Attachment A - RFA EIECSE Sample Grant.pdf

ODE GRANT #[XXXXX] – EI/ECSE Providers 2025-27

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ATTACHMENT A – SAMPLE GRANT

STATE OF OREGON

GRANT AGREEMENT

Grant No. [XXXXX] This Grant Agreement (“Grant”) is between the State of Oregon acting by and through its Department of Education (“Agency”) and [Grantee Name] (“Grantee”), each a “Party” and, together, the “Parties”.

AUTHORITY

Pursuant to Oregon Revised Statute (ORS) 190.110, ORS 327.023 (6)(7), ORS 327.274 (1)(a), the Individuals with Disabilities Act (IDEA) at 20 USC § 1400 et seq., 34 CFR § 300.227 (a) and 34 CFR § 303.501, Agency is authorized to enter into a grant agreement and provide funding for the purposes described in this Grant.

PURPOSE

The Grantee will provide Early Intervention (EI) and Early Childhood Special Education (ECSE) programs, collectively referred to as “EI/ECSE”, either directly or through its contractors. These programs, as described in ORS 343.455 to 343.534, will offer special education services to children with disabilities from birth to age of eligibility into Kindergarten.

EFFECTIVE DATE AND DURATION

When all Parties have executed this Grant, and all necessary approvals have been obtained (“Executed Date”), this Grant is effective and has a Grant funding start date as of July 1, 2025 (“Effective Date”), and, unless extended or terminated earlier in accordance with its terms, will expire on June 30, 2027.

GRANT MANAGERS

4.1 Agency’s Grant Manager is:

Kara Williams Office of Enhancing Student Opportunities 255 Capitol St NE Salem, OR 97310-0203 kara.williams@ode.oregon.gov mailto:kara.williams@ode.oregon.gov

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4.2 Grantee’s Grant Manager is:

[NAME]

[ADDRESS]

Phone: [###-###-####]

[EMAIL]

4.3 A Party may designate a new Grant Manager by written notice to the other Party.

PROGRAM ACTIVITIES

Grantee must perform the program activities set forth in Exhibit A (the “Program”), attached hereto and incorporated in this Grant by this reference, for the period beginning on the Effective Date and ending on the expiration date set forth in Section 3 (the “Performance Period”).

GRANT FUNDS

In accordance with the terms and conditions of this Grant, Agency will provide Grantee up to $[XXXXX] (“Grant Funds”) for the Program. Agency will pay the Grant Funds from monies available through its State grants in aid for Special Education Programs (GF), Student Success Act: Early Learning Account (SSA), IDEA Part B 611 and IDEA Part B 619, and IDEA Part C (the “Funding Source”).

DISBURSEMENT GENERALLY

7.1 Disbursement.

7.1.1 Subject to the availability of sufficient moneys in and from the Funding Source based on Agency’s reasonable projections of moneys accruing to the Funding Source, Agency will disburse Grant Funds to Grantee for the allowable Program activities described in Exhibit A that are undertaken during the Performance Period.

7.1.2 Grantee must provide to Agency any information or detail regarding the expenditure of Grant Funds required under Exhibit A prior to disbursement or as Agency may request.

7.1.3 Agency will only disburse Grant Funds to Grantee for activities completed or materials produced, that, if required by Exhibit A, are approved by Agency. If Agency determines any completed Program activities or materials produced are not acceptable and any deficiencies are the responsibility of Grantee, Agency will prepare a detailed written description of the deficiencies within 15 days of receipt of the materials or performance of the activity and will deliver such notice to Grantee. Grantee must correct any deficiencies at no additional cost to Agency within 15 days. Grantee may resubmit a request for disbursement that includes evidence satisfactory to Agency demonstrating deficiencies were corrected.

7.2 Conditions Precedent to Disbursement. Agency’s obligation to disburse Grant Funds to Grantee under this Grant is subject to satisfaction of each of the following conditions precedent:

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7.2.1 Agency has received sufficient funding, appropriations, expenditure limitation, allotments or other necessary expenditure authorizations to allow Agency, in the exercise of its reasonable administrative discretion, to make the disbursement from the Funding Source;

7.2.2 No default as described in Section 15 has occurred; and

7.2.3 Grantee’s representations and warranties set forth in Section 8 are true and correct on the date of disbursement(s) with the same effect as though made on the date of disbursement.

7.3 No Duplicate Payment. Grantee may use other funds in addition to the Grant Funds to complete the Program; provided, however, the Grantee may not credit or pay any Grant Funds for Program costs that are paid for with other funds and would result in duplicate funding.

7.4 Suspension of Funding and Program. Agency may by written notice to Grantee, temporarily cease funding and require Grantee to stop all, or any part, of the Program dependent upon Grant Funds for a period of up to 180 days after the date of the notice, if Agency has or reasonably projects that it will have insufficient funds from the Funding Source to disburse the full amount of the Grant Funds. Upon receipt of the notice, Grantee must immediately cease all Program activities dependent on Grant Funds, or if that is impossible, must take all necessary steps to minimize the Program activities allocable to Grant Funds.

