent can't be reached) and document, alongside injuries and physical restraint.3 It can't wait until pickup.

What to do this month

  • Write your suspension and expulsion prevention policy, add it to your family handbook and staff policies, and keep a copy on site.
  • Name the person staff go to when a child's behavior is escalating, and put it in writing.
  • Train lead teachers to document behavior and triggers as they happen, not from memory at the end of the week.
  • Bookmark everychildbelongs.org, and make sure directors know the next-business-day deadlines for ECB and the Child Care Licensing Division.

In RoundUp, dated incident records and messages to families give you the written trail these rules ask for. See Incidents and accidents.

Sources

  1. Oregon Department of Early Learning and Care. Every Child Belongs.
  2. Oregon Department of Early Learning and Care. Rulemaking: Suspension and Expulsion Prevention (permanent rules, effective September 1, 2026).
  3. Oregon Department of Early Learning and Care. Rules for Certified Child Care Centers (CCLD-0084), Sept. 2026 edition. OAR 414-305-0100 (definitions), 414-305-0200, 414-305-0270, 414-305-0720, 414-305-0750.

Sources last read September 16, 2026. Not legal advice. Your licensing specialist can answer questions about your situation.

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