REQ-DASOBO-00060579_Approved.pdf

SP No. REQ-DASOBO-00060579-McKinney-Vento-ODE Page 1 of 7

REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-00060579

PART A. Requesting Agency must complete Items 1 through 13.

1. Requesting Agency Name: Oregon Department of Education (ODE)

2. Date of Request: January 26, 2024 3. Agency Number: 58100

4. Agency Contact Name: Ufemia Castaneda 5. Phone: (971) 208-0432

6. Type of Request: Class Special Procurement X Contract-specific Special Procurement

7. Time Period Requested: From: April 2024 To: September 30, 2024

8. Total Estimated Cost: $140,000

9. Title: Supplies and/or Services to be Acquired:

Evaluation/assessment and strategic plan of McKinney-Vento Act program for education system K-12 in Oregon

10. Request, Background, Current Need, and Proposed Contracting Procedure:

a. Request:

The Oregon Department of Education (ODE), on behalf of the Office of Teaching, Learning, and Assessment, requests approval of this Special Procurement (SP) No. REQ-DASOBO-00060579 to direct award a Contract with SchoolHouse Connection to conduct a comprehensive needs assessment, landscape analysis, and strategic plan for students experiencing homelessness and the McKinney-Vento program in Oregon.

b. Background:

The Oregon Department of Education oversees the education of over 560,000 students in Oregon’s public K-12 education system. ODE encompasses early learning, public preschool programs, the state School for the Deaf, regional programs for children with disabilities, and education programs in Oregon youth corrections facilities. While ODE is not in the classroom directly providing services, the agency (along with the State Board) - focuses on helping districts achieve both local and statewide goals and priorities through strategies such as:

• Developing policies and standards.

• Providing accurate and timely data to inform instruction.

• Training teachers on how to use data effectively.

• Effectively administering numerous state and federal grants.

• Sharing and helping districts implement best practices.

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Youth experiencing houselessness go unidentified and unserved due in part to lack of identification and awareness of the McKinney-Vento program.

The McKinney-Vento program was established due to the extraordinary impact of the pandemic on students experiencing homelessness. The American Rescue Plan provided states nationally $800 million in aid through the ARP Elementary and Secondary School Emergency Relief – Homeless Children and Youth (ARP-HCY) Fund. Oregon received $7,356,860 in funding from this program. Funding was allocated to states in two installments known as ARP-HCY I and ARP-HCY II. This one-time federal relief funding was authorized exclusively to support districts who have students who are navigating housing instability and to support statewide efforts that address issues pertaining to housing instability. This includes training for statewide activities and analysis of the State’s strengths and needs that are supporting or inhibiting Oregon’s ability to support and serve its students who are houseless.

The goal of the resulting Contract from this Special Procurement is to assess the policies, procedures, staff training/awareness, and overall collaborative systems and share findings and determine corrective and strategic actions across the state and thereby increase and enhance the academic, social, emotional, and behavioral outcomes for youth experiencing homelessness. SchoolHouse Connection has over 25 years of experience in the PK-12 education arena. Throughout the last 25 years, their staff helped write the McKinney-Vento Act through amendments by the No Child Left Behind Act and Every Student Succeeds Act. As co-writers of the law they are intimately familiar with all the policies, practices, and procedures that must be in place for states to implement the McKinney-Vento Act correctly. They are considered by other states and entities to be the nation’s leading experts on the early care and education of children and youth experiencing homelessness. They have ushered to passage critical policies and programs for children and youth experiencing homelessness, and provided extensive practical assistance on these policies, including:

• The McKinney-Vento Act, as amended by the Every Student Succeeds Act;

• The Head Start Act and Program Performance Standards;

• The Higher Education Act and FAFSA rules;

• The Individuals with Disabilities Education Act;

• The Child Care and Development Fund;

• In addition, SchoolHouse has worked with other states, including Montana and Nevada, to increase protection and services for unaccompanied youth and supported statewide initiatives that address school-housing partnerships and providing resources to youth and families who are navigating housing instability.

c. Current Need:

According to the 2023 Annual Homeless Assessment Report issued by the U.S. Department of Housing and Urban Development, Oregon has the second highest rate of homelessness in the nation and has the highest rate of families with children and unaccompanied youth experiencing homelessness or any state.

