New York State Education Department Charter School Office

1. New York State Education DepartmentCharter School Office Initial Statement January 2013

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3. Today’s Audience Representatives from newly chartered schools who are required to follow section 5: Finance and Management of the charter agreement. We will focus on helping you understand section 5.1, which requires management and financial CONTROLS. These controls are monitored through the submission of an Initial Statement.

4. Purpose The NYSED Charter School Office is offering this information so Charter Schools understand: • Management and Financial Controls: • Governance and management procedures • Financial controls • How this information gets monitored and communicated to SED: • Initial Statement on status of above procedures and controls • Auditor’s report to evaluate Initial Statement and the related Procedures, Policies and Practices. • Deficiencies remedied

5. Overview of Presentation • Charter section 5.1: • Controls put in place by Charter • Initial Statement on status of controls by Charter • Submit an Audit Engagement letter • Commence Audit of Initial Statement ($50,000) • Submit Audit Report • Remedy any deficiencies • Report on correction of deficiencies • Charter sections 5.2 – 5.12

6. 5.1 DocumentationRequired Charter School must have documentation that they have implemented adequate controls to ensure: 1. They are preparing and maintaining financial statements and records in accordance with generally accepted accounting procedures (GAAP)

7. 5.1 DocumentationRequired, con’t 2. Payroll procedures 3. Accounting for contributions and grants 4. Procedures for the creation and review of interim and annual financial statements, which procedures shall specifically identify the individual(s) who will be responsible for preparing and reviewing such financial statements and ensure that such statements contain valid and reliable data. 5. Appropriate internal financial controls and procedures

8. 5.1 DocumentationRequired, con’t 6. Safeguarding of assets including cash and equipment 7. Compliance with applicable laws and regulation 8. Ensuring that the purchasing process results in the acquisition of necessary goods and services at the best price. 9. Following appropriate guidance relating to a code of ethics, budget development and administration, and cash management and investments.

9. 5.1 Status of Governance, Management and Financial Controls An Initial Statement must be prepared by the Charter school that states the status of each of the controls previously mentioned. By status of the control, we would like • A description of the control, • If the control is operational, and • Who is responsible at the Charter School for the control.

10. 5.1 InitialStatementSubmission • Prior to submission to SED, the Initial Statement must be reviewed and ratified by the Charter School’s Board of Trustees (BOT) • It is due to SED no later than one hundred-twenty (120) days from the Charter Effective Date • For example: If the effective date of the Charter agreement is 1/1/13, than the Initial Statement is due to SED by May 1, 2013.

11. 5.1 Engagement Letter • The Charter School shall retain an independent certified public accountant (CPA) licensed in New York State to perform an agreed-upon procedures engagement. This engagement results in an “Independent Accountants’ Report,” in accordance with attestation standards established by the American Institute of Certified Public Accountants. • The purpose of the engagement will be to assist the Board of Trustees and SED in evaluating the Initial Statement and the underlying governance and management procedures and financial controls that have been established. The engagement letter is to be submitted to SED no later than one hundred-twenty (120) days from the Effective Date • For example: If the effective date is 1/1/13, than the Engagement Letter is due to SED by May 1, 2013 (note: The Engagement Letter has the same due date as the Initial Statement.)

12. What is an Agreed Upon Procedures Engagement? Source: SSAE No. 10; SSAE No. 11. .03 An agreed-upon procedures engagement is one in which a practitioner is engaged by a client to issue a report of findings based on specific procedures performed on subject matter. The client engages the practitioner to assist specified parties in evaluating subject matter or an assertion as a result of a need or needs of the specified parties. Because the specified parties require that findings be independently derived, the services of a practitioner are obtained to perform procedures and report his or her findings. The specified parties and the practitioner agree upon the procedures to be performed by the practitioner that the specified parties believe are appropriate. Because the needs of the specified parties may vary widely, the nature, timing, and extent of the agreed upon procedures may vary as well. In an engagement performed under this section, the practitioner does not perform an examination or a review, as discussed in section 101, and does not provide an opinion or negative assurance.3 (See paragraph .24.) Instead, the practitioner's report on agreed-upon procedures should be in the form of procedures and findings.

13. 5.1 Commencement of Engagement The independent auditor must begin the engagement to prepare an agreed upon procedures report on the Initial Statement within sixty (60) days after the date on which the Charter School has received and disbursed more than $50,000* * in monies received from payments from school districts, under section 2856 of the Education Law, or from grants or other revenue sources.

14. 5.1 Completion of Engagement The resulting Independent Auditor Report should be provided to the Board of Trustees no later forty-five days (45) after the commencement of such engagement, with a Copy provided to SED.

15. 5.1 Remedy Deficiencies In the event that the Independent Auditor Report reveals that any of the above management and financial controls are not in place, the Charter School must remedy the deficiencies no later than forty-five (45) days from the date the Report was received by the Board of Trustees.

16. 5.1 Report Deficiencies No later than forty-five (45) days from the date the Independent Auditor’s Report was received by the Board of Trustees: • The Charter will provide SED a statement that all deficiencies identified in the Independent Accountants’ Report have been corrected. • Such statement shall identify the steps undertaken to correct the identified deficiencies and include: • Date completed • Person responsible for the corrective action, and • Actions taken • SED may require additional evidence to verify the correction of the deficiencies. All documents required to be submitted pursuant to this paragraph shall be submitted electronically in accordance with guidance provided by SED.

17. 5.1 Summary • Controls put in place by Charter • Initial Statement on status of controls by Charter • Submit an Audit Engagement letter • Commence Audit of Initial Statement ($50,000) • Submit Audit Report • Remedy any deficiencies • Report on correction of deficiencies

18. Charter Sections 5.2 – 5.12 5.2 Financial Statements; Interim Reports. 5.3 Audits. 5.4 Fiscal Year. 5.5 Annual Budget and Cash Flow Projections. 5.6 Funding Procedure. 5.7. Exemption from Taxation. 5.8. Collateral for Debt. 5.9. Tuition and Fees. 5.10. Outside Funding. 5.11. Maintenance of Corporate Status: Tax Exemptions. 5.12. Insurance.

19. Questions? Email: charterschools@mail.nysed.gov with the subject line: Charter section 5.1Question OR Call: Your school liaison at (518) 474-1762