oversight

Audit of the Followup Process for External Audits in the Office of Elementary and Secondary Education

Published by the Department of Education, Office of Inspector General on 2015-12-17.

Below is a raw (and likely hideous) rendition of the original report. (PDF)

                          UNITED STATES DEPARTMENT OF EDUCATION
                                         OFFICE OF INSPECTOR GENERAL

                                                                                                            AUDIT SERVICES



                                                 December 17, 2015
                                                                                             Control Number
                                                                                             ED-OIG/A19P0002
Ann Whalen
Delegated to Perform Functions and Duties of the Assistant Secretary
Office of Elementary and Secondary Education
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, DC 20202-4300

Dear Ms. Whalen:

This Final Audit Report, titled Audit of the Followup Process for External Audits in the Office
of Elementary and Secondary Education, presents the results of our audit. This audit was part of
a review of the audit followup process for Office of Inspector General (OIG) external audits
being performed in several principal offices. The objective of the audit was to evaluate the
effectiveness of the Department of Education’s (Department) process to ensure that external
auditees implement corrective actions as a result of OIG audits. A summary report will be
provided to the Chief Financial Officer, the Department’s audit followup official, upon
completion of the audits in individual principal offices.



                                                BACKGROUND


Office of Management and Budget (OMB) Circular A-50, “Audit Followup,” provides the
requirements for establishing systems to assure prompt and proper resolution and
implementation of audit recommendations. The Circular provides that audit followup is an
integral part of good management, a shared responsibility of agency management officials and
auditors, and management’s corrective action on resolved findings and recommendations is
essential to improving the Government’s effectiveness and efficiency. Agencies are responsible
for establishing systems that provide a complete record of actions taken on findings and
recommendations to assure that audit recommendations are promptly and properly resolved.

The Department established the “Handbook for the Post Audit Process” (OCFO-01), dated
June 22, 2007 (Handbook), to provide policies and procedures for the resolution and followup
of internal and external audits of Department programs, activities, and functions. External
audits are of external entities that receive funding from the Department, such as State
educational agencies, local educational agencies, institutions of higher education, contractors,
and nonprofit organizations. External OIG audit reports generally include recommendations
for Department management to require the external entity to take corrective action. These
recommendations may be either monetary, which recommend that the entity return funds to the

                              400 MARYLAND AVENUE, S.W., WASHINGTON, DC 20202-1510

              Promoting the efficiency, effectiveness, and integrity of the Department’s programs and operations.
Final Audit Report
ED-OIG/A19P0002                                                                                  Page 2 of 15

Department, or nonmonetary, which recommend that the entity improve operations, systems, or
internal controls. The audit resolution process begins with the issuance of a final audit report.

An external audit is considered resolved when the Department issues a program determination
letter to the external entity that is agreed to by the OIG. Upon resolution, the Department is
responsible for followup to ensure that corrective actions are actually taken. An audit is
considered closed when the Department ensures that all corrective actions have been
implemented including funds repaid or settlement made.

The Handbook provides that Assistant Secretaries (or equivalent office head) with
cooperative audit resolution or related responsibilities must ensure that the overall
cooperative audit resolution process operates efficiently and consistently. An Assistant
Secretary may delegate in writing part or all of the cooperative audit resolution
responsibilities to an Action Official(s) (AO) within the Assistant Secretary's
organization.

The Handbook notes specific responsibilities of the Assistant Secretaries or designated AOs that
include:

    •   Determining the action to be taken and the financial adjustments to be made in resolving
        findings in audit reports concerning respective program areas of responsibility,
    •   Monitoring auditee actions in order to ensure implementation of recommendations
        sustained in program determinations, and
    •   Maintaining formal, documented systems of cooperative audit resolution and followup.

The Handbook specifies that accurate records must be kept of all audit followup activities,
including all correspondence, documentation and analysis of documentation. The Department’s
Audit Accountability and Resolution Tracking System (AARTS) is a web-based application
designed to assist Department management with audit followup and closure.



                                          AUDIT RESULTS


We found that the Office of Elementary and Secondary Education’s (OESE) audit followup
process was not always effective. Specifically, we found that OESE did not close audits timely
and did not adequately maintain documentation of audit followup activities. Between
October 1, 2008 and September 30, 2013, OESE closed 86 external OIG audits. 1 Of the 86
closed audits, 59 (69 percent) were closed more than 2 years after resolution and 34 (40 percent)
were closed more than 5 years after resolution. The total of the monetary recommendations
associated with the 86 audits was $587,490,310.




