Finding 1240439 (2025-005)

Material Weakness Repeat Finding
Requirement
G
Questioned Costs
-
Year
2025
Accepted
2026-10-14
Audit: 414946
Organization: Guam Department of Education (GU)

AI Summary

  • Core Issue: GDOE reduced financial support for special education by $578,698 compared to the previous year, violating federal requirements.
  • Impacted Requirements: Noncompliance with 34 CFR 300.163(a) on maintaining funding levels and exceeding the 5% cap on administrative costs.
  • Recommended Follow-Up: GDOE should improve monitoring of financial support and administrative costs to ensure compliance and timely corrective actions.

Finding Text

Finding No.: 2025-005 – Matching, Level of Effort, Earmarking Identification of the federal program: Federal Agency: U.S. Department of Education AL No. and Title: 84.027 Special Education Cluster (IDEA) Federal Award No.: H027A230013, H027A250013 Criteria or specific requirement (including statutory, regulatory or other citation) #1: 34 CFR 300.163(a) states: (a) General. A State must not reduce the amount of State financial support for special education and related services for children with disabilities, or otherwise made available because of the excess costs of educating those children, below the amount of that support for the preceding fiscal year. Criteria or specific requirement (including statutory, regulatory or other citation) #2: 34 CFR 300.208 Permissive use of funds states: (a) Uses. Notwithstanding §§ 300.202, 300.203(b), and 300.162(b), funds provided to an LEA under Part B of the Act may be used for the following activities: (1) Services and aids that also benefit nondisabled children. For the costs of special education and related services, and supplementary aids and services, provided in a regular class or other education-related setting to a child with a disability in accordance with the IEP of the child, even if one or more nondisabled children benefit from these services. (2) Early intervening services. To develop and implement coordinated, early intervening educational services in accordance with § 300.226. (3) High cost special education and related services. To establish and implement cost or risk sharing funds, consortia, or cooperatives for the LEA itself, or for LEAs working in a consortium of which the LEA is a part, to pay for high cost special education and related services. 34 CFR 300.704(b) Other State-level activities states: (4) Funds reserved under paragraph (b)(1) of this section also may be used to carry out the following activities: (i) For support and direct services, including technical assistance, personnel preparation, and professional development and training. The approved Guam application for Federal Fiscal Year (FFY) IDEA Part B funds further provides that each outlying area may reserve for State Administration not more than 5 percent of the amount received under the program or $35,000, whichever is greater. Condition #1: GDOE’s financial support for special education and related services for children with disabilities in the current year decreased by $578,698 compared to preceding fiscal year. Condition #2: GDOE exceeded the 5% maximum spending for administration costs (earmarking requirement). Cause #1: GDOE does not have procedures to regularly monitor and track state financial support for special education and related services of participating agencies. GDOE’s current policies and procedures only require participating agencies to submit completed Documentation of Maintenance of State Financial Support form that identifies the total local funding by August 31 of each year. GDOE did not have sufficient time to resolve the resulting deficiency prior to year-end. Cause #2: GDOE did not consistently classify state, non-state administrative costs and other State-level activities in accordance with State Administration activity requirements, resulting in costs being erroneously classified as non-State administrative activities. Effect or Potential Effect: GDOE is in noncompliance with applicable level of effort and earmarking requirements. Questioned Costs #1: $578,698. The questioned costs relate to the deficiency of financial support in the current year. Questioned Costs #2: Undeterminable Context #1: We compared GDOE’s financial support for special education and related services for children with disabilities in the current fiscal year against the preceding fiscal year and noted current fiscal year’s financial support of $17,460,477 is below the amount of support for the preceding fiscal year of $18,039,175. Context #2: We identified 8,664 transactions totaling approximately $16.6 million charged to the program that are classified as non-State administrative activities. We tested 40 transactions totaling $89,602. The samples were statistically valid. Of 40 transactions tested, two transactions (or 5%) appear to be improperly classified as non-State administration costs, as follow: Item # Invoice Number Description Cost 1 FD250147 Conferences/registration fees $2,490 2 TVL50525 Hotel 654 $3,144 The expenditures do not meet the criteria for permissive use of funds and appear to meet the criteria for other State-level activities, for which GDOE does not reserve funds for. At the error rate identified of 5%, we project that total expenditures improperly classified as non-State administration costs is approximately $583,516. As a result, GDOE approximately exceeded the 5% maximum threshold for administrative costs by $600,731 (calculated as $1,539,410 approximate administrative costs less $938,679 maximum amount). Identification as a repeat finding, if applicable: This is not a repeat finding. Recommendation #1: GDOE should strengthen periodic monitoring procedures and coordination with participating state agencies to track state financial support for special education and related services throughout the fiscal year. GDOE should obtain periodic expenditure information, compare projected expenditures to the prior-year maintenance level, and communicate potential shortfalls timely to allow corrective action before fiscal year-end. Recommendation #2: GDOE should enhance monitoring of state and non-state administrative costs for appropriate evaluation throughout the fiscal year. View of Responsible Officials: GDOE agrees with the finding and provides details in its Corrective Action Plan.