If Agency subsequently projects that it will have sufficient funds, Agency will notify Grantee that it may resume activities. If sufficient funds do not become available, Grantee and Agency will work together to amend this Grant to revise the amount of Grant Funds and Program activities to reflect the available funds. If sufficient funding does not become available or an amendment is not agreed to within a period of 180 days after issuance of the notice, Agency will either (i) cancel or modify its cessation order by a supplemental written notice or (ii) terminate this Grant as permitted by either the termination at Agency’s discretion or for cause provisions of this Grant.

REPRESENTATIONS AND WARRANTIES

8.1 Organization/Authority. Grantee represents and warrants to Agency that:

8.1.1 Grantee is a [insert type of entity: school district (SD) or education service district (ESD)] duly organized and validly existing;

8.1.2 Grantee has all necessary rights, powers and authority under any organizational documents and under Oregon Law to (i) execute this Grant, (ii) incur and perform its obligations under this Grant, and (iii) receive financing, including the Grant Funds, for the Program;

8.1.3 This Grant has been duly executed by Grantee and when executed by Agency, constitutes a legal, valid and binding obligation of Grantee enforceable in accordance with its terms;

8.1.4 If applicable and necessary, the execution and delivery of this Grant by Grantee has been authorized by an ordinance, order or resolution of its governing body, or voter approval, that was adopted in accordance with applicable law and requirements for filing public notices and holding public meetings; and

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8.1.5 There is no proceeding pending or threatened against Grantee before any court or governmental authority that if adversely determined would materially adversely affect the Program or the ability of Grantee to carry out the Program.

8.2 False Claims Act. Grantee acknowledges the Oregon False Claims Act, ORS 180.750 to 180.785, applies to any “claim” (as defined by ORS 180.750) made by (or caused by) Grantee that pertains to this Grant or to the Program. Grantee certifies that no claim described in the previous sentence is or will be a “false claim” (as defined by ORS 180.750) or an act prohibited by ORS 180.755.

Grantee further acknowledges in addition to the remedies under Section 16, if it makes (or causes to be made) a false claim or performs (or causes to be performed) an act prohibited under the Oregon False Claims Act, the Oregon Attorney General may enforce the liabilities and penalties provided by the Oregon False Claims Act against the Grantee.

8.3 No limitation. The representations and warranties set forth in this Section are in addition to, and not in lieu of, any other representations or warranties provided by Grantee.

OWNERSHIP

9.1 Intellectual Property Definitions. As used in this Section and elsewhere in this Grant, the following terms have the meanings set forth below:

“Third Party Intellectual Property” means any intellectual property owned by parties other than Grantee or Agency.

“Work Product” means every invention, discovery, work of authorship, trade secret or other tangible or intangible item Grantee is required to create or deliver as part of the Program, and all intellectual property rights therein.

9.2 Grantee Ownership. Grantee must deliver copies of all Work Product as directed in Exhibit A.

Grantee retains ownership of all Work Product, and grants Agency an irrevocable, non-exclusive, perpetual, royalty-free license to use, to reproduce, to prepare derivative works based upon, to distribute, to perform and to display the Work Product, to authorize others to do the same on Agency’s behalf, and to sublicense the Work Product to other entities without restriction.

9.3 Third Party Ownership. If the Work Product created by Grantee under this Grant is a derivative work based on Third Party Intellectual Property, or is a compilation that includes Third Party Intellectual Property, Grantee must secure an irrevocable, non-exclusive, perpetual, royalty-free license allowing Agency and other entities the same rights listed above for the pre-existing element of the Third party Intellectual Property employed in the Work Product. If state or federal law requires that Agency or Grantee grant to the United States a license to any intellectual property in the Work Product, or if state or federal law requires Agency or the United States to own the intellectual property in the Work Product, then Grantee must execute such further documents and instruments as Agency may reasonably request in order to make any such grant or to assign ownership in such intellectual property to the United States or Agency.

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CONFIDENTIAL INFORMATION

10.1 Confidential Information Definition. Grantee acknowledges it and its employees or agents may, in the course of performing its responsibilities, be exposed to or acquire information that is: (i) confidential to Agency or Program participants or (ii) the disclosure of which is restricted under federal or state law, including without limitation: (a) personal information, as that term is used in ORS 646A.602(12), (b) social security numbers, and (c) information protected by the federal Family Educational Rights and Privacy Act under 20 USC § 1232g (items (i) and (ii) separately and collectively “Confidential Information”).