1
 Four of these audits were officially closed in AARTS after September 30, 2013. However, close out
memorandums were issued for these audits prior to September 30, 2013.
Final Audit Report
ED-OIG/A19P0002                                                                        Page 3 of 15

Further, we found that OESE did not always adequately maintain documentation of audit
followup activities. This included not maintaining supporting documentation of corrective
actions in the official audit file as well as not maintaining documentation that supported that
requested corrective actions were actually taken prior to audit closure. We reviewed audit
followup activities for a nonstatistical sample of 14 external OIG audits of OESE programs. For
these 14 audits, OESE determined that 81 recommendations required corrective actions, to
include $10,208,164 in monetary corrective actions. We found that OESE files did not
adequately maintain documentation for 68 out of 81 recommendations (84 percent), to include
monetary corrective actions totaling $7,967,097.

Not ensuring that corrective actions are taken as quickly as possible allows identified
deficiencies to continue to exist. By not obtaining or maintaining appropriate documentation to
show requested corrective actions were completed, OESE did not have assurance that identified
deficiencies were corrected. As such, the risk remains that related programs are not effectively
managed and funds are not being used as intended.

In its response to the draft audit report, OESE agreed with the recommendations. OESE noted
that it took audit resolution and followup seriously and has addressed it proactively in recent
years by centralizing all of OESE’s audit work under one unit, by hiring and devoting staff solely
to this function, and by developing Standard Operating Procedures (SOPs) to perform the work.
OESE stated it appeared that the audit report did not accurately reflect its progress in the area of
audit followup and closure, expressing concerns regarding the way data were presented and
conclusions were reached.

OESE’s comments are summarized at the end of the finding. We did not make any changes to
the audit finding or the related recommendations as a result of OESE’s comments. The full text
of OESE’s response is included as Attachment 3 to this report.


FINDING NO. 1 – The Office of Elementary and Secondary Education’s Audit
                Followup Process Was Not Always Effective

We found that improvements are needed in OESE’s audit followup process. Specifically, we
found that OESE did not close audits timely and did not adequately maintain documentation of
audit followup activities.

Timeliness of Audit Closure

We reviewed the Department’s AARTS data to determine the number of external OIG audits that
were closed between October 1, 2008 and September 30, 2013. We noted that OESE closed
86 audits during this time period. Of the 86 closed audits, 59 (69 percent) were closed more than
2 years after resolution and 34 (40 percent) were closed more than 5 years after resolution. The
total of the monetary recommendations associated with the 86 audits was $587,490,310 as
depicted in Table 1.
Final Audit Report
ED-OIG/A19P0002                                                                                      Page 4 of 15

     Table 1. Count and Percentage 2 of OESE Closed Audits by Elapsed Time Between
                                 Resolution and Closure

Elapsed Time                 Number         Percentage of        Total of Monetary           Percentage of
                             of Audits         Audits            Recommendations              Monetary
                                                                                           Recommendations
Greater than 72                   9               10%                 $8,877,895                  2%
months
61 to 72 months                  25               29%               $193,843,790                    33%
49 to 60 months                   7                8%                $14,107,246                     2%
37 to 48 months                   9               10%                     $0                         0%
25 to 36 months                   9               10%                 $4,064,796                     1%
13 to 24 months                  13               15%               $115,617,698                    20%
Less than 13 months              14               16%               $250,978,885                    43%
Total                            86                                 $587,490,310

Documentation of Audit Followup Activities

We found that OESE did not always adequately maintain documentation of audit followup
activities. This included not maintaining supporting documentation of corrective actions in the
official audit file as well as not maintaining documentation that supported that requested
corrective actions were actually taken prior to audit closure. We reviewed audit followup
activities for a nonstatistical sample of 14 of the 86 audits noted above. 3 For these 14 audits,
OESE determined that 81 recommendations required corrective actions, to include $10,208,164
in monetary corrective actions. We found that OESE files did not adequately maintain
documentation for 68 out of 81 recommendations (84 percent), to include monetary corrective
actions totaling $7,967,097. OESE was subsequently able to provide documentation that
supported completion of corrective actions for 5 of these recommendations. OESE was
ultimately unable to provide support that corrective actions were taken for the remaining 63
recommendations, to include monetary corrective actions totaling $7,967,097. 4

Of the 63 recommendations for which OESE did not adequately maintain documentation, we
found that 40 (63 percent) were attributable to audits associated with entities that have been
designated by the Department as either high-risk or active engagement 5 grantees-- specifically
the Puerto Rico Department of Education (PRDE) and Virgin Islands Department of Education
(VIDE).




