REQ-DASOBO-00075696_McK-VentoTraining_ODE_Approved.pdf

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REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-00075696

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

1. Requesting Agency Name: The Department of Administrative Services, Procurement Services (DAS PS), on behalf of the Oregon Department of Education (ODE), Office of Finance and Information Technology, Procurement Services Unit

2. Date of Request: April 12, 2024 3. Agency Number: 10700

4. Agency Contact Name: Brian Eilerts 5. Phone: (971) 283-5302

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

7. Time Period Requested: From: July 1, 2024 To: June 30, 2028

8. Total Estimated Cost: $695,000 Note: Year 1: $278,000. Year 2-4 (Optional): $139,000 per year (refer to Table in Section 10 (c) for estimated cost breakdown)

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

Subscription access to the McKinney-Vento Liaison Training and Resource Bundle to include:

• McKinney-Vento Liaison Training Course

• McKinney-Vento Essential Staff Training Courses and Resources

• McKinney-Vento Data Tool

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

a. Request:

DAS PS, on behalf of ODE, requests approval of this Special Procurement (SP) No. REQ-DASOBO- 00075696 to direct award a contract to McKinney-Vento Learning, LLC for the purpose of creating an online credentialing system for State Education Agencies (SEAs), Local Education Agencies (LEAs), and Community Based Organizations (CBOs) within the State of Oregon in order to meet the Federal requirements of the McKinney-Vento Act. The request is for one (1) year with an option to renew an additional year for up to three (3) years and with a not-to-exceed (NTE) of $695,000.

b. Background:

ODE 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 isn’t in the classroom directly providing services, the agency, along with the State Board, focuses on helping districts achieve local, state, and federal educational 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

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• Effectively administering numerous state and federal grants

• Sharing and helping districts implement best practices

Homeless children and youth face many educational barriers due to the disruption and trauma of not having a fixed, regular, and adequate place to live. Most face educational disruption due to changing schools as they move from one temporary location to another. Homeless children and youth also have higher incidences of illness, depression, and exposure to violence than their soundly housed peers.

Specific educational challenges faced by homeless students include:

• not being identified for services;

• difficulty enrolling without records or, in the case of an unaccompanied homeless youth, without a parent or guardian present;

• difficulty regularly attending school;

• lack of stable transportation;

• frequent school changes;

• falling behind in school;

• not accruing credits on time;

• lack of basic needs including food, clothing, and adequate housing;

• stress, depression, trauma; and

• embarrassment and stigma related to their housing conditions.

Elementary and Secondary Education Act (ESEA)

The primary source of federal aid for elementary and secondary education is ESEA, particularly the government’s 1-A program, which authorizes federal aid for the education of disadvantaged students.

ESEA was initially enacted in 1965 and was most recently comprehensively amended and reauthorized by Every Student Succeeds Act (ESSA).

Every Student Succeeds Act (ESSA)

This bipartisan measure reauthorizes the 50-year-old Elementary and Secondary Education Act (ESSA), the nation’s longstanding commitment to equal opportunity for all students. ESSA is considered a significant step forward for the nation’s children in many aspects, particularly as it shined a light on where students were making progress and where they needed additional support, regardless of race, income, zip code, disability, home language, or background. Key highlights of ESSA:

• Advances equity by upholding critical protections for America’s disadvantaged and high need students.

• Requires, for the first time, that all students in America be taught to high academic standards that will prepare them to succeeding college and careers.

• Ensures that vital information is provided to educators, families, students, and communities through annual statewide assessments that measures students’ progress towards those high standards.

• Helps to support and grow local innovations including evidence-based and place-based interventions developed by local leaders and educators.

• Sustains and expands the administrations historic investments in increasing access to high quality pre-school.

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• Maintains an expectation that there will be accountability and action to affect positive change in our lowest-performing schools, where groups of students are not making progress, and where graduation rates are low over extended periods of time.

McKinney-Vento Act (MVA)

The McKinney-Vento Act, which is supplemental to ESSA, provides rights and services to children and youth experiencing homelessness, which includes those who are: sharing the housing of others due to loss of housing, economic hardship, or a similar reason; staying in motels, trailer parks, or camp grounds due to the lack of an adequate alternative; staying in shelters or transitional housing; or sleeping in cars, parks, abandoned buildings, substandard housing, or similar settings.

