Compliance Agreement, 60186-60199 [E7-20842]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 72, Number 204 (Tuesday, October 23, 2007)]
[Notices]
[Pages 60186-60199]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20842]



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Part V





Department of Education





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Compliance Agreement; Notice

Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / 
Notices

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DEPARTMENT OF EDUCATION


Compliance Agreement

AGENCY: Department of Education.

ACTION: Notice of written findings, compliance agreement with the 
Commonwealth of Puerto Rico and the Puerto Rico Department of 
Education, and subsequent actions.

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SUMMARY: This notice is being published in the Federal Register 
consistent with sections 457(b)(2) and (d) of the General Education 
Provisions Act (GEPA). Section 457 of GEPA authorizes the U.S. 
Department of Education (the Department) to enter into a compliance 
agreement with a recipient that is failing to comply substantially with 
Federal program requirements and for whom the Department determines 
that full compliance is not feasible until a future date. Section 
457(b)(2) requires the Department to publish written findings leading 
to a compliance agreement, with a copy of the compliance agreement, in 
the Federal Register. If a recipient fails to comply with the terms and 
conditions of a compliance agreement, the Secretary may take any action 
authorized by law with respect to the recipient.
    On October 25, 2004, the Department entered into a compliance 
agreement (Agreement) with the Commonwealth of Puerto Rico (Puerto 
Rico) and the Puerto Rico Department of Education (PRDE) because PRDE 
was failing to comply substantially with numerous Federal requirements, 
and it was clear to the Department from all available information that 
PRDE would not be able to come into full compliance with applicable 
Federal requirements for the administration of Department programs 
until a future date. The Agreement applied to all grant funds awarded 
to Puerto Rico and PRDE by the Department's Offices of Special 
Education and Rehabilitative Services; Elementary and Secondary 
Education; English Language Acquisition, Language Enhancement and 
Academic Achievement for Limited English Proficient Students; 
Vocational and Adult Education; Innovation and Improvement; and 
Postsecondary Education. Prior to, and during the term of, the 
Agreement, the Department and PRDE have been working collaboratively to 
resolve a backlog of PRDE audits dating back to 1994 and, through 
jointly developed corrective action plans, to address a range of 
longstanding problems in PRDE's administration of Federal grants in the 
areas of grants management, payroll, financial management, property 
management, and procurement.

FOR FURTHER INFORMATION CONTACT: Mr. Phil Maestri, U.S. Department of 
Education, Office of the Secretary, 400 Maryland Avenue, SW., Room 
7E206, Washington, DC 20202-6132. Telephone: (202) 205-3511.
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed under FOR FURTHER 
INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION: PRDE is a State educational agency (SEA) 
that receives grant funds under a number of programs administered by 
the Department, including programs authorized under the Elementary and 
Secondary Education Act of 1965, as amended; the Carl D. Perkins Career 
and Technical Education Act of 2006 (formerly the Carl D. Perkins 
Vocational and Technical Education Act); the Adult Education and Family 
Literacy Act; and the Individuals with Disabilities Education Act. 
Because of longstanding and recurring audit findings of fiscal and 
programmatic accountability deficiencies in the administration of 
Department programs by PRDE and several other agencies in Puerto Rico 
with management responsibility for Department funds, in 2002 the 
Department designated PRDE a ``high-risk'' grantee under the authority 
of 34 CFR 80.12. At that time, the Department imposed special 
conditions on all Department grants awarded to PRDE because of its 
history of unsatisfactory performance, as uncovered by audits dating 
back to 1994. Audit findings were recurrent over several years and 
involved such issues as missing or inadequate documentation to support 
procurements, lack of proper accounting procedures, mismanagement of 
property, and improper payroll costs.
    In September 2003, the Department and PRDE began a collaborative 
effort, under the Department's Cooperative Audit Resolution and 
Oversight Initiative (CAROI) to resolve jointly the backlog of 
unresolved PRDE audits, which contained over six hundred audit findings 
dating back to 1994. Through this effort, PRDE made some progress in 
establishing controls to improve its payroll and procurement processes 
and its grants management system, to enable it to address a number of 
the recurring audit issues and make systemic changes. However, it 
appeared that it would take additional time to address completely the 
underlying issues and longstanding systemic problems that led to the 
large number of audit findings that PRDE was attempting to resolve.
    Therefore, the Department proposed the possibility of Puerto Rico, 
PRDE, and the Department entering into a compliance agreement, pursuant 
to section 454 of GEPA, that would apply to all Department grants 
awarded to, and administered by, PRDE. The purpose of the compliance 
agreement would be to bring PRDE ``into full compliance with the 
applicable requirements of the law as soon as feasible and not to 
excuse or remedy past violations of such requirements.'' \1\ 20 U.S.C. 
1234f(a). Under a compliance agreement, PRDE would have up to three 
years to continue its efforts to address the audit findings and 
underlying problems by implementing significant changes and 
improvements in grant administration, payroll, financial and property 
management, and procurement in order to come into full compliance with 
Federal requirements related to the programs under which the Department 
awards grants to PRDE. In order to enter into a compliance agreement 
with Puerto Rico and PRDE, the Department had to determine, in written 
findings, that PRDE would not be able to comply until a future date 
with the applicable program requirements and that a compliance 
agreement would be a viable means for bringing about such compliance.
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    \1\ Section 454 of GEPA, 20 U.S.C. 1234c, sets out the remedies 
available to the Department when it determines that a recipient ``is 
failing to comply substantially with any requirement of law 
applicable'' to the Federal program funds administered by this 
agency. Specifically, the Department is authorized to--
    (1) Withhold funds;
    (2) Obtain compliance through a cease and desist order;
    (3) Enter into a compliance agreement with the recipient; or
    (4) Take any other action authorized by law.
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    In accordance with the requirements of section 457(b) of GEPA, 20 
U.S.C 1234f(b), Department officials conducted a public hearing in 
Puerto Rico in October 2004. Witnesses representing PRDE and other 
concerned individuals testified at this hearing on whether a compliance 
agreement with Puerto Rico and PRDE would be appropriate. The 
Department reviewed this testimony and all other relevant materials and 
concluded that, while the Department had been working closely with 
Puerto Rico, PRDE, and other Puerto Rico agencies to address the major 
issues that PRDE had been facing in administering Department grant

