Title I Fiscal Responsibilities

1. Title I Fiscal Responsibilities Are You Fiscally Compliant? Presented by: New Jersey Department of Education Office of Student Achievement and Accountability

2. What is Needed to be in Compliance & Where to Find It • No Child Left Behind www.ed.gov/legislation/ESEA02/index.html • OMB Circular A-87, Attachment B www.whitehouse.gov/omb/circulars/a087/a087_2004.pdf • EDGAR http://www.ed.gov/policy/fund/reg/edgarReg/edgar.html • Compliance Supplement (A-133)http://www.whitehouse.gov/omb/circulars_a133_compliance_08_08toc/ • General Education Provisions Act (GEPA):straylight.law.cornell.edu/uscode/html/uscode20/usc_sup_01_20_10_31.html

3. Legal Structure and Requirements

4. System Requirements for LEAs EDGAR §§ 80.20, 80.32, 80.36 • Financial Management=80.20 • 7 Key components • Financial Reporting (Ability to Report) • Accounting Records • Internal Controls • Budget Controls • Allowable Costs • Source Documentation • Cash Management

5. System Requirements for LEAs EDGAR §§ 80.20, 80.32, 80.36 • Equipment=80.32 (more details later) • Procurement=80.36 • Open competition • Cost/Price Analysis • Vendor Selection • Contract Administration

6. Board MinutesWhat should be in my Board minutes? Resolutions to: • Apply for Funds (copy of budget statement) • Accept the Fund (Grant Acceptance Certificate)

7. Board Minutes (continued)What should be in my Board minutes? • Appointment of Teachers • Name • Salary • School • Funding Percentage for Each Program • Appointment of Secretaries, Aides, Program Directors, etc. • Name • Salary • Work Location • Funding Percentage for Each Program

8. Final Expenditure Reports • Must be consistent with budget (amendments filed through County Office) – EWEG Monitors • CANNOT: • Move more than 10% of total funds or $50,000, whichever is less, without State approval (filed through County Office) • Add a budget category without State approval (filed through County Office) • Carryover more than 15% of total amount received more than once every three years without State approval (Must have good reason)

9. Carryover of Funds(Set Asides) Some Carryover Funds are Restricted to the Original Intent and Purpose of the Funding **** Accounting Tracking Required **** • Parental Involvement • If these funds carried over, then can only be spent for original intent and purpose or must be refund to SEA • Professional Development (SINI and DINI) • If these funds carried over, then can only be spent for original intent and purpose or must be refund to SEA

10. Select Expenditures and Support Needed Fully-funded Salaries • Periodic certification signed at least semi-annually • Signed by employee and supervisor

11. Select Expenditures and Support Needed Split-funded Salaries • Personnel activity reports • Signed by employee and supervisor • Must be an after-the-fact distribution of actual activity • Prepared at least monthly and must coincide with pay periods

12. Select Expenditures and Support Needed General Purchases • Must have purchase orders • Must have account number on P.O. • Should indicate Title I purchases • Signed by Business Administrator • If split P.O., Title I should be easily identifiable REMEMBER – Money spent in Individual Schools should EQUAL amount in Step 4 of Eligibility

15. Select Expenditures and Support Needed Equipment • Maintain master inventory listing • Date, Serial Number, Model, Cost, Location • Each school should maintain subsidiary listing • All equipment should be labeled with “Title I” or equivalent tracking system • Need to keep records for FIVE years past disposition (date needs to be on master list) • Even if not equipment for GRANT purposes, if district has a lower threshold, then tracking of equipment is required

16. Select Expenditures and Support Needed Employee Benefits • TPAF/FICA reimbursement applies only to teachers’ contracted salaries, supervisors and program directors • TPAF/FICA reimbursement report does not apply to aides, secretaries or clerical, stipends, substitute teachers or summer teachers • All other benefits based on actual cost, not budgeted percentages

17. Select Expenditures and Support Needed Employee Benefits – TPAF/FICA Reimbursement Report

18. Selected Items of Cost • Special rules for specific expenses • Still subject to basic guidelines • Examples: • Alcohol: Never allowable • Salaries and Wages: Allowable if time distribution • Meetings and conferences: Allowable if dissemination of technical information

19. Helpful Questions to Ask When Analyzing Costs • Is the proposed cost consistent with federal cost principles? • Is the proposed cost allowable under the relevant program? • Is the proposed cost consistent with an approved program plan and budget? • Is the proposed cost consistent with program specific fiscal rules? • Is the proposed cost consistent with EDGAR?