Under the McKinney-Vento Education for Homeless Children and Youth (EHCY) Act, a program which is administered by the U.S. Department of Education’s Office of Elementary and Secondary Education, SEA’s must ensure that homeless children and youths have equal access to the same free, appropriate public education, including a public pre-school education, as is provided to other children and youths.

The SEA and LEA in the State must review and revise any laws, regulations, practices, or policies that may act as barriers to the identification, enrollment, attendance, or success in school of homeless children and youths.

The State Educational Agency (SEA) Responsibilities:

Every SEA must designate an office of State Coordinator that can sufficiently carry out duties required by the McKinney-Act. Key duties include:

• Responding to inquiries from homeless parents and unaccompanied youth.

• Providing professional development programs for liaisons and others.

• Conduct monitoring of LEA’s to enforce compliance.

Local Education Agency (LEA) Responsibilities:

Every LEA must designate a liaison for students experiencing homelessness who is able to carry out the duties described in the law. Key duties include:

• Ensuring homeless children and youth are identified and enrolled in school and have a full and equal opportunity to succeed in school.

• Participating in professional development and other technical assistance offered by the state.

• Ensure school personnel receive professional development and other support.

• Ensure that unaccompanied homeless youth are informed, and receive verification, of their status as independent students for college financial aid.

• Ensuring that homeless children, youth, and families receive referrals to health, dental, mental health, housing, substance abuse, and other appropriate services.

• Disseminating public notice of McKinney-Vento rights in locations frequented by parents and youth, in a manner and form understandable to them.

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The MVA Guidance from the U.S. Department of Education states that, each LEA, district, and school are required to have a McKinney-Vento LEA with academic certifications, qualifications, training, and practice history.

The LEA position is key to identifying and responding to student and family trauma such as housing instability, domestic violence, and other socioeconomic factors and is instrumental in ensuring that the rights and services guaranteed by the McKinney-Vento Act are implemented throughout the state’s school districts. As result of responding to trauma, the McKinney-Vento local liaison position experiences high turnover, which compromises training/credentialing, identifying, and serving pre-k, school-aged, and unaccompanied students.

Federal Grant Funding

The MVA program, administered by the U.S. Department of education, provides grants to schools to aid in the identification of children experiencing homelessness and provide services to help those students succeed in school.

c. Current Need:

Through this Special Procurement Request, DAS PS on behalf of ODE, seeks to direct award a contract with McKinney-Vento Learning, LLC for the purpose of educating and training SEA’s, LEA’s, and CBO’s with the use of the McKinney-Vento Liaison Training and Resource Bundle, which will comply with the McKinney-Vento Act training required by the federal government.

• McKinney-Vento Liaison Credentialing Course: This training meets compliance requirements and takes course participants through the basics, beginning with the legal context of the McKinney-Vento Act. Learners will unpack the law, explore best practices strategies, and wend their way through scenarios, finishing up with a quiz.

• Essential Staff Training: The Essential Staff Training bundle includes access to 13 role-specific courses that are designed to train school staff in identifying the signs of student homelessness. Staff members will obtain professional development through lightweight, yet engaging, training platform, and will walk away with a better understanding of how to support students experiencing homelessness. In addition to the learning modules, participants will complete a pre and post assessment during the course. Certificates of completion will be awarded, and you can track staff progress using the reporting features in the tool. Courses included:

Course Title Recommended Audience Time

General Overview of McKinney-Vento Law

All Essential Staff will view prior to taking their role specific course

12 mins.

Administration Principals, Superintendents, School Leaders, School Boards

6 min.

Extracurricular Staff Coaches, Assistants, PE Teachers, Custodians 8 min.

Counselors School Counselors, Social Workers, School Psychologists, Nurses

5 min.

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Early Childhood Childcare and Preschool Directors, Classroom Teachers 5 min.

Food Service Directors and Line Staff 5 min.

Enrollment/Registrar School Secretaries, Pupil Accounting, and Registrars 10 min.

Media Centers/Librarians School Librarians, media Specialists, Directors 6 min.

Special Education Directors, Teachers, Paraprofessionals 4 min

Title I Administrators Coordinators, State & Federal Program Supervisors, Title I Staff

12 min.

Transportation Directors, Coordinators, and Drivers 6 min.

Teachers Teachers, Paraprofessionals, and Support Staff 4 min.

Community Partners Shelters, Food Banks, Community Based Organizations 32 min.

Healthcare Professionals Nurses, Therapists, Psychologists, Nutritionists 10 min.