10.2 Nondisclosure. Grantee agrees to hold Confidential Information as required by any applicable law and in all cases in strict confidence, using at least the same degree of care Grantee uses in maintaining the confidentiality of its own confidential information. Grantee may not copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties, or use Confidential Information except as is allowed by law and for the Program activities and Grantee must advise each of its employees and agents of these restrictions. Grantee must assist Agency in identifying and preventing any unauthorized use or disclosure of Confidential Information. Grantee must advise Agency immediately if Grantee learns or has reason to believe any Confidential Information has been, or may be, used or disclosed in violation of the restrictions in this Section. Grantee must, at its expense, cooperate with Agency in seeking injunctive or other equitable relief, in the name of Agency or Grantee, to stop or prevent any use or disclosure of Confidential Information. At Agency’s request, Grantee must return or destroy any Confidential Information. If Agency requests Grantee to destroy any Confidential Information, Grantee must provide Agency with written assurance indicating how, when and what information was destroyed.

10.3 Identity Protection Law. Grantee must have and maintain a formal written information security program that provides safeguards to protect Confidential Information from loss, theft, and disclosure to unauthorized persons, as required by the Oregon Consumer Information Protection Act, ORS 646A.600-646A.628. If Grantee or its agents discover or are notified of a potential or actual “Breach of Security”, as defined by ORS 646A.602(1)(a), or a failure to comply with the requirements of ORS 646A.600-628, (collectively, “Breach”) with respect to Confidential Information, Grantee must promptly but in any event within one calendar day (i) notify the Agency Grant Manager of such Breach and (ii) if the applicable Confidential Information was in the possession of Grantee or its agents at the time of such Breach, Grantee must (a) investigate and remedy the technical causes and technical effects of the Breach and (b) provide Agency with a written root cause analysis of the Breach and the specific steps Grantee will take to prevent the recurrence of the Breach or to ensure the potential Breach will not recur. For the avoidance of doubt, if Agency determines notice is required of any such Breach to any individual(s) or entity(ies), Agency will have sole control over the timing, content, and method of such notice, subject to Grantee’s obligations under applicable law.

10.4 Contracts. Grantee must require any contractors or subcontractors under this Grant who are exposed to or acquire Confidential Information to treat and maintain such information in the same manner as is required of Grantee under subsections 10.1 and 10.2 of this Section.

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10.5 Background Check. If requested by Agency and permitted by law, Grantee’s employees, agents, contractors, subcontractors, and volunteers that perform Program activities must agree to submit to a criminal background check prior to performance of any Program activities or receipt of Confidential Information. Background checks will be performed at Grantee’s expense. Based on the results of the background check, Grantee or Agency may refuse or limit (i) the participation of any Grantee employee, agent, contractor, or volunteer, in Program activities or (ii) access to Agency Personal Information or Grantee premises.

INDEMNITY/LIABILITY

11.1 Indemnity. Grantee must defend, save, hold harmless, and indemnify the State of Oregon and Agency and their officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature whatsoever, including attorneys’ fees, resulting from, arising out of, or relating to the activities of Grantee or its officers, employees, subgrantees, contractors, subcontractors, or agents under this Grant (each of the foregoing individually or collectively a “Claim” for purposes of this Section).

11.2 Defense. Grantee may have control of the defense and settlement of any Claim subject to this Section. But neither Grantee nor any attorney engaged by Grantee may defend the Claim in the name of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without first receiving from the Attorney General, in a form and manner determined appropriate by the Attorney General, authority to act as legal counsel for the State of Oregon. Nor may Grantee settle any Claim on behalf of the State of Oregon without the approval of the Attorney General. The State of Oregon may, at its election and expense, assume its own defense and settlement in the event the State of Oregon determines Grantee is prohibited from defending the State of Oregon, or is not adequately defending the State of Oregon’s interests, or an important governmental principle is at issue and the State of Oregon desires to assume its own defense.

Grantee may not use any Grant Funds to reimburse itself for the defense of or settlement of any Claim.

11.3 Limitation. Except as provided in this Section, neither Party will be liable for incidental, consequential, or other indirect damages arising out of or related to this Grant, regardless of whether the damages or other liability is based in contract, tort (including negligence), strict liability, product liability or otherwise. Neither Party will be liable for any damages of any sort arising solely from the termination of this Grant in accordance with its terms.

INSURANCE

12.1 Private Insurance. If Grantee is a private entity, or if any contractors, subcontractors, used to carry out the Program are private entities, Grantee and any private contractors, subcontractors or must obtain and maintain insurance covering Agency in the types and amounts indicated in Exhibit B.

12.2 Public Body Insurance. If Grantee is a “public body” as defined in ORS 30.260, Grantee agrees to insure any obligations that may arise for Grantee under this Grant, including any indemnity obligations, through (i) the purchase of insurance as indicated in Exhibit B or (ii) the use of self-insurance or assessments paid under ORS 30.282 that is substantially similar to the types and amounts of insurance coverage indicated on Exhibit B, or (iii) a combination of any or all of the foregoing.