2
  Percentages do not add to 100 due to rounding.
3
  We selected all audits with monetary recommendations totaling $5 million or greater. In addition, we selected an
audit from a grantee designated by the Department as high-risk that had significant monetary findings albeit less
than the threshold noted.
4
  This amount includes $6.6 million from the audit Wyandanch Union Free School District’s ESEA Title I, Part A
and Title II Non-Salary Expenditures (ED-OIG/A02E0031), dated December 14, 2005.
5
  Active engagement grantees are States/Territories that the Department’s Risk Management Service (RMS)
Management Improvement Team is currently working with on risk management projects.
Final Audit Report
ED-OIG/A19P0002                                                                      Page 5 of 15

ACN A02-D0014: PRDE’s Title 1 Expenditures for the Period July 1, 2002 to
December 31, 2002, issued March 30, 2004

ACN A02-B0012: PRDE Did Not Administer Properly Title 1 Contracts with National School
Services of Puerto Rico for the 1999/2000 and 2000/2001 School Years, issued
September 28, 2001

We found that 25 of the 63 recommendations (40 percent) noted above for which corrective
actions were required but that OESE did not adequately maintain documentation for were
attributable to these PRDE audits. The resolution of these audits was covered by the terms of a
Compliance Agreement, entered into by the Department, Puerto Rico and PRDE on
October 25, 2004 (2004 Agreement). The 2004 Agreement was meant to address systematic
improvements that were needed in PRDE’s management of Department grants to ensure
compliance with Federal program and fiscal management requirements applicable to those
grants. Subsequently, on December 17, 2007, the Department entered into a Memorandum of
Agreement (MOA) with Puerto Rico and PRDE that governed the implementation, review, and
oversight of activities conducted by Puerto Rico and PRDE in compliance with, and in followup
to, certain terms and conditions of the 2004 Agreement, to include specific action steps that
needed to be taken. On that date, the Department also entered into a new three-year Compliance
Agreement with Puerto Rico and PRDE (2007 Agreement), because the Department determined
that PRDE needed more time to completely address several programmatic issues requiring
corrective actions.

In a determination letter issued to PRDE, dated July 16, 2009, RMS concluded that Puerto Rico
and PRDE had substantially satisfied requirements in the 2004 Agreement and had substantially
completed the action steps under the MOA in the areas of grants management, payroll, and
procurement, but that further work remained to be performed on certain action steps under the
MOA. We followed up with both OESE and RMS to obtain the specific documentation that
supported the completion of corrective actions/actions steps related to the selected PRDE audits.
Neither OESE nor RMS could identify documentation that provided evidence that the applicable
actions were taken.

ACN A02-C0012: The Virgin Islands Department of Education Did Not Effectively Manage Its
Federal Education Funds, issued September 30, 2003

We found that 15 of the 63 recommendations (24 percent) noted above for which corrective
actions were required but that OESE did not adequately maintain documentation for were
attributable to the VIDE audit. The resolution of this audit was covered by the terms of a
Compliance Agreement (Agreement) the Department entered into with the VIDE in 2002. The
Agreement required that VIDE implement a “credible financial system” in order to provide
accurate accounting of Federal funds. According to RMS, in 2005 the Department determined
that VIDE was unable to complete the corrective action, placed special conditions on the grantee,
and stopped Federal funding to VIDE. Since VIDE was unable to implement the financial
system, the Department imposed special conditions on VIDE, to include the procurement of a
third-party fiduciary that would manage Federal grant funds. This would allow VIDE to
continue to receive Federal funds while continuing the process of implementing a credible
financial system and making other systemic improvements. On August 25, 2006, VIDE awarded
Final Audit Report
ED-OIG/A19P0002                                                                      Page 6 of 15

a contract to provide the third-party fiduciary responsibilities over VIDE’s financial system. A
second contract was awarded on June 24, 2010, and is still in place.

Our initial review of OESE’s audit file determined that adequate supporting documentation was
not available to support completion of corrective actions. Upon our request for additional
information, OESE directed us to RMS noting that RMS was significantly involved in the audit
followup activities. RMS subsequently stated that the third-party fiduciary contract, the special
conditions placed on the grantee, and the results of single audits conducted in 2008 and 2013
provided support of corrective actions taken and provided related documentation for our review.
Based upon our review of RMS’ documentation, we determined the following:

   •   The third-party fiduciary contract provides evidence that a contract was awarded.
       However the contract itself does not provide evidence that the contractor was adequately
       carrying out the terms of the contract and related responsibilities under the Department’s
       special conditions or that VIDE was continuing work on implementation of a credible
       financial system.
   •   The 2008 single audit for the VIDE was issued in September 2010, nearly 6 months after
       the audit was closed in AARTS, and therefore could not have provided evidence that
       corrective actions had been taken at the time of audit closure. Further, we found that the
       report contained evidence to show that issues remained with the financial system, further
       indicating that VIDE had not completed required corrective actions with regard to
       implementation of a credible financial system.
   •   The 2013 single audit report was issued on July 30, 2014, over 4 years after the audit was
       closed, and therefore could not have provided evidence that corrective actions had been
       taken at the time of audit closure.

