THE
STATE EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
TO: |
The Honorable the Members of the Board of RegentsSubcommittee on Audits
|
FROM: |
Theresa E. Savo
|
SUBJECT: |
Board of Regents Oversight – Financial
Accountability |
DATE: |
|
STRATEGIC
GOAL: |
Goal
5 |
AUTHORIZATION(S): |
|
Issues for
Discussion
Three items are presented for
discussion with the Members of the Subcommittee on Audits
including:
1.
Status of School District Financial
Accountability Regulations and Guidance
2.
Completed Audits
3.
Federal Single Audit Findings and
Resolution
Update on
Activities
Proposed
Handling
Discussion and
Guidance
Procedural
History
The information is provided to assist the Subcommittee in carrying out its oversight responsibilities related to audits of financial and reporting practices; performance audits or reviews; ethical conduct issues arising from audits; internal controls; and compliance with laws, regulations, and policies.
Status of
School District Accountability Regulations and Guidance – Three documents are being worked on: Guidance, Questions and Answers, and the
Regulations. The professional
associations will be given the opportunity to provide comments on each of the
documents as they are developed and the documents will be presented to the
Subcommittee for comment. Once the
Regulations are approved by the Subcommittee, they will be presented to the full
Board for approval.
Completed
Audits – Reports are
provided on three districts’ administrative costs; a district’s health, dental,
and vision claims; several district’s acquisition of athletic fields; a review
of special education related services and itinerant services; a federal audit of
Title I; a federal review of the child nutrition program; and two follow-up
audits.
Federal Single
Audit Findings and Resolution – Any school district or entity which
expends over $500,000 in federal grants must have a Single Audit conducted in
accordance with the Federal Office of Management and Budget’s (OMB) Circular
A-133. Findings must be included in
the report, and the school districts and entities must prepare a corrective
action plan. This segment provides
an overview of the process and data on the number of findings and
resolution.
For item one (School District Accountability), the advice and guidance of the Members of the Audit Subcommittee are sought.
For items two (completed audits) and three (Single Audit Findings), no further action is recommended.
N/A
The following materials are
attached:
·
Roadmap
·
Minutes of September Meeting (Attachment
I)
·
Audit Report Abstracts (Attachment
II)
·
Single Audit Findings (Attachment
III)
·
Audit Reports
REGENTS SUBCOMMITTEE ON AUDITS MEETING
ROADMAP
|
Date: October 6, 2005
Time: 9:45-10:30
am Location: 311 EB | ||
TOPIC |
OUTCOME |
WHO |
MINUTES |
Opening Remarks |
|
Chair |
2 |
Review Agenda/Minutes (Attachment I) |
Approval |
Abbott |
1 |
Status of School District Financial Accountability Regulations and Guidance |
Update |
SED Staff |
10 |
Audit Report Abstracts (Attachment II) |
Questions Addressed |
SED and OSC Staff |
15 |
Federal Single Audit Findings and Resolution (Attachment III) |
Update |
Conway |
10 |
Current Issues |
Update |
Abbott |
5 |
Next Session |
Preview |
Staff |
2 |
September 8,
2005
Subcommittee Members in
Attendance:
Regent Geraldine D. Chapey,
Chair
Regent Arnold B. Gardner, Vice
Chair
Regent Joseph E.
Bowman
Regent Harry Phillips, 3rd
Other Members of the Board of Regents in
Attendance
Regent Milton L.
Cofield
Discussion
Items
Regent Chapey opened the meeting by welcoming
everyone and reminding the members of the increasing importance of
accountability in the public sector including school districts. She stated that
some of the Comptroller's audit reports have illustrated the need for change in
management’s approach to accountability.
Follow-up From the Previous Meeting
Staff informed the members that legislation
regarding the accounting profession was provided to them and that staff have
posted the document describing the roles and responsibilities of key school
district staff on the web site.
Previous
Meeting Minutes
The Subcommittee Members approved the minutes
of the prior meeting.