Corrective Action Plan

Finding No.: 2025-005 Federal Agency: U.S. Department of Education AL Program: 84.027 Special Education Cluster (IDEA) Area: Matching, Level of Effort, Earmarking Questioned Costs: $578,698 Views of Auditee and Corrective Actions GDOE agrees with the finding and recognizes the need to strengthen its monitoring of Maintenance of State Financial Support (MFS) and the classification of IDEA administrative and State-level activities. GDOE will strengthen its MFS monitoring process by conducting quarterly reviews of State financial support for special education and related services throughout the fiscal year. The Special Education Division (SPED), SPED CMO, and GDOE Business Office will coordinate with applicable State agencies to obtain expenditure information, compare current-year support with the prior-year level, and identify potential shortfalls before year-end. The MFS calculation and supporting documentation will be reviewed and maintained annually to ensure timely identification and correction of potential deficiencies. GDOE will also strengthen its review and classification of IDEA expenditures to ensure State Administration, other State-level activities, and program costs are appropriately identified. The Special Education Division, SPED CMO, and Business Office will conduct quarterly reviews of administrative expenditures, including training, conferences, technical assistance, and travel, to ensure costs are properly classified and monitored against the applicable administrative cost limitation. Staff responsible for IDEA expenditures will receive guidance on the appropriate classification and documentation of these costs. Transactions identified as potentially misclassified will be reviewed and corrected, as appropriate. Plan of action and completion date: Initial corrective actions, including implementation of the monitoring procedures and staff guidance, will be completed within 90–120 days. Thereafter, MFS and IDEA administrative cost monitoring will be conducted and documented quarterly throughout each fiscal year. Plan to monitor and responsible officials: The Special Education Division (SPED), SPED CMO, and GDOE Business Office will be responsible for implementing and monitoring the corrective actions described above.

Categories

Matching / Level of Effort / Earmarking

Other Findings in this Audit

  • 1240437 2025-003
    Material Weakness Repeat
  • 1240438 2025-004
    Material Weakness Repeat
  • 1240440 2025-006
    Material Weakness Repeat
  • 1240441 2025-007
    Material Weakness Repeat
  • 1240442 2025-006
    Material Weakness Repeat
  • 1240443 2025-008
    Material Weakness Repeat
  • 1240444 2025-009
    Material Weakness Repeat
  • 1240445 2025-006
    Material Weakness Repeat
  • 1240446 2025-008
    Material Weakness Repeat
  • 1240447 2025-010
    Material Weakness Repeat
  • 1240448 2025-011
    Material Weakness Repeat
  • 1240449 2025-012
    Material Weakness Repeat
  • 1240450 2025-013
    Material Weakness Repeat
  • 1240451 2025-016
    Material Weakness Repeat
  • 1240452 2025-014
    Material Weakness Repeat
  • 1240453 2025-015
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
84.425 EDUCATION STABILIZATION FUND $104.55M
84.403 CONSOLIDATED GRANT TO THE OUTLYING AREAS $31.97M
10.555 NATIONAL SCHOOL LUNCH PROGRAM $18.92M
84.027 SPECIAL EDUCATION GRANTS TO STATES $17.63M
84.181 SPECIAL EDUCATION-GRANTS FOR INFANTS AND FAMILIES $1.32M
84.372 STATEWIDE LONGITUDINAL DATA SYSTEMS $829,750
10.558 CHILD AND ADULT CARE FOOD PROGRAM $729,155
10.560 STATE ADMINISTRATIVE EXPENSES FOR CHILD NUTRITION $422,772
84.371 COMPREHENSIVE LITERACY DEVELOPMENT $413,244
84.424 STUDENT SUPPORT AND ACADEMIC ENRICHMENT PROGRAM $399,417
12.U01 ARMY JROTC $383,083
93.092 AFFORDABLE CARE ACT (ACA) PERSONAL RESPONSIBILITY EDUCATION PROGRAM $318,367
12.U02 AIR FORCE JROTC $283,717
93.600 HEAD START $254,036
84.323 SPECIAL EDUCATION - STATE PERSONNEL DEVELOPMENT $224,613
15.875 ECONOMIC, SOCIAL, AND POLITICAL DEVELOPMENT OF THE TERRITORIES $164,642
12.U03 MARINE JROTC $153,980
10.541 CHILD NUTRITION-TECHNOLOGY INNOVATION GRANT $146,754
10.579 CHILD NUTRITION DISCRETIONARY GRANTS LIMITED AVAILABILITY $101,212
10.645 FARM TO SCHOOL STATE FORMULA GRANT $68,969
10.574 TEAM NUTRITION GRANTS $59,033
10.568 EMERGENCY FOOD ASSISTANCE PROGRAM (ADMINISTRATIVE COSTS) $43,322