• McKinney-Vento Data Tool: The McKinny-Vento Data Tool is designed for use by LEA Homeless Liaisons or other approved district users to document pertinent information on students experiencing homelessness and unaccompanied homeless youth. Basic demographic, services provided, referrals, funds expended, barriers encountered and case notes that help document and track services by student, are included in the system. Reports can be generated from the system for state, federal, and local reporting efforts.

• Liaison Resources: This comprehensive hub serves as a vital support system for liaisons working with families experiencing homelessness, providing a wealth of resources to assist parents in need. From food services and Title I funding guidance, to housing assistance and legal aid, the repository equips liaisons with essential tools to help parents access critical services that promote stability.

Below is an estimated cost table for the services requested:

Item and Description QTY Unit Price Total

Year 1: 2024-2025 McKinney-Vento Liaison Credentialing Course (One-time purchase provides unlimited and indefinite access to Liaison Training Platform.)

Included at no cost:

1. McKinney-Vento Data Tool

2. Liaison Resources 1390

$100.00 per

School $139,000 Essential Staff Training Courses

Statewide access to provider’s district staff training platform. Unlimited number of accounts and requires annual renewal. Digital product includes 13 different 1390

$100.00 per

School $139,000

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YEAR 1 TOTAL:

$278,000

Year 2: 2025-2026 McKinney-Vento Liaison Credentialing Course

Included at no cost:

1. McKinney-Vento Data Tool

2. Liaison Resources

Unlimited $0.00 $0.00

Essential Staff Training Course (Renewal is Optional)

Renewal is effective at beginning of school year at Agency’s written request.

1390 $100.00 per

School

$139,000

YEAR 2 TOTAL: $139,000

Year 3: 2026-2027 McKinney-Vento Liaison Credentialing Course

Included at no cost:

1. McKinney-Vento Data Tool

2. Liaison Resources

Unlimited $0.00 $0.00

Essential Staff Training Course (Renewal is Optional)

Renewal is effective at beginning of school year at Agency’s at written request.

1390 $100.00 per

School

$139,000

YEAR 3 TOTAL: $139,000

Year 4: 2027-2028 McKinney-Vento Liaison Credentialing Course

Included at no cost:

1. McKinney-Vento Data Tool

2. Liaison Resources

Unlimited $0.00 $0.00

Essential Staff Training Course (Renewal is Optional)

Renewal is effective at beginning of school year at Agency’s written request.

1390 $100.00 per

School

$139,000

YEAR 4 TOTAL: $139,000

Grand Total Cost: $695,000

d. Proposed Contracting Procedure:

1. As required by Oregon Administrative Rules (OAR) 125-247-0287, DAS PS will issue a public notice (Notice) regarding approval of the SP on the OregonBuys eProcurement system for a period of seven

(7) calendar days.

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2. The Notice will include provisions that any affected party may protest the approval of the SP.

3. DAS PS, working with ODE, will respond to and resolve all protest(s), if any.

4. If no protests to this SP are received and sustained, DAS PS will move forward with direct award and negotiation of the Contract as set out in section 10.a. Once executed, DAS PS may amend the Contract for any or all of the software and services identified in this SP.

5. DAS PS will work with DAS Enterprise Information Services (EIS) and obtain its endorsement prior to executing the Contract and any subsequent Contract Amendments, as required.

6. Pursuant to OAR 137-045-0015, DAS PS will work with Oregon Department of Justice (DOJ) and obtain legal sufficiency approval prior to executing the Contract and any subsequent Contract Amendments, as required.

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

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 of 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.

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 is required through federal law to ensure that all liaisons are trained in the legal rights of students and families who are identified as experiencing housing instability and the services they are entitled to receive. In addition, the McKinney-Vento law requires that district liaisons train their own district staff on the legal rights and requirements of the McKinney-Vento law. ODE audits and monitors for this requirement through our federal monitoring and auditing practices and issues findings to districts when they do not meet this requirement. If a district does not meet this requirement consistently, then they are considered to be out of compliance with federal law and are at risk of losing their funding.

Oregon receives federal 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. There are no state funds allocated for education of homeless students. As a result, McKinney-Vento is the only stable funding source where the purpose is to remove barriers to participation in school for our students experiencing housing instability.

