Transcript Slide 1

How to Prepare for a
Federal Monitoring Visit
(SASA/OSEP)
Jennifer S. Mauskapf, Esq.
[email protected]
Brustein & Manasevit, PLLC
Fall Forum 2013
AGENDA
Overview of the Monitoring Process
▪ ESEA Flexibility
▪ SASA
▪ Non-Flexibility States
▪ Unwaiverable Title I Requirements
 IDEA - OSEP
Preparing for a Monitoring Visit
Common Findings
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 ESEA
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OVERVIEW OF THE
MONITORING PROCESS
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ESEA Flexibility Monitoring
• Pilot
• Remaining States
• 1/3 On-site
• 2/3 Desk
• Inclusion of LEAs/schools in monitoring ?
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• 2 States (CO, MS) participated in on-site monitoring pilot in May
• 2 States (NJ, CT) to participate in desk pilot in July
• Revisions to Process
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ESEA Flexibility – Depth of
Review
Desk Monitoring
All 17 elements
Comprehensive
Review
• All SEA Systems &
• All SEA
Processes elements (4)
Systems &
Processes
• 3 of 9 ‘List A’
elements
elements (4)
• 2 ED selected
• 1 SEA selected
Unwaived Title I
Requirements
8 requirements
requirements
To be monitored via8separate
process…STAY TUNED!
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Depth of Review On-site Monitoring
Foundational
All 17 elements
Review
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ED Contacts SEA re: Type and Date
Preliminary Monitoring Call (6 weeks prior)
If on-site: SEA selects element (5 weeks prior)
ED sends customized protocol (4-5 weeks prior)
SEA submits documentation (at least 2 weeks prior)
Exit Conference (within 2 weeks of visit)
Monitoring Report within 35 business days of visit
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ESEA Flexibility Monitoring
Timeline
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SASA Monitoring Covers…
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Title I, Part A
Title I, Part D (Neglected, Delinquent, or At-Risk)
Title X, Part C (McKinney-Vento Act/Homeless Program)
Title III, Part A
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• SASA Monitoring for Select Non-Flex States:
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Non-Flex Selection Factors
2012-2013
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• SEA has not been monitored since the 2006-2007 or 20072008 monitoring cycle
• Review of Audits and Previous Monitoring Findings
• Staff Leadership Turnover or New Staff
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Pre-site document reviews
SEA and LEA website reviews
Previous corrective actions
Combination of program specific—
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Desk
Teleconference / Videoconference
Web-based conference
On-site monitoring review of indicators
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Monitoring Strategies, 20122013
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OSEP ‘Monitoring’ Covers…
http://therightidea.tadnet.org/assets/browse_by_folder?folder=36&fold
er_name=OSEP+Continuous+Improvement+Visits
• Results Component
http://www2.ed.gov/about/offices/list/osers/osep/rda/index.html
• Stakeholder Input Process
• Verification Component
http://therightidea.tadnet.org/assets/browse_by_folder?folder=61&fo
lder_name=CrEAGs-+Part+B
State Performance Plan (SPP) / Annual
Performance Report (APR) Review
• Determinations.
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• Continuous Improvement Visits
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Prior to Visit
• State contact gathers and analyzes data and information
• Information collected primarily through Web-based searches and
document analysis
• Specific documentation requested from SEA
• Selection of LEAs
• Receipt of Agenda and List of ED Participants
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• Desk monitoring of each State
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The Visit Itself
• HOW LONG?
• WHAT WILL ED BE DOING DURING THE VISIT?
• Review documentation not available prior to the trip
• Interview SEA and LEA staff, principals, teachers, parents, and other
stakeholders
• Exit Conference
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• Typically one full week
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Post-Visit – SASA-specific
DRAFT comprehensive monitoring report issued
FINAL report issued
SEA Response
 SEA has 30 business days to respond to any required actions
 SASA sends a letter approving proposed
actions or requiring revision/further action
 May require close collaboration (e.g., CAPs)
and/or follow-up visits
Significant compliance findings can lead
to special conditions
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 To be issued within 35 business days of the on-site visit
 SEA has 5 business days to review and provide technical edits and corrections
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Preparation is the Key!
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TOP 10 WAYS TO PREPARE FOR A
MONITORING VISIT
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1. Organizational Meeting
• Meet with Key Personnel
• All about Communication!
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• Discuss program and areas that will be reviewed
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2. Select Main Visit Contact
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Schedule meetings
Ensure lead personnel schedules clear
Organize travel requests / information (as requested by SASA)
Schedule visits to schools (as requested by SASA)
• Schedule conference calls with SASA prior to visit
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• Main Visit Contact
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3. Select Main Interview
Contacts
Title I, Part A
Title I, Part D – Neglected, Delinquent or At-Risk
Title X, C - McKinney-Vento
Title III, Part A
SIG
IDEA Results
 These representatives must know who should be
present for each indicator and where all
documentation is located!