Development of School District Financial
Accountability Regulations
The Governor signed the legislation on July
19, 2005. Department staff are working on issuing three documents: a summary of key requirements, the
Commissioner's Regulations, and frequently asked questions. The documents will
be provided to the Subcommittee as they are completed.
Staff provided
some examples of issues that remained to be worked out in issuing regulations
and guidance documents. For example, the legislation requires the use of a
request for proposal for obtaining the services of the independent auditors, but
clarification is needed regarding the appropriateness of honoring existing
multi-year agreements.
Audits
Staff was available to answer questions on
the following audits:
Staff provided an overview on the recent
history of Medicaid related audits and described steps that have been taken in
the Department, as well as in the Department of Health, to address some of the
issues identified in the audits.
The Regents asked if they should do something relative to the Medicaid
audits. Staff stated that the Department of Health is taking the lead in
responding to the audits, but agreed to raise the issue with the Chief Operating
Officer.
90-Day Audit Follow
up
Staff informed the Subcommittee of the
process used by the Office of Audit Services to follow up on the status of
recommendations 90 days after the issuance of the final audit report. The
response of the Hempstead Union Free School District was used as an example to
illustrate the process.
Fraud, Waste and
Abuse
Staff informed the Subcommittee of a new
initiative to provide an outlet for individuals to notify the Department of
allegations of impropriety in USNY
institutions.
Miscellaneous
Discussions
Deputy Commissioner Duncan-Poitier briefed
the members on the status of changing the regulations relative to Certified
Public Accountants. She indicated that progress is continuing and that draft
regulations will be provided to the Board of Regents in the executive session at
next month's meeting. Regent
Phillips asked that a representative of the Big 4 accounting firms be invited to
attend a Subcommittee meeting in order to discuss proposed changes in the
accounting profession.
Regent Cofield inquired about how the Regents
are kept informed of audits of the Education Department. He indicated that he
was not looking for volumes of reports, but a succinct summary so that all
members can be aware. Staff described the current process for summarizing all
audits. They agreed a brief document could be prepared to inform all members of
the results of any Education Department audits.
Regent Bowman asked if staff could
communicate recurring audit findings to school districts and other USNY
institutions so that they can be educated on the types of findings that auditors
are developing and take corrective action.
Key audit findings are summarized in the Reference Manual for Audits of
School Districts and summaries will be added to our web site.
Attachment
II
Audit Report
Abstracts
Regents Subcommittee on
Audits
October
2005
Office
of the State Comptroller | ||
Audit |
Major
Finding |
Recommendations/Response |
Central Islip Union Free School
District Report S8-5-11
10th Judicial
District |
This audit was 1 of 15 conducted to
determine whether District officials have established appropriate internal
controls over expenses incurred on behalf of School District managers and
members of the Board.
The audit found that the Board had not
established some critical written policies. The Board had not adopted a
credit card policy and $3,155 in charges by Board members could not be
supported and may represent Board members’ personal costs. The lack of a
travel policy resulted in lodging costs being incurred far in excess of
the federal per diem rate, and Board members staying extra days at
conferences. Board members were reimbursed for local mileage including for
commuting from their homes to Board meetings. There were no policies
regarding when it is appropriate to provide meals and refreshments to
employees attending School District meetings, to reimburse employees for
the business use of their personal telephones and internet access or when
it is appropriate to provide cell
phones.
The audit also noted weaknesses in the
internal claims audit process. The Business Administrator overrode the
internal claims auditor's decision to deny reimbursement for claims
submitted by Board members. In addition, the internal claims auditor
approved credit card claims that did not contain receipts or enough
information to determine if the charges represented actual and necessary
District expenses.
|
13
recommendations
The report recommends that the Board
adopt written policies for travel related expenses, reimbursable telephone
and internet expenses, and cell phone usage. The Board should also approve
conference travel by Board members, review credit card charges identified
in the report to determine if they represent actual and necessary costs,
review the duplicate payment made to the former Superintendent, ensure all
benefits paid to employees are consistent with the terms of their
contracts and monitor compliance with the revised meal and refreshment
policy. Board members should also submit mileage claims that include
detailed information on the purpose of the trip.