ACN A09-D0018: Charter Schools’ Access to Title I and IDEA, Part B Funds in the State of
California, issued March 29, 2004

We determined that 12 of the 63 recommendations (19 percent) for which inadequate
documentation was maintained were attributable to the audit, Charter Schools’ Access to Title I
and IDEA, Part B Funds in the State of California. OESE issued the program determination
letter (PDL) to the California Department of Education (CDE) on March 24, 2006. CDE
provided a response to the Department dated October 6, 2006, addressing corrective actions
taken or corrective actions planned in response to the actions required by the PDL. In some
cases no supporting documentation was provided as proof that actions were implemented. In
other cases, while CDE referenced attachments as support of actions taken, this documentation
was not maintained in the audit file. For those recommendations for which CDE identified
future corrective actions to be taken, we found no evidence that OESE followed up to determine
whether these corrective actions were actually taken. When asked for additional support, OESE
noted that they believed that the 2010 Student Achievement and School Accountability (SASA)
monitoring report addressed some of the required corrective actions. We subsequently reviewed
the 2010 SASA monitoring report and 2009-2010 monitoring plan. We were unable to identify
specific information that would support that required corrective actions were taken.
Final Audit Report
ED-OIG/A19P0002                                                                                           Page 7 of 15

ACN A02-E0031: Wyandanch Union Free School District’s ESEA Title I, Part A and Title II
Non-Salary Expenditures, issued September 14, 2005

We determined that 7 of the 63 recommendations (11 percent) for which inadequate
documentation was maintained were attributable to the audit, Wyandanch Union Free School
District's ESEA Title I, Part A and Title II Non-Salary Expenditures. OESE issued the PDL to
the New York State Department of Education (NYSED) on September 30, 2006. The PDL
required the NYSED to review, through an audit or other appropriate means, supporting
documentation to determine that Wyandanch's $6.6 million in Title I and II expenditures for the
audit period was allowable under those programs and resolve any findings of unallowable costs
in accordance with State audit resolution procedures including, as appropriate, repayment of
misspent Title I and Title II funds to ED. We found no evidence that OESE followed up with the
NYSED to determine that an audit or other appropriate action was taken to determine whether
the expenditures were allowable. We also found no evidence in the audit file that OESE
followed up with NYSED to determine that required actions were taken for the remaining six
recommendations. The Program Officer noted that she provided the audit team with all of the
documentation that was maintained for the audit.

ACN A09-G0020: Arizona Department of Education’s Oversight of the ESEA, Title I, Part A
Comparability of Services Requirement, issued March 26, 2007

We determined that 3 of the 63 recommendations (5 percent) for which inadequate
documentation was maintained were attributable to the audit, Arizona Department of Education’s
Oversight of the ESEA, Title I, Part A Comparability of Services Requirement. OESE issued the
PDL to the Arizona Department of Education (ADE) on October 3, 2007. ADE provided a
written response to the PDL on November 30, 2007. ADE’s response included a discussion of
corrective actions taken as well as hyperlinks to supporting documentation for two of the three
recommendations. OESE maintained ADE’s response in hard copy but did not maintain hard
copies of the supporting documentation found at the noted hyperlinks. When asked for the
supporting documentation, OESE subsequently provided links to information maintained on
ADE’s website. However the links were to information that was dated after the date of audit
closure. Because the supporting documentation post-dated the audit’s closure, we were unable to
confirm whether the required corrective actions were actually taken before the audit was closed.

In addition, the corrective action for one of the recommendations required ADE to review the
comparability 6 for four local education agencies (LEAs). ADE noted that it had determined the
comparability for three of the four LEAs, but that it was still waiting on a review of the fourth
LEA’s final worksheets. ADE noted that if it was unable to determine comparability, the
applicable amount of Title I funds would be returned to OESE. We found no evidence that
OESE followed up with ADE to determine whether funds were required to be returned. This
LEA received approximately $1.4 million in Title I funds.



6
  Section 1120A(c)(1) of the Elementary and Secondary Education Act stipulates that an LEA may receive Title I,
Part A funds only if it uses state and local funds to provide services in Title I schools that, taken as a whole, are at
least comparable to the services provided in schools not receiving Title I funds. If the LEA serves all of its schools
with Title I funds, the LEA must use state and local funds to provide services that, taken as a whole, are
substantially comparable in each Title I school.
Final Audit Report
ED-OIG/A19P0002                                                                      Page 8 of 15

ACN A05-G0033: Illinois State Board of Education's Compliance with the Title I, Part A,
Comparability of Services Requirement, issued June 7, 2007

We determined that 1 of the 63 recommendations (2 percent) for which inadequate
documentation was maintained were attributable to the audit, Illinois State Board of Education's
Compliance with the Title I, Part A, Comparability of Services Requirement. OESE issued the
PDL to the Illinois State Board of Education (ISBE) on July 9, 2010. We noted that OESE
entered into a Settlement Agreement (Agreement) with ISBE on July 7, 2011. The Agreement
pertained to the recovery of funds sought in the PDL. However the PDL also included non-
monetary corrective actions. Specifically, ISBE was required to provide evidence that it
included information in its Title I instructions regarding comparability and ensure that LEAs
with charter schools received training and technical assistance on the instructions. We found
evidence that the instructions were developed, but there was no documentation to support that
the training and technical assistance was provided.