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GOVERNING LAW, JURISDICTION

This Grant is governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively “Claim”) between Agency or any other agency or department of the State of Oregon, or both, and Grantee that arises from or relates to this Grant must be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon; provided, however, if a Claim must be brought in a federal forum, then it will be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event may this Section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or from the jurisdiction of any court. GRANTEE, BY

EXECUTION OF THIS GRANT, HEREBY CONSENTS TO THE PERSONAL JURISDICTION OF SUCH

COURTS.

ALTERNATIVE DISPUTE RESOLUTION

The Parties should attempt in good faith to resolve any dispute arising out of this Grant. This may be done at any management level, including at a level higher than persons directly responsible for administration of the Grant. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. Each Party will bear its own costs incurred for any mediation or non-binding arbitration.

DEFAULT

15.1 Grantee. Grantee will be in default under this Grant upon the occurrence of any of the following events:

15.1.1 Grantee fails to use the Grant Funds for the intended purpose described in Exhibit A or otherwise fails to perform, observe or discharge any of its covenants, agreements or obligations under this Grant;

15.1.2 Any representation, warranty or statement made by Grantee in this Grant or in any documents or reports relied upon by Agency to measure the Program, the expenditure of Grant Funds or the performance by Grantee is untrue in any material respect when made; or

15.1.3 A petition, proceeding or case is filed by or against Grantee under any federal or state bankruptcy, insolvency, receivership or other law relating to reorganization, liquidation, dissolution, winding-up or adjustment of debts; in the case of a petition filed against Grantee, Grantee acquiesces to such petition or such petition is not dismissed within 20 calendar days after such filing, or such dismissal is not final or is subject to appeal; or Grantee becomes insolvent or admits its inability to pay its debts as they become due, or Grantee makes an assignment for the benefit of its creditors.

15.2 Agency. Agency will be in default under this Grant if, after 15 days written notice specifying the nature of the default, Agency fails to perform, observe or discharge any of its covenants, agreements, or obligations under this Grant; provided, however, Agency will not be in default if Agency fails to disburse Grant Funds because there is insufficient expenditure authority for, or

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REMEDIES

16.1 Agency Remedies. In the event Grantee is in default under Section 15.1, Agency may, at its option, pursue any or all of the remedies available to it under this Grant and at law or in equity, including, but not limited to: (i) termination of this Grant under Section 18.2, (ii) reducing or withholding payment for Program activities or materials that are deficient or Grantee has failed to complete by any scheduled deadlines, (iii) requiring Grantee to complete, at Grantee’s expense, additional activities necessary to satisfy its obligations or meet performance standards under this Grant, (iv) initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, (v) exercise of its right of recovery of overpayments under Section 17 of this Grant or setoff, or both, or (vi) declaring Grantee ineligible for the receipt of future awards from Agency. These remedies are cumulative to the extent the remedies are not inconsistent, and Agency may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever.

16.2 Grantee Remedies. In the event Agency is in default under Section 15.2 and whether or not Grantee elects to terminate this Grant, Grantee’s sole monetary remedy will be, within any limits set forth in this Grant, reimbursement of Program activities completed and accepted by Agency and authorized expenses incurred, less any claims Agency has against Grantee. In no event will Agency be liable to Grantee for any expenses related to termination of this Grant or for anticipated profits.

WITHHOLDING FUNDS, RECOVERY

Agency may withhold from disbursements of Grant Funds due to Grantee, or Grantee must return to Agency within 30 days of Agency’s written demand:

17.1 Any Grant Funds paid to Grantee under this Grant, or payments made under any other agreement between Agency and Grantee, that exceed the amount to which Grantee is entitled;

17.2 Any Grant Funds received by Grantee that remain unexpended or contractually committed for payment of the Program at the end of the Performance Period;

17.3 Any Grant Funds determined by Agency to be spent for purposes other than allowable Program activities; or

17.4 Any Grant Funds requested by Grantee as payment for deficient activities or materials.

TERMINATION

18.1 Mutual. This Grant may be terminated at any time by mutual written consent of the Parties.

18.2 By Agency. Agency may terminate this Grant as follows:

18.2.1 At Agency’s discretion, upon 30 days advance written notice to Grantee;

18.2.2 Immediately upon written notice to Grantee, if Agency fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient in Agency’s

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18.2.3 Immediately upon written notice to Grantee, if federal or state laws, rules, regulations or guidelines are modified or interpreted in such a way that Agency’s performance under this Grant is prohibited or Agency is prohibited from funding the Grant from the Funding Source; or

18.2.4 Immediately upon written notice to Grantee, if Grantee is in default under this Grant and such default remains uncured 15 days after written notice thereof to Grantee.

18.3 By Grantee. Grantee may terminate this Grant as follows:

18.3.1 If Grantee is a governmental entity, immediately upon written notice to Agency, if Grantee fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to perform its obligations under this Grant.

