Making and out of Federal Funds

1. Making and out of Federal Funds (Formerly Known as Fiscal Fun) ESEA Odyssey 2014

2. Acknowledgement:The content in this presentation is, in part, provided by the National Association of State Title I Directors, July, 2013.

3. Oregon Department of Education’sStrategic Plan • Goal: Every student graduates from high school and is ready for college, career, and civic life. • Providing students at risk of academic failure with supplemental academic support • Ensuring that students are taught by highly qualified and effective teachers • Taking steps to close the achievement gap with historically underserved populations

4. Session Objectives • Identify general purpose of ESEA funds • Connect use of ESEA funds to ODE Strategic Plan • Fiscal Compliance • Allowable Expenditures • Supplement, Not Supplant • CIP Budget Narrative Alignment • Separate Accounts • Comparability • Time Distribution Reporting • Budget Narrative & Carryover • New Rules (Omni Circular)

5. Fiscal Compliance

6. Allowable Expenditures

7. Allowable Expenditures Office of Management and Budget (OMB) Circular A-87 requires that the use of funds for a specific purpose be: necessary and reasonable for the proper and efficient performance and administration of the program; and authorized and not prohibited under state and local laws or regulations. Necessary, Reasonable, and Allocable

8. Supplement, not Supplant

9. Supplement, not Supplant • Federal funds supplement state and local funds • Title I provides federal dollars to supplement educational opportunities for children who live in high poverty areas and who are most at risk of failing to meet the state’s challenging achievement standards • Described in ESEA Title I - A, the OMB Circular A-133 Compliance Supplement, and USED’s Non-Regulatory Guidance: Title I Fiscal Issues Revised 2008….(among other places)

10. Supplement, not Supplant • SCHOOLWIDE: “A school participating in a schoolwide program shall use funds available to carry out this section only to supplement the amount of funds that would, in the absence of funds under this part, be made available from non-Federal sources for the school, including funds needed to provide services that are required by law for children with disabilities and children with limited English proficiency.” [ESEA 1114(a)(2)(B)]

11. Supplement, not Supplant • TARGETED ASSISTANCE PROGRAM: “Funds received under this part may not be used to provide services that are otherwise required by law to be made available to [eligible] children…but may be used to coordinate or supplement such services.” [ESEA 1115(b)(3)] • Targeted Assistance Programs under same rules as Schoolwide regarding supplement, not supplant.

12. Supplement, not Supplant • Federal funds must be used to “supplement, not supplant” services, staff, programs, or materials that would otherwise be paid with state or local funds (and in some cases, other federal funds). • Always ask: “What would happen in the absence of federal funds?”

13. Supplement, not Supplant • Federal funds must be used to “supplement, not supplant” services, staff, programs, or materials that would otherwise be paid with state or local funds (and in some cases, other federal funds). • Always ask: “What would happen in the absence of federal funds?”

14. Supplement, not Supplant Supplement, not supplant is different depending on the type of Title I program model Targeted Assistance Schools • In Title I Targeted Assistance schools, funds are used to provide supplementaleducationally-related services to eligible students participating in Title I programs

15. Supplement, not Supplant Schoolwide Program Schools • In Title I schoolwide schools, funds provided are supplemental to the state and local funds and may be used to support any activities in the schoolwide plan. Districts are not required to demonstrate that Federal funds are used only for a specific target population

16. Supplement, not Supplant Presumption of supplanting • The district has used the Title I funds to provide services that the district was required to make available under federal, state, or local law • The district used Title I funds to provide services it provided with non-federal funds in the prior year(s) • The district has used Title I funds to provide services for participating children that it provided with non-federal funds for non-participating children

17. Supplement, not Supplant • To rebut presumption show: • Fiscal or programmatic documentation to confirm, that, in the absence of federal funds, staff services in question would have been eliminated • State legislative or local board action • Budget histories and information

18. CIP Budget Narrative

19. CIP Budget Narrative • The budget narrative is the district’s contract with the SEA on how federal funds are going to be spent • The budget narrative is tied into monitoring in that district expenditures for the Title program are checked against the budget narrative

20. CIP Budget Narrative • Assurances • Prayer Certification • Contacts • Consolidated Spending • Due No Later Than October 1st