OMB Circular A-50, “Audit Followup,” states that each agency shall establish systems to assure
the prompt and proper resolution and implementation of audit recommendations. These systems
shall provide for a complete record of action taken on both monetary and nonmonetary findings
and recommendations. It further states that corrective action is essential to improving the
effectiveness and efficiency of Government operations and should proceed as rapidly as possible.

The Department’s “Audit Resolution and Followup” (OCFO 1-106), dated January 29, 2013,
states that principal offices are subject to OMB A-50 and are responsible for conducting audit
followup responsibilities for external audits, including monitoring, ensuring implementation of
corrective actions, and requesting audit closure.

The Department’s Handbook, Section III, Chapter 5, Part B, places primary responsibility for
following up on nonmonetary determinations with AOs, who must have systems in place to
ensure that recommended corrective actions are implemented by auditees. Primary responsibility
for following up on monetary determinations rests with OCFO but with assistance from AOs.
The AO is responsible for maintaining an effective system that is documented with written
procedures for following up on corrective actions. The system must include procedures for
ensuring that auditees respond to requests for documentation used to determine whether
appropriate corrective action has been taken, analyzing documentation received from auditees to
determine whether corrective action has been taken, and following up with auditees until all
appropriate corrective action has been taken.

Further, the Handbook requires AOs to establish an official file folder for each audit report that
contains accurate records of all audit followup activities including all correspondence,
documentation from the auditee substantiating the corrective action taken, results of monitoring
visits, and relevant information from the next year’s audit that reports whether appropriate
corrective action was taken on a prior year finding. Each official file should also contain
documented evaluations or conclusions of the principal office that support the adequacy of the
corrective actions taken by the auditee, if not included in the PDL and/or occurring after the PDL
is issued.
Final Audit Report
ED-OIG/A19P0002                                                                          Page 9 of 15

Reasons for Ineffective Audit Followup Process

According to the Audit Team Lead for OESE, as of 2009 there was a backlog of audits that had
not been closed. At that time, individuals from suboffices within OESE that oversaw the
auditees were responsible for resolving and closing audits. These activities were not the
individuals’ primary responsibilities and as such did not appear to be a priority. Due to the
backlog, in 2010 OESE created a team within its Management Support Unit whose sole purpose
was to resolve and close OESE-assigned audits. We noted that median timeliness of audit
closure has generally improved over the last few years but still needs continued focus, as
depicted in Table 2.

                        Table 2. Median 7 Days Between Resolution and Closure
                                 for OESE Audits by Fiscal Year (FY)

                                                                      Median Number
                                                    Number of         of Days Between
                                     FY
                                                   Closed Audits      Audit Resolution
                                                                        and Closure
                                    2009                   6                523
                                    2010                  17               1233
                                    2011                   2                852
                                    2012                  34               2080
                                    2013                  27                620
                                    2014                  13                368
                                    2015                  16                784

During the exit conference, OESE noted that in some audits OESE may be assigned as the lead
office for followup and closure but other principal offices are assigned responsibility for
following up on and closing specific findings/recommendations within the audits. OESE may
complete work on its assigned findings, but it does not have the authority to require timeframes
within which other principal offices must complete work on theirs. OESE noted that there is a
disconnect in the process as the lead office is given responsibility for something that it does not
have complete control over.

Since the start of our audit, 24 of the 115 audits noted as closed in Table 2 have been deleted
from AARTS due to retention policies. Based upon our review of the remaining 91 audits in
AARTS we found that 28 (31 percent) had multiple principal offices assigned to the audit with
OESE being either the primary or lead office.

With regard to the high-risk/active engagement grantees, the Department’s AARTS designated
OESE as the primary office for the resolution and followup of the selected PRDE and VIDE
audits. However, it appears that the Department’s RMS conducted all of the related followup
activities. Specifically, RMS completed the Audit Clearance Document (ACD) for the selected
audits, which is the responsibility of the primary office, conducted site visits, and maintained

7
    We used the median to reduce the potential impact of extreme values.
Final Audit Report
ED-OIG/A19P0002                                                                      Page 10 of 15

quarterly performance reports. However RMS stated that OESE was responsible for making the
final determination of whether corrective actions were taken prior to closing the audits.
According to OESE, it did not have access to the RMS files and therefore could not ensure
appropriate supporting documentation was maintained to support completion of corrective
actions. OESE further acknowledged that there was a disconnect in the followup and closure
process in that while RMS conducted the majority of the followup activities, OESE was
responsible for closing the audits.

As stated in the Department’s Handbook, “The effectiveness of the post audit process depends
upon taking appropriate, timely action to resolve audit findings and their underlying causes, as
well as providing an effective system for audit close-out, record maintenance, and followup on
corrective actions.” Not ensuring that corrective actions are taken as quickly as possible allows
identified deficiencies to continue to exist. By not obtaining or maintaining appropriate
documentation to show requested corrective actions were completed, to include any changes to
required corrective actions after PDL issuance, OESE did not have assurance that identified
deficiencies were corrected. As such, the risk remains that related programs are not effectively
managed and funds are not being used as intended.