In the report, Oregon also ranked within the top five states with:

• the biggest increase in experiences of homelessness since 2007;

• the biggest difference in homelessness since the start of the pandemic; and

• states with large changes in unaccompanied youth experiencing homelessness.

https://www.hud.gov/press/press_releases_media_advisories/HUD_No_23_278 https://www.hud.gov/press/press_releases_media_advisories/HUD_No_23_278

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This challenge is experienced across Oregon’s urban, rural and coastal areas. Given the rise in the number of individuals and families who are houseless, it is essential that Oregon’s agencies are able to provide services to our families and unaccompanied youth. In addition, as a recipient of federal funds, Oregon is responsible for ensuring that we are administering the federal program in compliance with all federal laws and regulations regarding students who experience housing instability. This includes McKinney-Vento, Title I-A under the Elementary and Secondary Education Act, and the Individuals with Disabilities Education Act. ODE must ensure that its policies, practices and procedures do not create additional or unnecessary barriers to ensure that Oregon students and families get the support that is needed. Each district is required to have a liaison who supports students that are experiencing housing instability and ensure that they receive services under the federal McKinney-Vento act. Oregon receives funding through McKinney-Vento; however, the funding only covers 12 districts. As a result, there is not sufficient resources at the state level to help all districts support their students, families, and unaccompanied youth who are experiencing housing instability. It is imperative that the Oregon Department of Education conduct a review of all of its policies, practices and procedures to determine what barriers exist at the state and district level that may impact ODE and its districts’ ability to serve its students.

For a more detailed work scope, please refer to Attachment A – Scope of Work. Below is a Cost Table for the estimated Services & Deliverables (also provided in the Attachment A – Scope of Work):

ITEM SERVICES/DELIVERABLES COST

1. Data Analysis $20,000

2. Needs Assessment Surveys $20,000

3. Focus Group Meetings –What is Working and Unmet

Needs) $50,000

4. Review Current State Laws, Regulations, and Policies to determine Impact on Children, Youth, and Families

$20,000

5. Report on Current McKinney-Vento Activities & Strengths and Weaknesses

$20,000

6. Report on Landscape of Resources Available to Meet Needs of Children, Youth, and Families (Statewide and by Region)

$10,000

7. Strategic Plan to Better Educational Outcomes for Students Experiencing Homelessness

$10,000

TOTAL NOT TO EXCEED AMOUNT: $140,000

d. Proposed Contracting Procedure:

1. ODE will issue a public notice (Notice) on OregonBuys, the State’s eProcurement system of record, for a period of seven (7) Calendar Days as required by Oregon Administrative Rule (OAR) 125-247-0287, regarding approval of this SP.

2. The Notice will include a process by which any affected party may protest the approval of the SP.

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3. Additionally, listed below in Section a. through d. is the process by which any entity who believes they can meet ODE’s requirements may submit a detailed response to the agency for consideration.

a. If an entity believes its services meet or exceeds SchoolHouse Connection’s proposed services, the entity may submit written documentation of its services to the ODE Contact listed in Section 4 above. The written documentation must clearly demonstrate that the services meet the mandatory requirements described in this Special Procurement and in Attachment A, Scope of Work.

b. ODE will review all submitted written documentation, if any, against the mandatory requirements detailed in Attachment A, Scope of Work and 10.c.

c. Each submitting entity will have an opportunity to present and demonstrate they can meet the services to ODE representatives, if necessary.

d. After presentations and demonstrations, ODE may request Best and Final Offers from SchoolHouse Connection and all submitting entities to make a determination. Any such determination will be considered final.