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 A representative should be appointed as lead
interviewer for each program (and topic) as
appropriate
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4. Select Meeting Place
• Want meeting place separate from main offices so that all
parties can remain focused
• All personnel should have cleared scheduled and be ready to
participate as necessary
• Organized by the applicable lead contact
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• Don’t completely isolate
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• Complete the Actual Monitoring Document the Monitors will be
using!
• Put your best foot forward
• Narrative Form
• How?
• Answer the Question Being Asked!
• Respond to correct fiscal year!
• Include Specific Citations as appropriate.
• Note Flexibility Monitoring Webinar Comment
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5. Complete Monitoring
Documents
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5. Complete Monitoring
Documents (cont.)
 OSEP: Critical Elements Analysis Guide (CrEAG) Part B
 SASA Monitoring Plan for Formula Grant Programs
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Gen. Supervision
Fiscal Systems
SIG: Application Process, Implementation, Fiscal, Technical
Assistance, Monitoring, Data Collection
Title I Team: Title I-A Fiduciary, Title I-D, McKinney-Vento
Title III-A: Monitoring of Subgrantees; Standards, Assessments &
Accountability, Instructional Support, Fiduciary
 ESEA Flexibility Monitoring Protocol (Customized)
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Critical Element General Supervision (GS)-1: Does the State have a general supervision system that
is reasonably designed to identify noncompliance in a timely manner using its different components?
Related Question
Response
A. Describe the components and data sources
of the State’s general supervision system
and how they are used to identify
Notes:
noncompliance (e.g., database, selfassessments, desk audits, on-site
monitoring, dispute resolution, etc.).
Document Review
• OSEP’s CrEAG Format
Notes:
State Monitoring Manual
Monitoring Reports
Training Calendar
Database Reports
APR Indicator 15
Customer Service Info.
Notes:
OGC Comments
Notes:
Interview Info.
Interview Summary
Related Requirements
34 CFR §300.100 [Eligibility for assistance]
34 CFR §300.149(a)&(b)[SEA responsibility for general supervision]
34 CFR §300.149(a)&(b)[SEA responsibility for general supervision]
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5. Complete Monitoring
Documents (cont.)
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5. Complete Monitoring Documents (cont.)
• Title I & Title III Team Format
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• SIG Format
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5. Complete Monitoring Documents (cont.)
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• ESEA Flexibility Format
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6. Organize Documentation
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Tabbed!
Organized!
Complete Examples!
Connect-the-Dots!
• Copies for yourself
• Include any additional documents given to
SASA during the visit
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• Corresponding Binders
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• Practice Makes Perfect! (sort of)
• Take the monitoring instrument and review the current system
in place
• Interview selected personnel (“test”)
• CONDUCT PRIOR TO VISIT
• Chance to change systems as needed!
• Chance to create corrective action plans and begin
implementation as needed!
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7. Mock Visit
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8. Be Prepared to Address
Noncompliance
• If no corrective action plan then attempt to create a plan prior
to SASA’s arrival.
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• Be prepared to address any corrective action plan already
created or implemented.
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9. Review Findings From Your
State
• Did you complete everything you said you would?
• Review audits
• Including A-133 Single Audit
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• Review old monitoring reports
• Special Conditions
• State Plans
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• Title I & Title III Reports (2011-2012):
http://www2.ed.gov/admins/lead/account/monitoring/rep
orts12/index.html
• SIG Reports:
http://www2.ed.gov/programs/sif/monitoring/index.html
• OSEP Continuous Improvement Letters:
http://www2.ed.gov/fund/data/report/idea/partbvvltr/chro
ndate.html
• ESEA Flexibility:
http://www2.ed.gov/policy/elsec/guid/eseaflexibility/monitoring/index.html
• Review reports to identify focus areas, trends in findings.
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10. Review Monitoring Findings In
Other States
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COMMON FINDINGS
ACROSS THE BOARD
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Written Policies and
Procedures
 If you have to explain how something is done without
being able to point to a clear and current written policy or
procedure, you probably have some work to do!!!
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 Conflicting policies
 Out-of-date policies
 Non-existent policies
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Timeliness
Required Items
Public Reporting
Examples:
Title I-A: Annual LEA Report Card, HQT Status Letter,
School Improvement Status, SES and Choice Notice
Title III: Student Identification, AMAO Determination
IDEA: Procedural Safeguards, Stakeholder Input for
SPP/APR
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Notification Requirements
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Timely review and approval of LEA applications
Timely allocation of subgrants
Period of availability of funds to LEAs
Process for Reallocating Funds
Timely Obligation and Liquidation
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Fiduciary
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Fiduciary
Ensuring Funds are Used for Allowable Uses
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Consistent with Federal Cost Principles?