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programs, it was clear that the problems could not be corrected by PRDE 
immediately and that PRDE would need more than one year to correct 
them. Therefore, the Department, Puerto Rico, and PRDE entered into the 
Agreement, a comprehensive compliance agreement with a three-year term. 
The Agreement, which incorporated the Department's written findings, 
gave PRDE time to develop integrated and systemic solutions to problems 
in managing its Department funds and programs. Under the terms of the 
Agreement, by the end of the three-year term, PRDE is supposed to be in 
full compliance with the requirements of all programs funded by the 
Department. The Agreement became effective on October 25, 2004 and is 
set to expire on October 25, 2007.
    Upon entering into the Agreement, the Department removed PRDE's 
``high-risk'' designation related to the audit findings and underlying 
problems, based upon PRDE's demonstration of initiative and commitment 
to resolving the problems that had led to the ``high-risk'' 
designation, and upon PRDE's willing and effective collaboration with 
the Department. Also upon entering into the Agreement, the Department 
and PRDE worked together to develop corrective action plans covering 
grants management, payroll, property management, and procurement. These 
plans contained goals, action steps, and objectives to guide PRDE into 
full compliance with Federal requirements applicable to the grants that 
it receives from the Department. The Department has been closely 
monitoring PRDE's progress in implementing these corrective action 
plans through site visits, conference calls, meetings, and reviews of 
PRDE's periodic written reports. In addition, in July 2006, the 
Department and PRDE collaboratively resolved the backlog of audit 
findings from audit reports issued for fiscal years 1994 through 2003; 
in May 2007, they resolved the fiscal year 2004 single audit of PRDE; 
and in September 2007, they resolved, in large part, the fiscal year 
2005 single audit of PRDE. The Department is currently working with 
PRDE to determine the full extent of PRDE's progress under the 
compliance agreement and corrective action plans, and the effect of 
such progress. Based on this assessment, the Department is also 
determining next steps for PRDE following the expiration of the 
Agreement.
    As required by section 457(b)(2) of GEPA, 20 U.S.C. 1234f(b)(2), 
the Agreement (which incorporates the Department's written findings in 
the sections entitled ``Overview of Issues Addressed by this Compliance 
Agreement'' and ``Removal of `High-Risk' Designation'') is included as 
appendix A of this notice.

Electronic Access to This Document

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nara/.

(Authority: 20 U.S.C. 1234c, 1234f).

    Dated: October 18, 2007.
Hudson La Force III,
Senior Counselor to the Secretary of Education.

Appendix A--Compliance Agreement Among The Commonwealth of Puerto Rico, 
The Puerto Rico Department of Education, and The United States 
Department of Education