Recommendations

We recommend that the Assistant Secretary for OESE:

   1.1   Ensure that staff obtain and maintain adequate documentation to support completion of
         corrective actions and audit followup activities, in accordance with the Department’s
         external audit documentation and file requirements.

   1.2   Ensure that staff are following up with auditees until all appropriate corrective actions
         have been taken and that audits are being closed timely.

   1.3   For audits involving other principal offices where OESE has been designated as the
         primary office for resolution and followup, coordinate with the Department’s audit
         followup official as necessary to ensure principal office responsiveness and facilitate
         timely closure.

   1.4   Ensure that followup and closure activities are coordinated with RMS for high-risk and
         active engagement grantees and that applicable supporting documentation is maintained
         in the official audit file.

OESE Comments

In its response to the draft audit report, OESE agreed with the recommendations but did not
believe the audit report accurately reflected OESE’s progress in this area. Specifically, OESE
noted that the timeliness data were skewed by a number of audits that were subject to
administrative processes beyond OESE’s control, including the Department’s Cooperative Audit
Resolution Oversight Initiative (CAROI), hearings and appeals, and/or repayment plans. OESE
stated that it believed the auditors should have excluded all audits subject to these constraints
from their calculations and tables to accurately reflect audits OESE had direct control over
Final Audit Report
ED-OIG/A19P0002                                                                      Page 11 of 15

closing within 1 year, which OESE believes would be a better reflection of its ability to close
audits timely.

OESE also expressed a concern that the report did not account for corrective actions requiring
extended periods of time for full implementation which result in significant delays in audit
closure. OESE noted that its team has made efforts to work with grantees during resolution to
develop more efficient corrective action strategies and has begun to identify other avenues for
addressing outstanding issues including program monitoring and special conditions. However,
OESE noted that because of the complexities of some OIG audit findings, the corrective actions
stemming from these findings cannot be completed in a single year. OESE believes that, in these
instances, obtaining sufficient and complete corrective action is as important as satisfying audit
closure timeliness.

OESE further expressed concerns that the audit report did not accurately capture progress its
team made in audit closure timeliness. Specifically, OESE stated that the data contained in
Table 2 did not reflect the differences in the timeliness of audits resolved before and after the
inception of the new OESE team. Instead, it captured only the ages of the audits closed during
any given FY. OESE stated that, as a result, the data in the report serves only to highlight that
numerous older audits continued to need closure even after the creation of its new team. OESE
proposed a different methodology for capturing the OESE team’s performance since its inception
by tracking the median days between resolution and closure of audits resolved in a given FY.
OESE acknowledged that this method would exclude audits that have yet to be closed.

OESE stated that, in the past, it needed to improve the post-resolution follow-up and closure
process for OIG audits but noted that it has already made significant improvements in this area.
OESE noted that many of its existing process improvements directly responded to the
recommendations in the report. For recommendation 1.1, OESE’s Audit Resolution SOP’s
address audit file maintenance, including documentation of pre- and post-PDL corrective actions.
For recommendations 1.2, 1.3, and 1.4, OESE developed a “Corrective Action Tracker” in 2013
to monitor and track progress of post-PDL corrective action and audit closure, including both
A-133 and OIG audits and those subject to appeal and/or repayment. In FY 2015, OESE revised
its SOPs to facilitate the placement of special conditions if grantees fail to provide corrective
action in a timely manner.

OIG Response

We appreciate the efforts OESE has taken to improve the timeliness of audit followup and
closure. Our review included those audits where OESE was identified in AARTS as the lead or
primary office, which is the office responsible for ensuring corrective actions are taken and for
requesting and obtaining approval for audit closure. The audit is considered closed when OESE
ensures that all corrective actions, including funds repaid or settlement made, have been
implemented. Under the Department’s Handbook the primary/lead office is responsible for
timely audit followup and closure regardless of whether or not an audit is subject to one of the
conditions noted by OESE. OMB Circular A-50 also does not make any special
accommodations for such conditions. As such, OESE is still responsible for ensuring timely
audit followup even when the conditions noted exist. Additionally, while OESE stated that the
data presented in the report were skewed by these constraints, it did not provide any examples of
audits in the universe the OIG reviewed that were subject to these circumstances in order to
Final Audit Report
ED-OIG/A19P0002                                                                     Page 12 of 15

support its claims. Based upon our review of information contained in AARTS, we found no
information indicating that any of the audits in our universe were subject to the CAROI process
or were appealed. We did find that 11 of the audits were subject to a repayment plan. However,
repayment was made less than 3 months after the plans were signed and therefore would not
have delayed timely closure.