The report also recommends that the
Superintendent and Board members submit detailed receipts and invoices to
support all credit card charges.
The report recommends the internal
claims auditor require that every claim contain enough supporting
documentation to determine it complies with District policies, and the
amounts represent actual and necessary expenses. Finally, the report
recommends that only the internal claims auditor should approve claims for
payment.
District officials did not specifically
respond to the recommendations. |
$0
adjustment
This audit was 1 of 15 conducted to
determine whether District officials have established appropriate internal
controls over expenses incurred on behalf of School District managers and
members of the Board.
The audit did not identify any
significant exceptions with the District's administrative expenses. The
report did identify opportunities to improve policy, guidance, and
documentation requirements for certain expenditures.
The District did not have a written
policy governing cell phone usage. Similarly, there is no policy on the
appropriateness of providing meals at meetings and events. The
documentation supporting the expenses was not always sufficient.
|
The recommendations are for the Board
and District managers to monitor compliance with recently enacted policies
regarding cell phone usage, and meals and refreshments provided at
meetings and events. The report also recommends that all claims for meals
and refreshments be adequately supported by documenta-tion.
District officials agree with the
recommendations. |
|
Hempstead Union Free School District
Internal Controls Report
2005M-62 10th Judicial
District |
$0
adjustment
The audit found that controls do not
exist over most District operations and that any number of District
employees can purchase supplies or services with no central oversight or
approval. District school buildings have closed or are in significant need
of repair, classrooms are overcrowded, and many students are housed in
inadequate, temporary classroom space.
Some
examples of poor controls identified in the report
include:
$2.3
million paid for leasing, installing and relocating portable classrooms
that are necessary because of the District’s failure to maintain and
provide adequate facilities for its students.
$1.1
million paid to three employment agencies for temporary
employees.
$900,000
paid on 18 professional service contracts that were awarded without
benefit of competitive proposals.
$117,145
paid to three Assistant Superintendents, a District Treasurer and a
District Clerk for accrued and unused leave time upon termination of
services with the District, even though there was no Board resolution
entitling them to such payment.
The report also cites instances of
excessive cell phone usage, credit card reimbursements without suf-ficient
documentation, and payment for personal expenses of District
officials.
The District did not maintain an
inventory system, used confirming purchase orders excessively, did not
adequately control cafeteria cash receipts, and did not record partial
absences on payroll records.
The report also cites the poor control
environment created by the Board. |
29
recommendations The report recommends the Board adopt proper policies to govern its own actions, require periodic reviews of District buildings, address the lack of usable classrooms, take appro-priate action to retain administrative personnel and approve budgets on a timely basis.
The report further recommends the Board examine the termination payments made to former officials. The Board should make sure they were consistent with the provisions of their employment contracts or Board resolutions, require advanced approval, examine past termination payments and if inappropriate, take steps to recover the funds.
The report also recommends the Board adopt written policies for meals and refreshments at District meetings, consider establishing maximum per diems for travel, and ensure a cost-benefit assessment of cell phone use is conducted. The report recommends the internal claims auditor require every claim contain supporting documentation to determine it complies with District policy and procedure and the amount represents actual and necessary District expenses. In regard to procurement of goods and services, the report recommends limiting the use of confirming purchase orders, requiring approval by the officer giving rise to the claim prior to payment, preparing a cost-benefit analysis of hiring temporary employees, entering into written agreements with all individuals providing professional services, soliciting proposals from prospective vendors, and ensuring that payments for services are not excessive. The report contains recommenda-tions for the Board to establish a comprehensive capital assets policy, ensure a complete physical inventory of all capital assets is taken and compared to asset records, investigate missing items identified in the audit, establish policies and procedures to account for supplies, and establish vehicle maintenance and repair records.