4. The Department of Administrative Services, Procurement Services (DAS PS), along with ODE, will respond to and resolve protests, if any.

5. If no protests to this SP are received or sustained, ODE will proceed with direct award and negotiation of a Contract as described in Section 10.a above.

6. Pursuant to Oregon Revised Statute (ORS) 291.047 and related administrative rules, ODE will work with Oregon Department of Justice (DOJ) and obtain legal sufficiency approval prior to executing the Contract amendment, if required.

7. ODE will direct award and negotiate a contract with SchoolHouse Connection pursuant to its authority under OAR 125-247-0170 (2)(c)(I).

11. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation.

• SchoolHouse Connection is a national non-profit organization that focuses on providing policy, advocacy review as well as strategic planning support for states and districts. This includes conducting an analysis of state and district policies, procedures and manuals regarding the management and oversight of the McKinney-Vento program.

• SchoolHouse Connection staff have contributed to the writing of the law itself and have 25 years of experience in assessing state and district capacity to implement the McKinney-Vento program. This in-depth knowledge of the McKinney-Vento Act’s intent pairs with the requirements of the current business need that ODE seeks to achieve.

• SchoolHouse Connection staff have and offer unparalleled understanding of both the written statute, the intent, as well as the regulations. They also have extensive experience working with district and state leaders to assess their systems and develop comprehensive plans to mitigate challenges and barriers.

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• Governor Kotek, in Executive Order 23-03 and 23-04 requires state agencies, including ODE, to examine how they can expand housing support to more families. McKinney-Vento and the ARP-HCY funding allows for districts to provide rental assistance, as well as provide coverage for stays in motels, hotels, etc., for short term durations. An analysis of Oregon’s system (policies, laws, and practices) could allow for ODE to understand what some of the barriers are at the state and district levels that impact district’s ability to provide housing assistance as well as education/social emotional resources assistance to our students and families.

• Governor Kotek’s office has met regularly with the ODE staff to better understand the existing challenges and opportunities within the housing and education of youth/families experiencing housing instability. A comprehensive analysis of ODE’s policies, practices, and systems could facilitate ODE’s ability to provide data-based recommendations to Governor Kotek, as well as establish a strategic plan for Oregon to execute in order to meet the housing and education needs of our families.

• Funding for the ability to conduct this analysis is only possible through the use of American Rescue Plan-Homeless Children and Youth program set-aside funds, which expire in September 2024. It is not feasible to accomplish this analysis for a strategic plan before the funds expire by undergoing a competitive solicitation Request for Proposals (RFP) process at this time.

12. Findings to Satisfy the Required Standards: This proposed special procurement:

___X___ (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because:

ODE has determined through market research that SchoolHouse Connection to be the most comprehensive analysis to meet the requirements for McKinney-Vento and Every Student Succeeds Act.

While other entities have experience conducting comprehensive needs assessment, no other organization has the depth of experience or knowledge in the McKinney-Vento law, which spans the early childhood, K-12 and post-secondary spectrum. Furthermore, the McKinney-Vento law intersects with federal laws including the American Rescue Plan – Homeless Children Youth Program, the Child Nutrition Act the Elementary and Secondary School Emergency Relief Fund I, II and III, the Elementary and Secondary Education Act, Individuals with Disabilities Education Act, The Carl D. Perkins Vocational and Technical Education Act, HeadStart, and laws covered under housing. As a result, it is imperative for ODE to contract with organizations that have deep expertise in all these federal laws in order to be able to establish a comprehensive strategic plan to mitigate the barriers that Oregon is facing.