Consistent with EDGAR?
Consistent with program-specific rules?
How does SEA/LEA ensure and document allowability?
Program-specific Fiscal Rules
 MOE
 Supplement not Supplant
 Caps
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Fiduciary – High Dollar Areas of
Concern
• Procurement
• Property / Inventory Management
• Time Distribution
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EDGAR Procurement Rules
• Must have written code of conduct for all employees engaged in
contract award and administration
• Must have protest procedures to handle disputes
• Follow Procurement Rules!!!
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• Section 80.36 of EDGAR
• All procurement transactions must be conducted with full and
open competition
• Conflict of Interest:
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• Determining between “equipment”
and “supply”
• Determining level of control over item
• Tracking non-equipment items
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Inventory Management:
Common Problems
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Equipment Rules
 Location of equipment
 Custody of equipment
 Security of equipment
 Property records
 Description, serial number or other ID, title information,
acquisition date, cost, percent of federal participation,
location, use and condition, and disposition (if applicable)
 Physical inventory
 Must be performed at least every 2 years
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 Section 80.32 of EDGAR
 Must have adequate controls in place to account for:
 Control system to prevent loss, damage and theft
 All incidents must be investigated
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Equipment Rules (cont.)
• Must protect against unauthorized use
• When property is no longer needed, must follow
disposition rules:
• Transfer to another federal program
• Over $5,000 – Keep or sell, but must pay a share based
on the percentage of federal ED participation at initial
acquisition
• Under $5,000 – May keep, sell, or dispose of it with no
obligation to ED
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• May use for other projects as long as use is incidental
and does not interfere with authorized use
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Supplies
• Do not cost much money
• Used fairly quickly
• Examples: pens, paper, toner, laptops
• EDGAR does not set out any specific tracking
requirements
• As a practical matter, ED expects subgrantees to
track all property purchased with federal funds,
in order to prove there has been an allocable
benefit to the federal program
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• Section 80.33 of EDGAR
• Supplies are everything else
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Time Distribution
• Selected Items of Cost: Salaries and Wages
• Time Distribution Records must be maintained for all
employees whose salaries are:
• Paid in whole or in part with federal funds
• Used to meet a match/cost share requirement
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• Allowable if proper time distribution records
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Time Distribution – Common
Problems
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PAR vs. Semi-annual Certification
Correct Signatory?
Correct Time Period?
Time reported add up to 100% time worked?
Signed after-the-fact?
• Quarterly Reconciliations
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• Proper Identification of “Cost Objective(s)”
• Completion of Required Documentation
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Equitable Services
• Program
• Funds—no reimbursement!
• Property—tags, inventory
• Evaluation of Services
• Identification of Eligible Students
• Administration Costs NOT Charged Against Equitable Services
Set-Aside
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• Timely and Meaningful Consultation
• LEA Maintaining Control
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Subrecipient Monitoring
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• Comprehensive Monitoring Protocol
• Follow-up procedures to ensure corrective actions taken to
address compliance issues
• Linking Monitoring Findings with Technical Assistance
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RESOURCES - SASA
ESEA Flexibility Monitoring
http://www2.ed.gov/policy/elsec/guid/esea-flexibility/monitoring/index.html
SASA Monitoring
Indicators (2011-2012)
http://www2.ed.gov/admins/lead/account/monitoring/indicators1112.pdf
Title I & Title III Reports (2012-2013):
http://www2.ed.gov/admins/lead/account/monitoring/reports13/index.html
NASTID Presentation on SASA Monitoring for 2012-2013
http://www.nationaltitleiassociation.org/resource/resmgr/t12s/20122013_overview_sasa_moni.pdf
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http://www2.ed.gov/admins/lead/account/monitoring/index.html
Office of School Turnaround – SIG Monitoring
SIG Monitoring Plan
http://www2.ed.gov/programs/sif/sigmonitoringplan2012-2013.pdf
 SIG Reports:
http://www2.ed.gov/programs/sif/monitoring/index.html

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RESOURCES - OSEP
http://therightidea.tadnet.org/assets/browse_by_folder?
folder=36&folder_name=OSEP+Continuous+Improvemen
t+Visits
OSEP Continuous Improvement Letters:
http://www2.ed.gov/fund/data/report/idea/partbvvltr/
chrondate.html
Part B SPP and APR Determination Letters:
http://www2.ed.gov/fund/data/report/idea/partbspap/
allyears.html
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Continuous Improvement Visit Page
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Questions?
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This presentation is intended solely to provide general
information and does not constitute legal
advice. Attendance at the presentation or later review of
these printed materials does not create an attorney-client
relationship with Brustein & Manasevit, PLLC. You should
not take any action based upon any information in this
presentation without first consulting legal counsel familiar
with your particular circumstances.
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Disclaimer
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