The report also recommends the use of pre-numbered cash receipts forms, daily reconciliations of cafeteria receipts, timely cash deposits and notifying all depository banks that cash transfers can be made only with written authorization. Finally, the report recommends that District officials establish procedures to ensure staff leave accrual records are accurate.
District officials agree with the
recommendations and state that many were implemented prior to the issuance
of the final audit report. |
Syracuse City School District Health,
Dental and Vision Claims Report
2005M-1 5th Judicial
District |
The District's internal controls over its health, dental and vision benefits were not appropriately designed and operating effectively to help ensure that payments made to a third-party administrator were proper. The District's claims auditor did not audit the third party administrator's statements and check registers. District personnel were not aware of certain charges on the administrator's documents, and did not possess the detailed supporting records to test the validity of charges.
The District unknowingly paid 110
duplicate claims totaling $10,900, and nine vision claims totaling $1,172
for ineligible individuals.
Despite the internal control
weaknesses, the audit tests identified an extremely low error rate. For
example, the 110 claims represented only $10,900 out of $46.3 million in
claims paid, which is an overpayment of 0.02 percent.
|
The report recommends the Board:
request more detailed information from the third-party administrator in
electronic format, establish a written policy to address the audit of the
third party administrator, ensure sufficient funds are on deposit to pay
claims promptly, require one or more District employees receive training
in the use and application of third party reports, and seek recovery of
any improperly paid claims.
School District officials generally
agreed with the recommendations and indicated they plan to take corrective
actions.
|
The Greenburgh, Valhalla and
Eastchester School Districts and the Town of Eastchester Acquisition of
Athletic Fields Report
2005-MR-8 9th Judicial
District |
In an attempt to acquire athletic
fields at no cost, the three Districts and the Town allowed dirt haulers
to dump construction and demolition (C&D) debris on their properties
in exchange for the dirt haulers’ renovating their athletic fields. The
audit estimates the dirt haulers saved between $7.4 million and $19.4
million. By accepting the C&D debris the Districts and Town
essentially operated solid-waste disposal facilities without meeting State
environmental requirements.
The debris was subsequently found to be
contaminated and the fields are therefore unusable until environmental
approval is obtained. The Eastchester District has already expended in
excess of $478,000 in remediation work. The auditors estimate the three
Districts and the Town could spend in excess of $2 million.
The three Districts generally avoided
seeking or obtaining taxpayer approval, did not comply with bidding
requirements, entered into impermissible equipment-lease agreements and
did not acquire appropriate approval and permits from State agencies. |
The report recommends that the Boards
of Education finance capital projects in accordance with pro-visions of
applicable statutes, establish policies and procedures to ensure
compliance with environ-mental laws, and continue their efforts to recoup
costs connected with the remediation and completion of the athletic
fields.
The report further recommends that the
Boards of Education ensure agreements for purchase and public works are
properly executed, require competitive bidding, and ensure District
officials consider all financing alternatives before entering into a
contract of significant dollar value.
The report also recommends the
Districts submit appropriate capital projects documentation to the
Department for approval and oversight, and establish procedures to ensure
voter approval for financing and expenditures of public
funds.
District officials did not specifically
address the recommendations. There is disagreement over the
character-ization of the material as C&D. There is also disagreement
on the need to obtain voter approval as well as the need to competitively
bid some of the work.
|
State Education Department, New York
City Department of Education, and Erie
County Administration of Payments for
Preschool Related Services and Special Education Itinerant Teachers
(SEIT) Report 2003-S-39
|
The New York City Department of
Education (NYCDOE) overpaid providers $731,000 because it used the wrong
payment rates in reconciling 2000-2001 payments
to SEIT providers. In addition, the NYCDOE
and Erie County overpaid SEIT providers more than $358,000 and $17,000,
respectively, in the two years reviewed because the municipalities either
did not update enrollment-related data or did not verify that services
were actually provided.