20. Allowable Costs All Costs must be: • Necessary • Reasonable • Allocable • Legal under state and local law

21. Allowable Costs • Must be necessary for the performance or administration of the grant • Must follow sound business practices: • Arms length bargaining (hint: procurement processes) • Follow federal, state and local laws • Follow terms of the grant award

22. NON-PUBLIC • Continuous Consultation • District should attempt to find students attending non-public schools • Aide in Lieu of • Other Reasonable Method

23. NON-PUBLIC • Equitable Amounts for • Parent Involvement • Professional Development • Same Fiscal Rules Apply • Only your districts students • Students that need extra services

24. NON-PUBLIC • NO longer just supplies/computer – SERVICES ARE REQUIRED • Carryover • Funds not Spent in Prior Year (Discretion) • Automatic flow of district carryover in EWEG

25. Use of Third Party Providers for Non-Public Services Third Party Provider Contracts • When bid, the specifications should have the Stephens Amendment wording • Vendor Complaint Policy • Details on who provides parental involvement activities • Renting/Ownership of Supplies, Trailers, etc. • Breakout of Invoices to Include: • Instructional Salaries and Benefits • Instructional Supplies • Rental of books, supplies, trailers • Administrative Charges/Profit

26. Use of Third Party Providers for Non-Public Services Administrative Costs of Third Party Providers counts against the District’s Five Percent (5%) Total Administrative Costs Who pays the Administrative Costs? Off the top allocation of the District of Other Title I Funds (USDOE Non-Regulatory Guidance)

27. Policy Statements District Policies on: • Maintenance of Effort • Comparability • Supplement vs. Supplant

28. Policy Statements Maintenance of Effort • Current Expenditures (Not Including Capital Outlay) • Less: Community Services • Divided by: Average Daily Enrollment • Compare to prior year (current year/prior year) and must be at least 90% *** Must Be Done Annually ***

29. Policy Statements Maintenance of Effort Example

30. Policy Statements Comparability • Compare Like-Kind Schools (Title 1 to Non-Title 1) or • Compare Like-Kind Title 1 Schools to each other or • Compare Like-Kind Grade Span Groupings (Elementary, Middle or High)

31. Policy Statements Comparability The average number of students per instructional staff for Title I schools does not exceed 110 percent of the average of schools not participating in Title I programs; or

32. Policy Statements Comparability The average instructional staff salary expenditure per student for Title I schools is at least 90 percent of the average of schools not participating in Title I programs.

33. Policy Statements Components • Short Form • Instructional staff only Full Time Staff Equivalent (FTE) (Para’s only count as ½ FTE for every full FTE) • Pupils enrolled • Different sheets depending on if ALL schools are funded or if some are funded and some are not • Long Form (if required) • District-wide salary scale • All employees at first range of scale NEW TIMELINES STARTING 2008-2009 (Due December 4th) ** Required to document compliance every year **

34. Supplement Not Supplant • Funds must be “supplemental” to local spending • Supplemental Defined: “In the absence of federal funds, would funds have been spent (prior year funding is one distinguishing factor)”

35. Supplement Not Supplant • If all students/classroom get items, district can’t pay for Title I part out of Title I funds • Items purchased should not be used by non-Title I students • Presentations/Trips should not benefit non-Title I students • Special rules apply to approved and implemented “Schoolwide Programs”

36. Schoolwide Programs • MUST have approved plan that addresses all schoolwide issues • Time sheets are required (except in a blended resource fund, e.g., Fund 15 for Abbott districts)

37. Schoolwide Programs • Approval on a school by school basis • Key questions to be addressed: • Do the activities budgeted support the intent of the law? [Federal Register: July 2, 2004 (Volume 69, Number 127)] • Are supplemental services provided to the students enrolled in the school?