With regard to audits with corrective actions requiring extended periods of time to implement,
we agree that obtaining sufficient and complete corrective action is as important as satisfying
timely audit closure. We also agree with OESE’s statement that, as a result of the complexities
of some audit findings, the corrective actions stemming from those findings cannot be completed
in a single year. In our report, we specifically noted audits that required more than 2 years from
the issuance of the PDL to close. While OMB A-50 does not specify firm timeframes in this
area, it does require corrective actions to be taken “promptly.” We believe 2 years to be a
reasonable measure of promptness for the purposes of this audit and that audits requiring more
than that period of time to close due to complexities of corrective actions should be an exception
rather than the norm. We note that OESE’s own SOPs state that corrective actions should
require no more than 12 months from the issuance of the PDL to complete.

With regard to closure timeliness since inception of OESE’s new team, we do not agree that
OESE’s proposed methodology would be a more effective method of evaluating whether it was
making progress in the timely closure of audits. While we found that it provides a more
favorable picture of OESE’s performance in closing audits as noted in Table 3 below, the median
values using this methodology are not accurate or valid as they exclude resolved audits which
were not yet closed for four of the seven fiscal years we reviewed. Additionally, audits that were
resolved but were not closed in the same FY could be “overlooked” as they would not be
included in statistics reported for more current FYs since those audits would not be tracked in
subsequent years. The proposed methodology could lead to the program office ensuring that less
complex audits are closed timely in order to provide favorable results, while more complex
audits could be left open indefinitely and have no impact on the median time to closure in a
given FY. For example, when comparing data presented for FY 2012 under each methodology,
the older audits closed in a given FY, regardless of resolution date, resulted in days to closure
5 times greater (Table 2) than looking only at the number of audits resolved and closed during
the same FY (Table 3). The methodology used by OIG in presenting the results in Table 2
already shows that OESE is generally doing a better job of following up and closing audits while
also highlighting the impact of audits remaining unclosed for an extended period of time. It is
important that OESE ensures that all audits, regardless of age, are closed timely.
Final Audit Report
ED-OIG/A19P0002                                                                       Page 13 of 15

                   Table 3. Median Days Between Resolution and Closure
                   for OESE Audits by FY- OESE Proposed Methodology

                                                                           Percentage
                                                                   Number        of
                                     Number of        Median          of    Resolved
                     Total Audits
            FY                        Audits          Days for      Audits   Audits
                      Resolved
                                      Closed          Closure        Not    Excluded
                                                                   Closed     from
                                                                             Median
           2009            8               8           1,228          0         0%
           2010            1               1           1,017          0         0%
           2011            7               7            620           0         0%
           2012           19              18            406           1         5%
           2013           22              19            344           3        14%
           2014            8               5             49           3        38%
           2015            1               0          No data         1       100%

We did not make any changes to the audit finding or the related recommendations as a result of
OESE’s comments.



                  OBJECTIVE, SCOPE, AND METHODOLOGY


The objective of our audit was to evaluate the effectiveness of the Department’s process to
ensure that external auditees implement corrective actions as a result of OIG audits. To
accomplish our objective, we gained an understanding of the Department’s and OESE’s
followup and closure processes for external OIG audits. We reviewed applicable laws and
regulations and Department and OESE policies and procedures including OMB Circular A-50
and the Department’s Handbook for the Post Audit Process, dated June 22, 2007. We also
reviewed prior OIG audit reports relevant to our audit objective. We conducted interviews with
OESE staff responsible for following up and closing corrective actions for the audits selected.
We reviewed documentation provided by OESE staff to support the corrective actions taken for
the recommendations included in our review as identified in the PDL.

The scope of our audit included OIG audits of programs at external entities with monetary or
nonmonetary findings that were assigned to OESE for resolution and followup and reported by
the Department’s AARTS and the OIG’s Audit Tracking System (ATS) as closed during the
period October 1, 2008 to September 30, 2013.

Overall, we identified a total of 86 closed audits in the universe. We selected a nonstatistical
sample of 14 audits for our review. The 14 audits consisted of all audits that had monetary
findings of $5 million or more and an audit from a grantee designated by the Department as
high-risk that had significant monetary findings albeit less than the threshold noted. We
excluded any internal and non-sustained recommendations included in these audits from our
Final Audit Report
ED-OIG/A19P0002                                                                        Page 14 of 15

review. Overall, the 14 audits in our review included a total of 81 recommendations. A
complete listing of the selected audits is included as Attachment 2 to this report. Because there
is no assurance that the nonstatistical sample used in this audit is representative of the respective
universe, the results should not be projected over the unsampled audits.

We also obtained a listing from AARTS of audits closed by OESE between October 1, 2013 and
June 11, 2015, subsequent to our audit scope period. We conducted a limited analysis of these
audits to determine the timeliness of audits closed during this more current time period. 8

We relied on computer-processed data obtained from the Department’s AARTS and OIG’s ATS
to identify OIG external audits closed during the scope period. We reconciled the data in these
two systems to ensure that we captured all audits closed during this period. Based on this
assessment, we determined that the computer-processed data were sufficiently reliable for the
purpose of this audit.