21. Budget Narrative on the Road • Regional Training and Technical Assistance Fall 2014 • Eastern Oregon • Northeastern Oregon • Metro West • Metro East • Southern Oregon • Central-Willamette Valley • Central Oregon • South Coast

22. Carryover • Grant Period • Title I funds are available for “27 months” • Federal FY 2014 funds: • July 1, 2014 – September 30, 2015 (1st grant period) • October 1, 2015 – September 30, 2016 (Carryover period)

23. Carryover • May be because: • Late start of program • Change in personnel costs • Changed plan • Congress assumes… We don’t need the funding!

24. Carryover • Carryover must be requested through CIP Budget Narrative • Expenditures through September 30 • Carryover pages open in CIP Budget Narrative around November 17 • 15% LIMIT – Title I-A • Can have more than 15% once every 3 years • Districts must not plan for carryover

25. Comparability

26. Comparability An LEA may receive funds under this part only if State and local funds will be used in schools served under this part to provide services that are at least comparable to services in schools that are not receiving funds under this part. ESEA Fiscal Requirements Section 1120A(c)

27. Comparability If the LEA is serving all of its students under this part, the agency may only receive funds if it will use State and local funds to provide services that are substantially comparable in each school. ESEA Fiscal Requirements Section 1120A(c)

28. Comparability - Exclusions • LEA that has only one school per grade span • LEA may exclude schools with fewer than 100 students

29. Comparability • Comparability Worksheets • Written Assurance • District-wide salary schedule • Policy of equivalence in staffing • Policy of equivalence in materials and supplies • Criteria and Guidance located at: http://www.ode.state.or.us/search/page/?id=1940

30. Comparability • Comparing Title I-A to non-Title I-A—Title I-A schools need to be within 110% • Comparing Title I-A to Title I-A—Schools need to be within 90%-110% of each other

31. Time Distribution

32. Time Distribution:Why is this important? • Salary costs are material to many grants • Absence of adequate documentation is a basis for repayment of funds • Considered explicitly as a “risk factor” by OMB • Numerous grantees have had to repay millions because of Time & Effort issues.

33. OMB A-87 Rules • If federal funds are used for salaries then Time Distribution records are required. • Must demonstrate • If employee is paid from federal funds, then employee worked on that specific federal program/cost objective.

34. Terminology • Time and attendance records • Payroll records • Monday worked 8:00-4:00 • Semi-annual certification • Time and effort records • Monday worked 50% on Title I-A and 50% on general fund activities

35. Adequate Reporting • Retained by district • Prepared after the fact • Full disclosure – report of full time worked • Credible endorsement

36. Semi-Annual Certification • Signed every six months by supervisor or employee • “From August 23, 2014, until December 31, 2014, Jane Goodall spent 100% of her time on Title I-A schoolwideprogram implementation at Primate Elementary School.”

37. Time and Effort • Time and Effort (Aka…Personnel Activity Reports --PAR) • Signed and dated every month by employee • Actual accounting of time after the fact • Showing total effort • Should have report and back up documentation to verify • calendar, work product, time log

38. Fixed Schedule Reporting • Employees who are paid out of multiple sources, but whose schedule is the same each day, may document time and effort as follows: • The employee will continue to provide the personnel activity report required from a varied schedule employee • The employee on a fixed schedule may submit two documents on a semi-annual basis – one certifying the funding sources being charged and the other showing the established fixed schedule. A document showing the established fixed schedule in most educational settings would be the employee’s daily schedule of classes and duties.

39. New Rules Coming Omni Circular

40. Omni Circular • Governs the use of federal funds • Condenses eight previous circulars into one “super circular” • USED can issue interpretive guidance to states and local education agencies • Implemented December 26, 2014 • Impacts 2015 federal allocations and carryover from previous allocations

41. Some Changes & Clarifications

42. Questions

43. Contacts Districts A – D: Jesse Parsons jesse.parsons@state.or.us 503-947-5602 Districts E – P: Melinda Bessner melinda.bessner@state.or.us 503-947-5626 Districts Q – Z: Russ Sweet russ.sweet@state.or.us 503-947-5638