18.3.2 If Grantee is a governmental entity, immediately upon written notice to Agency, if applicable laws, rules, regulations or guidelines are modified or interpreted in such a way that the Program activities contemplated under this Grant are prohibited by law or Grantee is prohibited from paying for the Program from the Grant Funds or other planned Program funding; or

18.3.3 Immediately upon written notice to Agency, if Agency is in default under this Grant and such default remains uncured 15 days after written notice thereof to Agency.

18.4 Cease Activities. Upon receiving a notice of termination of this Grant, Grantee must immediately cease all activities under this Grant, unless Agency expressly directs otherwise in such notice. Upon termination, Grantee must deliver to Agency all materials or other property that are or would be required to be provided to Agency under this Grant or that are needed to complete the Program activities that would have been performed by Grantee.

MISCELLANEOUS

19.1 Conflict of Interest. Grantee by signature to this Grant declares and certifies the award of this Grant and the Program activities to be funded by this Grant, create no potential or actual conflict of interest, as defined by ORS Chapter 244, for a director, officer or employee of Grantee.

19.2 Nonappropriation. Agency’s obligation to pay any amounts and otherwise perform its duties under this Grant is conditioned upon Agency receiving funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to meet its obligations under this Grant. Nothing in this Grant may be construed as permitting any violation of Article XI, Section 7 of the Oregon Constitution or any other law limiting the activities, liabilities or monetary obligations of Agency.

19.3 Amendments. The terms of this Grant may not be altered, modified, supplemented or otherwise amended, except by written agreement of the Parties.

19.4 Notice. Except as otherwise expressly provided in this Grant, any notices to be given under this Grant must be given in writing by email, personal delivery, or postage prepaid mail, to a Party’s Grant Manager at the physical address or email address set forth in this Grant, or to such other addresses as either Party may indicate pursuant to this Section. Any notice so addressed and mailed

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19.5 Survival. All rights and obligations of the Parties under this Grant will cease upon termination of this Grant, other than the rights and obligations arising under Sections 11, 13, 14, 16, 17 and subsection 19.5 hereof and those rights and obligations that by their express terms survive termination of this Grant; provided, however, termination of this Grant will not prejudice any rights or obligations accrued to the Parties under this Grant prior to termination.

19.6 Severability. The Parties agree if any term or provision of this Grant is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Grant did not contain the particular term or provision held to be invalid.

19.7 Counterparts. This Grant may be executed in several counterparts, all of which when taken together constitute one agreement, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of the Grant so executed constitutes an original.

19.8 Compliance with Law. In connection with their activities under this Grant, the Parties must comply with all applicable federal, state and local laws.

19.9 Intended Beneficiaries. Agency and Grantee are the only parties to this Grant and are the only parties entitled to enforce its terms. Nothing in this Grant provides, is intended to provide, or may be construed to provide any direct or indirect benefit or right to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of this Grant.

19.10 Assignment and Successors. Grantee may not assign or transfer its interest in this Grant without the prior written consent of Agency and any attempt by Grantee to assign or transfer its interest in this Grant without such consent will be void and of no force or effect. Agency’s consent to Grantee’s assignment or transfer of its interest in this Grant will not relieve Grantee of any of its duties or obligations under this Grant. The provisions of this Grant will be binding upon and inure to the benefit of the Parties hereto, and their respective successors and permitted assigns.

19.11 Contracts and Subgrants.

19.11.1 Contracts. Funds awarded under this Grant Agreement may be used to contract for goods or services, including Program activities. Grantee must obtain prior written approval from the Agency before entering into any contract with a contractor that is an ESD, SD, or public University. Agency’s consent to allow Grantee to contract with any contractors will not relieve Grantee of any of its duties or obligations under this Grant. Grantee shall require any contractors or subcontractors performing services, including Program activities, under this Grant to adhere to the same terms and conditions as Grantee is required to adhere to, to perform all Grant activities to the same standard that Grantee is required to perform, and to comply with all applicable laws, regulations, assurances and guidance. In every contract for goods that Grantee enters into, Grantee shall require each contractor to agree to adhere to all applicable laws and regulations.

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19.11.2 Funds awarded under this Grant Agreement may not be further subgranted.

19.12 Time of the Essence. Time is of the essence in Grantee’s performance of the Program activities under this Grant.

19.13 Records Maintenance and Access. Grantee must maintain all financial records relating to this Grant in accordance with generally accepted accounting principles. In addition, Grantee must maintain any other records, whether in paper, electronic or other form, pertinent to this Grant in such a manner as to clearly document Grantee’s performance. All financial records and other records, whether in paper, electronic or other form, that are pertinent to this Grant, are collectively referred to as “Records.” Grantee acknowledges and agrees Agency and the Oregon Secretary of State's Office and the federal government and their duly authorized representatives will have access to all Records to perform examinations and audits and make excerpts and transcripts.

Grantee must retain and keep accessible all Records for a minimum of six (6) years, or such longer period as may be required by applicable law, following termination of this Grant, or until the conclusion of any audit, controversy or litigation arising out of or related to this Grant, whichever date is later.