We conducted fieldwork at Department offices in Washington, DC, during the period
February 2014 through June 2015. We provided our audit results to Department officials during
an exit conference conducted on June 30, 2015.

We conducted this performance audit in accordance with generally accepted government
auditing standards. Those standards require that we plan and perform the audit to obtain
sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions
based on our audit objectives. We believe that the evidence obtained provides a reasonable basis
for our findings and conclusions based on our audit objective.



                                     ADMINISTRATIVE MATTERS


Corrective actions proposed (resolution phase) and implemented (closure phase) by your office
will be monitored and tracked through the Department’s Audit Accountability and Resolution
Tracking System. Department policy requires that you develop a final corrective action plan
(CAP) for our review in the automated system within 30 days of the issuance of this report. The
CAP should set forth the specific action items, and targeted completion dates, necessary to
implement final corrective actions on the finding and recommendations contained in this final
audit report.

In accordance with the Inspector General Act of 1978, as amended, the OIG is required to report
to Congress twice a year on the audits that remain unresolved after 6 months from the date of
issuance.

In accordance with the Freedom of Information Act (5 U.S.C. § 552), reports issued by the OIG
are available to members of the press and general public to the extent information contained
therein is not subject to exemptions in the Act.


8
    See page 9 for the results of this review.
Final Audit Report
ED-OIG/A19P0002                                                                     Page 15 of 15

We appreciate the cooperation given us during this review. If you have any questions, please
call Michele Weaver-Dugan at (202) 245-6941.


                                            Sincerely,


                                            Patrick J. Howard /s/
                                            Assistant Inspector General for Audit
                                                                       Attachment 1

             Acronyms/Abbreviations/Short Forms Used in this Report

AARTS            Audit Accountability and Resolution Tracking System

ACD              Audit Clearance Document

ADE              Arizona Department of Education

ALO              Audit Liaison Officer

AO               Action Official

ATS              Audit Tracking System

CAP              Corrective Action Plan

CAROI            Cooperative Audit Resolution Oversight Initiative

CDE              California Department of Education

Department       U.S. Department of Education

FY               Fiscal Year

Handbook         Handbook for the Post Audit Process

ISBE             Illinois State Board of Education

LEA              Local Education Agency

MOA              Memorandum of Agreement

NYSED            New York State Department of Education

OCFO             Office of the Chief Financial Officer

OESE             Office of Elementary and Secondary Education

OIG              Office of Inspector General

OMB              Office of Management and Budget

PDL              Program Determination Letter

PRDE             Puerto Rico Department of Education
RMS    Risk Management Service

SASA   Student Achievement and School Accountability

SOP    Standard Operating Procedures

VIDE   Virgin Islands Department of Education
                                                                             Attachment 2

                       OESE Audits Included in This Review

Audit Control
  Number                                    Audit Report Title
 A02G0002       Audit of New York State Education Department’s Reading First Program
 A06E0008       Audit of the Title I Funds Administered by the Orleans Parish School
                Board
  A09J0004      Colorado Department of Education’s Use of Federal Funds for State
                Employee Personnel Costs
 A09D0018       Charter Schools’ Access to Title I and IDEA, Part B Funds in the State of
                California
 A09G0020       Arizona Department of Education’s Oversight of the ESEA, Title I, Part A
                Comparability of Services Requirement
 A02D0014       Puerto Rico Department of Education’s Title I Expenditures for the Period,
                July 1, 2002 to December 31, 2002
 A02E0031       Wyandanch Union Free School District’s Elementary and Secondary
                Education Act Title I, Part A and Title II Non-Salary Expenditures
 A05G0033       Illinois State Board of Education’s Compliance with the Title I, Part A,
                Comparability of Services Requirement
 A06G0009       Audit of the Hurricane Education Recovery Act, Temporary Emergency
                Impact Aid for Displaced Students Requirements at the Texas Education
                Agency and Applicable Local Education Agencies
 A02B0012       Puerto Rico Department of Education Did Not Administer Properly Title I
                Contracts with National School Services of Puerto Rico for the 1999/2000
                and 2000/2001 School Years
 A01A0004       Puerto Rico Department of Education Did Not Administer Properly a
                $9,700,000 Contract with National School Services of Puerto Rico
 A06G0010       Louisiana Department of Education’s Compliance with Hurricane
                Education Recovery Act, Temporary Emergency Impact Aid for Displaced
                Students Requirements
 A04G0015       Audit of Georgia Department of Education’s Emergency Impact Aid
                Program Controls and Compliance
 A02C0012       The Virgin Islands Department of Education Did Not Effectively Manage
                Its Federal Education Funds
                                Attachment 3
OESE Response to Draft Report