SchoolHouse Connection is a national non-profit organization working to overcome homelessness through education. SHC provides strategic advocacy and practical assistance to state and local educational agencies, institutions of higher education, homeless service providers, and youth. SHC’s team has decades of experience with implementation of the McKinney-Vento Homeless Assistance Act and best practices in the education of children and youth experiencing homelessness. SHC were directly involved in the last two reauthorizations of the McKinney-Vento Act and have provided direct assistance to hundreds of state and local educational agencies across the country. SHC has led hundreds of trainings, convenings, and direct technical assistance activities across the country. SHC’s team also works at the intersections of K-12 education, early childhood education, post-secondary programs, and housing systems.

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SHC’s expertise of the McKinney-Vento Act is unparalleled, and their practical assistance documents, webinars, and hands-on consultation provide high quality, intensive support to state and local educational agencies nationwide.

and

______ (b)(i) will result in substantial cost savings to the contracting agency or to the public because:

or

__ X ____ (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 279B.065, or 279B.070, or any rules adopted thereunder because:

1. Funding for the ability to conduct this analysis is only possible through the use of American Rescue Plan-Homeless Children and Youth program set-aside funds, which expire in September 2024. It is not feasible to accomplish this analysis for a strategic plan before the funds expire by undergoing an RFP process. If this SP Request is not approved, the funding will be lost and the critical information ODE needs to address and provide information as required under EO 23-03 and EO 23-04 will not be realized.

2. As required in EO 23-03 and EO 23-04 the data-based recommendations to Governor Kotek, through a strategic plan for Oregon to meet the housing and education needs of Oregon’s families, will not be accomplished.

Contracting soonest with SchoolHouse Connections to evaluate/assess McKinney-Vento Act program for education system K-12 in Oregon set out in Attachment A, Scope of Work and Section 10 above substantially promotes both public interest and the interests of the youth/families experiencing housing instability.

13. Signature: The actual signature of the Agency Head or designee (e.g., Designated Procurement Officer) is not required on the Request if it is submitted through OregonBuys. Agency may elect to attach a signed Request.

Signature: e.g. Electronically in OregonBuys _________________ Type Name: Date:

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PART B. The Department of Administrative Services completes Part B.

STATUTORY AND RULE AUTHORITY:

ORS 279B.085(2) states the Director of the Department of Administrative Services may approve a special procurement if the Director finds that a written request submitted under ORS 279B.085(4) demonstrates that the use of a special procurement as described in the request, or an alternative procedure prescribed by the Director will:

(a) Be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts; and (b)(A) Result in substantial cost savings to the contracting agency or to the public; or

(B) Otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 279B.055, 279B.060, 279B.065 or 279B.070 or under any rules adopted thereunder.

OAR 125-246-0170 delegates the authority of the Director of the Department of Administrative Services to approve special procurements to the State Chief Procurement Officer. OAR 125-247-0285 through 125-247- 0288 implement ORS 279B.085.

OAR 125-247-0700(2) Protests and Judicial Review of Special Procurements designates the State Chief Procurement Officer as the Contract Review Authority.

FINDINGS: The findings are accepted, adopted, and incorporated by reference herein.

CONDITIONS OF APPROVAL:

1. Notice Period. The Authorized Agency shall post the Public Notice on OregonBuys. The Special Procurement may not be used until after the completion of the seven (7) day notice period required pursuant to OAR 125-247-0287(4), and either:

a. No Written protests are received by the Contract Review Authority, State Chief Procurement Officer, from an Affected Person in response to the notice, or

b. If any protest is received during the notice period, then not until:

i. the State Chief Procurement Officer or delegate issues a written disposition of the protest in accordance with ORS 279B.400 and OAR 125-247-0700 and OAR 137-047-0700, and

ii. confirms in writing the first possible date of use of the Special Procurement.

2. ORS 279A.165 Requirements. Authorized Agency shall comply with the requirements of ORS 279A.165 and OAR 125-247-0287(12) regarding a report about this Special Procurement. Agency shall use a form and follow the instructions provided by the State Chief Procurement Officer or delegate.

APPROVED:

Jay Jackson, Procurement Policy Officer Date:

Department of Administrative Services

04/23/2024