19.14 Headings. The headings and captions to sections of this Grant have been inserted for identification and reference purposes only and may not be used to construe the meaning or to interpret this Grant.

19.15 Grant Documents. This Grant consists of the following documents, which are incorporated by this reference and listed in descending order of precedence:

This Grant less all exhibits Exhibit C (Federal Terms and Conditions) Exhibit A (the “Program”)

• ATTACHMENT 1 TO EXHIBIT A; FUNDING, REIMBURSEMENT, DISBURSEMENT

• ATTACHMENT 2 TO EXHIBIT A; IDEA SUBGRANT PROGRAM ASSURANCES

Exhibit B (Insurance) Exhibit D (Federal Award Identification)

19.16 Merger, Waiver. This Grant and all exhibits and attachments, if any, constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Grant. No waiver or consent under this Grant binds either Party unless in writing and signed by both Parties.

Such waiver or consent, if made, is effective only in the specific instance and for the specific purpose given.

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SIGNATURES

EACH PARTY, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES

IT HAS READ THIS GRANT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND

CONDITIONS. The Parties further agree that by the exchange of this Grant electronically, each has agreed to the use of electronic means, if applicable, instead of the exchange of physical documents and manual signatures. By inserting an electronic or manual signature below, each authorized representative acknowledges that it is their signature, that each intends to execute this Grant, and that their electronic or manual signature should be given full force and effect to create a valid and legally binding agreement.

IN WITNESS WHEREOF, the Parties have executed this Grant as of the dates set forth below.

STATE OF OREGON acting by and through its Department of Education

By:

[Name, Title] Date

[Grantee Name]

Authorized Signature Date

Printed Name Title

Federal Tax ID Number

Approved for Legal Sufficiency in accordance with ORS 291.047

[Name, Title] Date

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EXHIBIT A

THE PROGRAM

SECTION I. BACKGROUND AND GOAL

The Agency oversees the Early Intervention (EI) and Early Childhood Special Education (ECSE) programs to establish and maintain a comprehensive and equitable EI/ECSE system, as mandated by the Individuals with Disabilities Act (IDEA) of 2004.

The vision, mission, and values of the EI/ECSE system are clearly defined by the Agency and are as follows:

Vision: All of Oregon’s families with infants, toddlers, and young children with disabilities are healthy, learning, and thriving in communities that embrace disability as a natural part of the human experience and are welcoming, equitable, and accessible.

Mission: The EI/ECSE System exists to partner with families and caregivers providing free, equitable, timely, and individualized Services that enhance learning and development through everyday opportunities for all infants, toddlers, and young children with disabilities.

Values:

• Disability is to be appreciated as a natural part of the human experience that makes our families and communities stronger.

• Families have the right to enter relationships with EI/ECSE professionals trusting their child will be welcomed, loved, and seen in all their human dignity, including their culture, race, and/or disability.

• All learning environments for young children and their families should be inclusive, culturally responsive, and identity affirming.

• Every child should learn and thrive together with their families, peers, friends, and neighbors.

• Children achieve their best self when nurtured by empowered families, providers, and communities.

• The EI/ECSE System is enhanced and strengthened through a network of professionals, parents, and community members.

All activities and expenditures must be aligned with the mission, vision, and values through a system of coordinated activities in designated regions across the state.

SECTION II. PROGRAM DEFINITIONS

Unless otherwise indicated in the provisions that follow, defined terms or abbreviated terms have those meanings set forth elsewhere in the Agreement, or in applicable statutes or regulations.

“ALN” means Assistance Listing Number.

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“Early Childhood Special Education” (ECSE) means special education and related Services provided to children with disabilities from the age of three to five (until they are eligible for public school). These Services can include specialized instruction, related services, other supports that address the child's developmental and educational needs, and support for the family in fostering their child's development.

“Early Intervention” (EI) means Services provided to infants and toddlers, from birth to age three, who have developmental delays or specific health conditions that may lead to developmental delays. These Services are designed to meet the developmental needs of the child and to support the family in fostering their child's development.

“Early Learning Hub” means one of 17 coordinating bodies in Oregon that pulls together resources focused on children and families in its defined Service Area.

“ecWEB” means Oregon’s statewide data management system for EI/ECSE. ecWeb is a web-based data collection application used statewide by Early Intervention/Early Childhood Special Education (EI/ECSE) programs for the maintenance of child and program information, for local program management and individual child and family Service coordination.

“General Supervision” means a system that enables the Agency to monitor whether the requirements of the Individuals with Disabilities Act (IDEA), Oregon Revised Statutes (ORS), and Oregon Administrative Rules (OAR) are being effectively implemented by school districts and programs in compliance with legal and regulatory requirements.

“Inclusion” means the values, policies, and practices that support the right of every infant and young child and his or her family, regardless of ability, to participate in a broad range of activities and contexts as full members of families, communities, and society. The desired results of inclusive experiences for children with and without disabilities and their families include a sense of belonging and membership, positive social relationships and friendships, and development and learning to reach their full potential.

