1. (1) Each Hub must have a Governance Council. The Governance Council is a multisector council with decision-making authority, as defined in this rule. The Governance Council is the independent body responsible for providing strategic leadership and oversight for the Early Learning Hub and ensures the Hub’s priorities are executed successfully, with an emphasis on outcomes and continuous improvement. The Governance Council, which includes the Hub Director helps shape the vision and direction of the Early Learning Hub. If the Hub utilizes a backbone entity for operational and organizational support, the Hub must do so as defined in OAR 414-900-0100.

   1. (a) The Hub Director(s) is a member of the Governance Council and plays a vital role as a liaison.

   2. (b) Unless an exception is granted by the Department, a backbone entity may designate one representative to serve on the Governance Council.

      1. (A) Representatives of the backbone entity who hold leadership roles such as those who have authority to oversee Hub operations, direct strategic decisions, or influence staffing may provide guidance or consultation but may not serve as members of the Governance Council.
      2. (B) For purposes of Governance Council membership, the Hub Director does not fulfill the role of the backbone entity’s designated representative.

   3. (c) Governance Councils must engage in good-faith efforts to include representatives from the following sectors:

      1. (A) Health;
      2. (B) Early learning and care,;
      3. (C) Public education;
      4. (D) Human services;
      5. (E) Housing;
      6. (F) Higher education and workforce development; and
      7. (G) Business.
   4. (d) Governance Councils must include representatives from the priority population(s) determined by the Governance Council.
   5. (e) Governance Councils must include parent or caregiver representative(s).
   6. (f) For Grantees with a federally recognized Tribe (or Tribes) within their assigned region, a Governance Council position must be made available for a member of each Tribe in the region. Hubs must regularly offer each Tribe the opportunity for participation in the case of a vacant position for the Tribe.
   7. (g) If the Governance Council is unable to include representatives from all sectors and member categories for Governance Council membership as listed in this subsection, the Hub Director(s) must contact the Department for support.
   8. (h) The Governance Council must include at a minimum a chair who will be responsible for duties as outlined in the Grant Agreement. The chair must be an individual who is not employed by or associated with the backbone entity.

2. (2) The Governance Council shall be governed by a set of bylaws or other governing documents as described above.

   1. (a) The Governance Council must develop and adopt bylaws or other governing documents as described herein within 90 days of its establishment or restructuring. If the Governance Council wishes to adopt governing documents other than bylaws, such as a charter or memorandum of understanding, the chair must first submit the proposed other governing documents and request written approval from the Department. The Department must respond whether the governing documents are accepted within 30 days of receipt of the chair’s request.

   2. (b) The bylaws or other governing documents must include, but are not limited to:

      1. (A) A clear statement of the Governance Council’s purpose and authority including approving strategic plans, budgets, and funding priorities;
      2. (B) Membership composition, including sector representation requirements, term limits, leadership structure if applicable, and appointment or election procedures;
      3. (C) Roles and responsibilities of officers, committees, and members;
      4. (D) Procedures for conducting meetings, including frequency, quorum requirements, decision-making processes, and conflict resolution methods;
      5. (E) A conflict of interest policy, including provisions for identifying, disclosing, and addressing potential conflicts;
      6. (F) Policies for public engagement and transparency, including mechanisms for community member engagement and dissemination of Council decisions;
      7. (G) A process for amending the bylaws or other governing documents;
      8. (H) Procedures for conflict mediation and resolution with the backbone entity; and
      9. (I) Procedures for dissolution or transition of the Council, if necessary.
3. (3) Meeting minutes from Governance Council meetings must be made available to the public on a website regularly maintained by the Hub.

4. (4) The Governance Council must, in accordance with the procedures in its bylaws or other governing documents and following a vote, notify the Department through the Early Learning Hub Contract Administrator if it has lost confidence in the backbone entity’s or Hub personnel’s ability to perform any or all functions in accordance with these rules.

   1. (a) All notifications to the Department must specify the basis for the lack of confidence and may also recommend desired changes to address or remedy the lack of confidence.
   2. (b) If the Governance Council has lost confidence in specific personnel in the backbone entity or in the Hub, the Governance Council’s notification must identify the specific personnel and describe the events resulting in the lack of confidence.
   3. (c) If the Governance Council desires to change the backbone entity for the Hub, the Governance Council must contact the Early Learning Hub Contract Administrator(s) for assistance and support in addressing the lack of confidence.
   4. (d) The Hub Contract Administrator will work with the backbone entity to discuss potential remedies, which shall be presented to the Governance Council for consideration.
   5. (e) If after good faith efforts made by all parties, remedies cannot be found or are unsuccessful to address the lack of confidence, the Department may terminate the grant agreement with the current backbone entity.

Statutory/Other Authority

ORS 417.728 & ORS 417.827

Statutes/Other Implemented

ORS 417.728 & ORS 417.827

History

DELC 6-2025, adopt filed 06/25/2025, effective 10/01/2025