While the McKinney-Vento program includes guardrails supporting our youth, our districts are facing large staffing shortages and turnover which further challenge our ability to identify students for services. As of 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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September 2023, 127 of 197 are new superintendents in Oregon. In our rural communities, many of them also serve as the principal and liaison, further challenging their ability to support staff and student’s needs. It is vital that district leaders are trained on the needs of our families, know how to identify students who are eligible for services, and provide trauma-informed supports for staff, students, and families.

Throughout the last four years, ODE has been working with district leaders, the National Center for Homeless Education (NCHE) which serves as the technical assistance center for the U.S. Department of Education, the Oregon Department of Human Services, the Oregon Department of Housing, and Oregon’s State Interagency Coordinating Council as well as advocates in order to ensure that all liaisons and district leaders are trained on the rights, strengths and needs of our families experiencing housing instability. These conversations include discussions about the best training practices and platforms to ensure that all liaisons and district leaders are trained on the requirements of McKinney-Vento. ODE’s research determined that while there are organizations that can provide ad hoc training on the purpose and legal requirements of McKinney-Vento, it is not comprehensive, inclusive of all the requirements of the laws that pertain to students navigating housing instability (including legal rights under the Individuals with Disabilities Education Act, the Every Student Succeeds Act, the Family Educational Rights and Privacy Act and others) or available on demand. In addition, these organizations do not track who attended the trainings, nor do the organizations offer a credential that liaisons can use for continuing education credits. These organizations also do not have capacity to build a platform that allows for the delivery of content and tracking attendance. Given the turnover in the field, it is imperative that we are able to offer a sustainable and succinct method that allows for ODE to ensure that all liaisons are trained on the requirements.

As a result, it has been determined that McKinney-Vento Learning, LLC is the best option because of the McKinney-Vento robust content and platform integrated with the capacity and capability to combine educational tools, courses, training, credentialing, and data tool to manage individual case notes. ODE connected with the valuable data resource tool and access to real time training and credentialing data, ODE would have the ability to monitor and control the training and credentialing process. No other company offers the same robust training and credentialing package that McKinney-Vento offers.

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 as stated above in Section 11, that McKinney-Vento Learning, LLC is the most comprehensive package to meet the federal requirements for the McKinney-Vento Act compliance and grant funds. The training materials offered by McKinney-Vento Learning, LLC are required and are approved for use under the McKinney-Vento Act for Elementary and Secondary Schools. In addition, this is the only platform by which ODE is able to consistently track which staff and districts have completed the training even if the liaison moves to a new district within the state. Given that turnover at the district level occurs on a consistent basis (ODE updates the liaison contact list every 2 weeks with new information), it is imperative that ODE utilizes the data and ensure they are providing consistent and sufficient information to liaisons.

and

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______ (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:

Oregon continues to experience a significant increase in the number of students who are identified as experiencing housing insecurity. In addition, the turnover at the district level for both the liaisons, superintendent and business officer, it is important that we ensure that all parties who connect with students and families experiencing housing insecurity have the necessary training and skills. This includes understanding how to identify someone for services, understanding the services that students are legally entitled to receive even when it is outside the norm of district practices (for instance, districts can offer rental assistance through McKinney-Vento - a practice that is not standard in district policies), and ensure that federal funds are spent in a manner that is consistent with federal rules and regulations. McKinney-Vento Learning LLC provides:

• McKinney-Vento liaisons with comprehensive training, data tools, and resources to increase school district capacity and identify and engage pre-k, school-aged, and unaccompanied youth;

• Enhance school districts’ ability to identify and support eligible McKinney-Vento students;

• Provide quality training that meets compliance requirements;

• Training that is consistent for all liaisons;

• Provide the ability to track staff progress for reporting;

• Certificates of Completion;

• A tool designed for use by the LEA’s, or other school district users, to document pertinent information on students experiencing homelessness and unaccompanied homeless youth. Basic demographic, services provided, referrals, funds expended, barriers encountered and case notes that help document and track services by student, are included in this system.

• Reports for state, federal and local reporting efforts.

• Access to Federal Grants

Given the turnover and access to state-of-the-art information, it is essential that ODE ensures district leaders are trained. This will ease the burden that students and families face when enrolling in new schools and it will allow ODE to track which districts have completed trainings and they can better tailor their outreach to key areas.

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.

3. Authorized Agency shall comply with all Enterprise Information Services (EIS) conditions and requirements prior to contract amendment execution, if any.

APPROVED:

Jay Jackson, Procurement Policy Officer Date:

Department of Administrative Services, Procurement Services

06/10/2024