The defining features of inclusion that can be used to identify high quality early childhood programs and Services are access, participation, and supports.

“Individuals with Disabilities Act (IDEA)” means federal legislation which ensures students with a disability are provided with a Free Appropriate Public Education that is tailored to their individual needs.

“Individualized Family Service Plan (IFSP)” means a written legal document that lays out Services a child with developmental delays needs to start catching up and outlines what families need to help their child with early intervention.

“Local Interagency Coordinating Council (LICC)” means local groups that ensure interagency coordination to support the ongoing development of quality statewide Services for young children with disabilities and their families. Councils advise and collaborate on local and individual levels to maximize each child's unique potential and ability to participate in society. The LICC is an opportunity for parents and professionals to work together positively for infants, toddlers, and preschool children who qualify for Special Education Services.

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“Services” means range of supports, interventions, and resources provided to students with disabilities and their families.

“Service Area” means the county or counties designated by the Agency that comprise the area where the Services are delivered.

SECTION III. IDEA SUBGRANT PROGRAM ASSURANCES

Grantee shall comply with all relevant federal, state, and local laws, regulations, ordinances, Executive Orders, administrative rules, and guidance, including but not limited to IDEA Part C and IDEA Part B 619, OAR Chapter 581, Division 15, and ORS 343.455 to 343.534. Grantee assures and certifies compliance with all regulation, policies, guidelines, and requirements as they relate to the acceptance and use of these IDEA Federal Funds for this EI/ECSE program. See ATTACHMENT 2 to EXHIBIT A.

SECTION IV. PROGRAMS, SERVICES and ACTIVITIES

Component 1: Governance. This component focuses on establishing legal foundations, administrative structures, leadership, and performance management for effective, equitable service delivery to all eligible children and their families.

Grantee shall:

1. Ensure there is an established and enforceable decision-making authority to effectively implement, perform, and provide EI and ECSE Services as mandated by federal IDEA Part C and IDEA Part B 619, specifically detailed in OAR Chapter 581, Division 15, ORS 343.455 to 343.534, and all other relevant federal, state, and local laws, regulations, ordinances, Executive Orders, administrative rules, and Agency requirements. This includes leveraging human and fiscal resources to ensure equitable access to Services for all eligible children and their families within the designated Service Area.

2. Ensure the required EI and ECSE programs are available for the counties within Service Area (Area

# ) as specified in the table below during the Performance Period.

EI/ECSE Service Area Counties served

Area 1 Baker, Umatilla, Grant, Union, Malheur, Wallowa, Morrow

Area 2 Crook, Deschutes, Gilliam, Harney, Sherman, Wheeler, Jefferson (includes the Confederated Tribes of Warm Springs)

Area 3 Douglas, Jackson, Josephine, Klamath, Lake Area 4 Benton, Coos, Curry, Lincoln, Linn Area 5 Marion, Polk, Yamhill Area 6 Hood River, Multnomah, Wasco Area 7 Lane Area 8 Clatsop, Columbia, Tillamook, Washington Area 9 Clackamas

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3. Submit an annual Grantee EI/ECSE Service Area Plan and County specific Service Area Plans for review and approval. The Agency will provide templates each calendar year.

a. Promptly Submit any required edits on the Service Area Plan, ensuring completion no later than 30 days from receipt of feedback from the Agency.

b. Post approved Service Area Plans on Grantee’s EI/ECSE webpage or online site within 30 days of approval to ensure transparency.

4. Employ or designate a Coordinator for this Agreement who shall:

a. Serve as the primary liaison between the Grantee and the Agency, facilitating communication and coordination on EI/ECSE matters.

b. Submit required reports as requested.

c. Attend meetings and other activities called by the Agency, representing the Grantee as designated staff.

d. Disseminate information and maintain communication with contractor personnel, LICCs, Early Learning Hubs, and families.

e. Ensure comprehensive coordination of EI/ECSE programs within the Service Area including contracted programs and Services.

f. Utilize Agency-approved assessments and data systems to track progress of individual children served in the EI/ECSE programs and to inform program decisions for each child.

g. Establish and maintain a comprehensive data system to track progress of individual children receiving Services in the EI/ECSE programs, using this information to make program decisions for each child.

h. Annually report progress to families using the ODE approved assessment system for infants and children, which must also inform IFSP development and individual child progress tracking, incorporating data from family and caregivers.

i. Provide necessary training to EI/ECSE staff on the use of the ecWeb system, ensuring they are proficient in administering child screenings and assessments, and adhere to the reporting schedules required by the Agency.

j. Develop and enforce a policy, as detailed in ATTACHEMENT 2 TO EXHIBIT A; IDEA PROGRAM

ASSURANCES; Safe Vehicle Transportation Statement, to ensure safe transportation for children with disabilities in private vehicles provided by or arranged by the Grantee.