The NYCDOE also improperly reconciled
$4 million in payments to another 13 providers before SED had posted final
SEIT session rates for 2000-2001. The report also identified instances in
which both municipalities paid for SEIT services when students were absent
for long periods (when teachers were on extended leave or unavailable) and
when providers delivered fewer or different services than IEPs
prescribed.
The audit also found providers billed
the NYCDOE for 62 related services sessions for absent students; for 271
individual sessions when they actually delivered group sessions; and 184
sessions where the clinicians provided related services to students at the
same time/day, even though the clinicians’ records showed they were at
different locations those days. Erie County also paid for related services
that were not provided, and for individual sessions that clinicians
delivered in a group format. Erie County and the NYCDOE paid for related
services that were not delivered, or were not delivered as prescribed,
because they did not verify that students actually received the services
for which payments were made. |
|
Compliance with Section 3602
Subdivision 26 of the State Education Law -
Follow-up Report
2004-F-01 |
||
Implementation of the RESCUE
Program Report
2004-F-30 |
The
initial audit report, which was issued on September 19, 2003, examined the
Department’s efforts to promote districts’ preservation of their school
buildings and the appropriate use of State Building Aid. The audit found
the Department’s control system does not ensure that all districts have
developed adequate long-range facility preservation plans or building
condition Report Cards – two of the RESCUE program’s intended goals. The
audit also found that, because of limited monitoring, districts have
inappropriately claimed mainte-nance costs and other items when requesting
State Building Aid. The audit concluded that because of these weaknesses,
the benefits of the RESCUE program were limited and there was risk that
districts incorporated ineligible costs into capital projects funded with
State Building Aid.
|
|
U.S.
Department of Education (ED)- Office of Inspector
General | ||
Audit |
Major
Finding |
Recommendations/Response |
Wyandanch Union Free School
District Report
ED-OIG/A02-E0031 10th Judicial
District |
||
United
States Department of Agriculture | ||
Audit |
|
Recommendations/Response |
Financial Management Review of the New
York Department of Education Child Nutrition Program
Report
A-02-02-01029 |
$0 adjustment
This was a management review of the
Department's Child Nutrition programs. The report had no findings and
complements Depart-ment staff for their efforts in improving the
management of the program. |
0
recommendations |
Attachment
III
Office of Audit
Services
Management Decision
Process
Regents Subcommittee on
Audits
October
2005
The Office of Management and Budget’s (OMB) Circular A-133 requires non-federal entities expending $500,000 or more in federal awards to have a Single Audit performed each year by an independent certified public accountant (CPA). OMB Circular A-133 requires the entity to submit the following documents to the Federal Award Clearing House and New York State Education Department (NYSED):
OMB Circular A-133 requires NYSED, the pass-through-entity, to issue a Management Decision for each of the findings submitted on the Single Audit Report. The Office of Audit Services (OAS) is in the process of issuing Management Decisions to recipients receiving federal awards that pass through NYSED to the sub-grantee.
In 2004, the Office of Audit Services received 918 financial statements from educational entities. Of these 918 entities, 48 percent or 441, expended $500,000 or more in federal awards. This is broken down into 319 school districts, 32 BOCES, 86 not-for-profits, and 4 charter schools.
Of these 441 educational entities, 42 of them have a total of 90 Section III (program related) audit findings, related to 28 federal awards in the following three sub-groups:
Type
of Auditor Finding |
Total
Findings |
|
Program
Specific |
36 |
|
Grants
Administration |
29 |
|
General
Internal Control |
25 |
|
Total |
90 |
OMB Circular A-133 requires the CPA to identify any questioned costs for each of the grants, when appropriate. Questioned costs are identified specifically to the grant that the finding is related to. Questioned costs, to date, total $21 million, with one finding carrying a questioned cost of $18 million.
OAS has met with each program office to present the finding(s). This has a two- fold effect, 1) enabling the program office to become familiar with the sub-recipients finding(s) and 2) providing OAS additional insight into the requirements of each grant.
The
primary purpose of the process is to drive improvement in the
programs.