1. (1) Children and families who meet the following criteria are determined eligible for the Preschool Promise Program:

   1. (a) Family income is at or below 200 percent of the Federal Poverty Level in effect at the time eligibility is determined.

      1. (A) To verify family income at the time eligibility is being determined, eligibility staff must calculate total gross income using all applicable sources of income available from within the previous 12 months.
      2. (B) Sources of income include tax forms, pay stubs, or other proof of income to determine the family income within the last 12 months. If paystubs are provided as a source of available income, the family must provide, at a minimum, the three most recent consecutive paystubs at the time of application.
      3. (C) Eligibility staff may make an adjustment to a family’s gross income calculation for the purposes of determining eligibility to account for excessive housing costs, as described in this rule. If a family spends more than 30 percent of their total gross income on housing costs, as defined in OAR 414-470-0005, then the calculated gross family income may be reduced by the amount spent on housing costs that exceeds 30 percent of the gross family income. Eligibility staff may use available bills, bank statements, and other relevant documentation provided by the family to calculate total annual housing costs with appropriate multipliers.
      4. (D) If the family cannot provide tax forms, pay stubs, or other proof of income for the relevant time period, eligibility staff may accept written statements from employers, including individuals who are self-employed, for the relevant time period and use information provided to calculate total annual income with appropriate multipliers.
      5. (E) If the family reports no income for the relevant time period, eligibility staff may accept the family’s signed declaration to that effect, if eligibility staff describes efforts made to verify the family’s income, and explains how the family’s total income was calculated or seeks information from third parties about the family’s eligibility if the family gives written consent.
      6. (F) If the family can demonstrate a significant and persistent change in income for the relevant time period, eligibility staff may calculate gross family income using all applicable sources of income available from within the previous three months.
   2. (b) Children must be at least three years of age but not older than five years of age, as determined by the date used to determine kindergarten eligibility.

2. (2) Notwithstanding (1) (a):

   1. (a) A child from a family over the 200% poverty level living in a determined geographic area with low access to care.
   2. (b) A “Foster Child” as defined in ORS 418.200 is eligible for the Preschool Promise Program.

Statutory/Other Authority

ORS 326.425(7)

Statutes/Other Implemented

ORS 329.172

History

DELC 10-2026, amend filed 06/29/2026, effective 08/01/2026
DELC 1-2026, temporary amend filed 02/25/2026, effective 03/01/2026 through 08/23/2026
ELD 5-2020, amend filed 01/30/2020, effective 01/30/2020
ODE 151-2019, renumbered from 581-019-0038, filed 12/09/2019, effective 12/09/2019
ODE 121-2019, minor correction filed 09/09/2019, effective 09/09/2019
ODE 32-2016, f. & cert. ef. 5-3-16