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5. Convene a Local Interagency Coordinating Council (LICC) and confer with the Early Learning Hub(s) as outlined in ORS 343.507. Activities include the following:

a. Facilitation and Leadership in the development of a LICC in each county within the Service

Area. Each LICC must include membership as required by ORS 343.507 and serve in an advisory capacity to local EI/ECSE contractors and the Grantee using procedures required by administrative rules.

b. Solicit and consider input from the LICCs and Early Learning Hubs regarding EI/ECSE program improvement, service coordination, long range planning, and changes in contractors or program services.

6. Establish a single referral point in each county of the Service Area, called the Designated Referral and Evaluation Agency or DREA (OAR 581-015-2700). Provide DREA list to Agency Grant Manager.

Ensure the DREA:

a. Develops and implements a local plan for public awareness of EI/ECSE programs.

b. Maintains an effective child find process to identify, locate, and evaluate children who qualify for EI/ECSE Services.

c. Collaborates with and provides training on screening and referral processes to community partners such as healthcare providers, early care and learning programs, and social service agencies.

d. Acts as the year-round primary contact for receiving referrals for children suspected of being eligible for EI/ECSE Services.

e. Documents the source of each EI and ECSE referral.

f. Refers all children suspected of having disabilities to the child’s local school district of residence for eligibility evaluation.

g. Provides year-round referral and evaluation services for children aged birth to three years.

h. Assists local resident districts in meeting their responsibility for eligibility evaluations within the specified timelines:

A. within 45 calendar days from referral for EI Services;

B. within 60 school days from parent consent for evaluation for ECSE Services.

i. Convenes the eligibility team defined in OAR 581-015-2780 and OAR 581-015-2795 to determine the child’s eligibility for EI Services (under age three) or ECSE (over age three but not yet eligible for kindergarten).

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j. Ensures eligibility determinations comply with applicable federal and State of Oregon statutes, regulation, and guidelines.

k. Refers the child to the county’s established system for the development of the IFSP and placement in appropriate Services.

l. Gathers information from the family regarding the child’s Medicaid eligibility:

a. If the child is not enrolled, provide information to the family about the medical assistance program of the Oregon Health Plan;

b. If the child is enrolled, make reasonable efforts to provide written notice and obtain consent from the parent/guardian to bill for Medicaid eligible services on the IFSP.

c. Bill for these services within 12 months following the service delivery date.

Contracting. If the Grantee opts to contract with an Education Service Districts, Local School Districts or public Universities to perform Program activities, the Grantee shall:

1. Ensure that all contractors comply with all applicable federal and state statutes, regulations, assurances, and guidelines.

2. Ensure that all contractors comply with the requirements specified in ATTACHEMENT 1 and ATTACHEMENT 2 TO EXHIBIT A. These requirements include, but are not limited to, reporting, invoicing, fiscal accountability, budgeting, approved expenditures (both direct and indirect expenses), and program evaluation.

3. Ensure that all contractors undertake all activities of General Supervision as authorized under 34 CFR § 300.149, ORS 343.041, and OAR 581-015-2015, as well as any additional activities requested by the Agency Grant Manager.

4. Require that all contractors promptly notify the Grantee of any material breach if contractor is found to be non-compliant with federal statutes, State of Oregon statutes, regulations, and guidelines, and fail to rectify the identified deficiencies as instructed.

Component 2: Financial Planning; Fiscal Data; Monitoring; Accountability of Funds; Medicaid billing.

This component addresses financial planning, forecasting, resource allocation, and the collection and monitoring of fiscal data. It ensures that Grantees adequately meet infrastructure and Services delivery needs, understand system costs, and are aware of revenue sources and reporting requirements.

Grantee shall complete the following activities:

1. Develop written fiscal policies and procedures to ensure appropriate and allowable use of state and federal funds, aligning with state EI/ECSE system vision, mission, and values.

2. Submit an operating budget to the Agency Grant Manager. The budget should reflect demographics, eligibility, and other programs and funding streams used to operate the system

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3. Designate specific fiscal staff within the Grantee organization to review, report, and submit fiscal data including invoices for services rendered, to the Agency.

4. Seek prior approval from the agency for any changes or expenditures for specialized equipment, infrastructure improvements, or facilities.

5. Ensure that relevant fiscal staff participate in Agency training and technical assistance to maintain compliance with IDEA and other relevant federal and state laws.

6. Include fiscal data and information necessary to support the effective and equitable implementation of evidence-based practices.

7. For equipment purchases with a single acquisition cost of more than $10,000 and a useful life of more than one year:

a. Obtain Agency approval for any purchase, replacement, or disposal of such equipment;

b. Ensure adequate safeguards against loss, damage, or theft;

c. Keep an inventory of all equipment which includes: i) description of the equipment; ii) serial or identification number; iii) source of funding for the equipment; iv) title…