38. Frequently Asked Questions Time Sheets and Salaries Q: Multiple Federal Grants – If someone works on multiple federal grants, must their salary be allocated to all the grants since it is one large federal pot of money? A: Yes, since each is a separately funded program.

39. Frequently Asked Questions Title I Set-Asides: Choice/SES • If no Choice than all SES, If no SES, then all Choice, If both minimum 5% for each and 10% district option. • May use state or local money to meet this obligation – just be able to verify • Must track per pupil expenditures by student • New rules for reallocation of unspent SES in current year • Must show copies of letters and multiple offerings (at least twice and 30 days registration period each offering)

40. Frequently Asked Questions Title I Set-Asides: Teacher and Paraprofessional Qualifications • Must set aside not less than 5% unless lesser amount is needed and can be documented that it is not needed. • All teachers in Title I schools can benefit, not just Title I. • May not use in Non-Title I schools. • North Dakota Policy Letter

41. Frequently Asked Questions Title I Set-Asides: Parental Involvement • Must show that at least 1% was spent on grants over $500,000. • Be able to document all parental involvement activities with associated costs • 95% must be at the school level and 5%can be at the district level • Remember Carryover Restriction and Tracking of Funds

42. Frequently Asked Questions Title I Set-Asides: Professional Development • Must set-aside 10% if school is identified as in need of improvement. • Remember Carryover Restriction and Tracking of Funds • If Parental Involvement or Professional Development reserved, then proportional amount for nonpublic (Regulations 200.65(a))

43. Other Important Fiscal Considerations • Grant Year • Start date of grants – some start July 1st and some start September 1st (NCLB) • Don’t encumber funds prior to start of Grant • Now Grants will entertain requests to encumber funds prior to September 1 (But you must seek permission) • Final Amendments due by June 30th for NCLB (Depending on EWEG issues) • Summer • NCLB runs through August – Separate summer expenditures from current year • Carryover • Oldest money automatically used first!!!! Make sure your Auditors know so Due to Grantor not in CAFR – started with 2005-2006 Carryover into 2006-2007

44. Other Important Fiscal Considerations Carryover • Oldest money automatically used first!!!! • Make sure your Auditors know so Due to Grantor is not in CAFR, Schedule of Federal Expenditures – started with 2005-2006 Carryover into 2006-2007

45. Other Important Fiscal Considerations

46. Title I Monitoring AA Team • Random Sample • Other Criteria • Size of Grant • Office of Fiscal of Accountability & Compliance Follow up • Prior year follow up • Program Content • Fiscal Content

47. Fiscal News from Washington New Haven Audit Report from Office of Inspector General • Supplanting in a Schoolwide Program http://www.ed.gov/about/offices/list/oig/auditreports/a02f0005.pdf

48. Fiscal News from Washington William Floyd Audit Report from Office of Inspector General • Unsupported Expenses • Unsupported Adjusting Journal Entries • Supplanting of Textbooks • Weak Internal Controls http://www.ed.gov/about/offices/list/oig/auditreports/a02f0030.pdf

49. Fiscal News from Washington City of Detroit and Parent Involvement Fund 2005 • Disallowed Charges for Entertainment, Promotional Items and Public Relations • Need to be necessary, reasonable, allocable and documented • Disallowed items include advertising for an event and live musical entertainment at parent volunteer function http://www.ed.gov/about/offices/list/oig/auditreports/a05f0018.pdf

50. Fiscal News from Washington City of Detroit Revisit in 2008 • Over $131 Million in 2005 and $126 Million in 2006 • No Time Sheets – Almost $50 Million • Teaching non-Title I students – even though most of Detroit is schoolwide some schools are not (no plan submitted) and OIG looked to these schools and found staff being funded that were teaching non-Title I identified students. Detroit argued they could have been schoolwide if they did a plan and the OIG rejected this argument • Over $21 M for adjusting entries for employees that were charged to other programs and then charged to Title I • Gift cards they could not show got to students • $150,000 for martial arts training