October 25, 2004

I. Overview of Issues Addressed by This Compliance Agreement

    The Puerto Rico Department of Education (PRDE) has been undertaking 
a large-scale endeavor to address long-standing, systemic issues faced 
by PRDE, including the resolution of audit findings issued by auditors 
dating back to 1994. PRDE has been putting forth great effort to 
rebuild, to make important changes, to improve education services to 
students, and to restore the trust and credibility previously lost by 
PRDE. A number of these activities have been undertaken in accordance 
with special conditions imposed on PRDE's grants, with technical 
assistance by the U.S. Department of Education (the Department), and as 
part of an initiative undertaken between PRDE and the Department, under 
the Department's Cooperative Audit Resolution and Oversight Initiative 
(CAROI). Although the Department has been working closely and 
productively with PRDE in recent months to address these major issues, 
it appears that it will take more than one year to completely address 
some of the long-standing, systemic problems that PRDE is working so 
hard to correct, and it will also take the continued cooperation of 
other parts of the Puerto Rico government. Therefore, the Department is 
entering into this comprehensive, three-year Compliance Agreement 
(Agreement) with the Commonwealth of Puerto Rico (Puerto Rico) and 
PRDE.
    Through this Agreement, Puerto Rico and PRDE, with assistance from 
the Department, agree to develop or complete integrated and systemic 
solutions to problems they have had in the management of Federal 
education funds and programs. The issues are being carefully examined 
and addressed from the perspective of PRDE and other Puerto Rico 
agencies with management responsibility for resources or programs that 
have an impact on education in Puerto Rico. Solutions involve re-
engineering systems and processes and the increased use of technology. 
In addition, solutions must address communication and cooperation among 
Puerto Rico agencies, including PRDE (including its Office of Federal 
Affairs (OFA)), Departmento de Hacienda, Oficina de Gerencia y 
Presupuesto (OGP), and Banco Gubernamental de Fomento. Whatever the 
solutions Puerto Rico and PRDE choose to implement, they should seek to 
ensure the best educational systems possible for the students of Puerto 
Rico. It is also understood that by the end of the term of this 
Agreement, Puerto Rico, and PRDE in particular, must be in full 
compliance with the requirements of all programs funded by the 
Department.
    This Compliance Agreement is also intended to ensure an effective 
planning and evaluation process throughout PRDE's programs and 
initiatives. Planning and evaluation processes are the basis for 
determining program goals, current status, improvement needs, budgets, 
resources, effectiveness of results, and other important aspects of 
effective program management. Through this Agreement, Puerto Rico and 
PRDE will improve program planning and evaluation for education 
programs and use the plans and evaluation results to drive management 
and resource decisions.
    This Compliance Agreement addresses the following issue areas: 
Grants Management generally, Grants Management for several specific 
program areas, Payroll, and Procurement and Property Management. This 
Agreement lists specific tasks, goals, and measurable objectives for 
each issue area. Action steps and substeps with corresponding 
timelines, the persons and offices responsible for carrying out 
specific tasks, and

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underlying problems resolved by Puerto Rico's compliance with each 
task, goal, and action step, will be contained more fully in the Puerto 
Rico Action Plans that will be completed within the next thirty days 
and will be incorporated into the Agreement by reference.
    The General Grants Management Task contained in this Agreement 
(Task 1.0) applies to the administration of all Federal education 
programs administered by PRDE. In addition to the general section on 
Grants Management, Tasks 2.0 through 5.0 below contain additional, 
program-specific tasks, goals, and steps, which will apply to the 
administration of specific areas or programs, as noted, including the 
Community Schools, the Vocational Education Program, authorized under 
the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 
U.S.C. 2301, et seq.), the Adult Education Program, authorized under 
the Adult Education and Family Literacy Act (20 U.S.C 9201 et seq.), 
and the Special Education Program, authorized under Part B of the 
Individuals with Disabilities Education Act (20 U.S.C. 1401, et seq.).
    The Department will review Puerto Rico's and PRDE's progress in 
meeting the terms of this Agreement by assessing the systemic 
approaches and degree of integration that Puerto Rico and PRDE bring in 
designing and implementing solutions to the complex problems in each of 
the crosscutting areas, by the demonstrated communication, cooperation, 
and organizational culture change toward ``getting the work done 
right,'' and by assessing Puerto Rico's and PRDE's completion of 
corrective action steps. The approaches adopted by Puerto Rico and PRDE 
should include effective planning and evaluation of resource and 
management decisions that are designed to produce better educational 
results.
    In making the critical systemic and organizational changes required 
to meet the terms of this Compliance Agreement, it is important to 
understand that the Agreement is not only designed to bring about 
compliance with Federal requirements but toward improving education for 
the students of Puerto Rico. In the end, the Department and Puerto Rico 
will judge success by compliance with all requirements and by 
determining how well Puerto Rico has improved educational programs by 
meeting applicable requirements and the terms of this Compliance 
Agreement.

II. Removal of ``High-Risk'' Designation

    In 2002, the Department designated PRDE a ``high-risk'' grantee, 
under authority of Sec.  80.12 of the Education Department General 
Administrative Regulations (EDGAR) (34 C.F.R. 80.12). At that time, 
special conditions were placed on all Department grants awarded to PRDE 
because of its history of unsatisfactory performance, as uncovered by 
audits dating back to 1994. The Department's special conditions were 
intended to bring about necessary changes to Federal program 
administration in Puerto Rico that would ultimately bring it into 
compliance with all Federal program requirements. The special 
conditions were intended to result in important improvements to Federal 
grants administration in Puerto Rico so that the systemic problems 
uncovered by the auditors would be corrected and would not reoccur. In 
addressing the special conditions, and in conjunction with CAROI, as 
outlined below, PRDE has taken numerous steps to address underlying 
problems.
    Since September 2003, the Department and PRDE have been working 
together in a collaborative effort under the CAROI process, to jointly 
resolve the backlog of unresolved PRDE audits, which contain over six 
hundred audit findings dating back to 1994. As a result of this effort, 
PRDE has already taken steps and established controls to improve its 
payroll and procurement processes and its management of grants to 
address numerous recurring audit issues and make systemic changes. It 
has assigned knowledgeable staff to this task and has employed expert 
contractors to assist in this effort. PRDE has sought to come into 
compliance with Federal requirements with the ultimate goal of 
improving educational services to all students in Puerto Rico.
    One of the most significant steps Puerto Rico and PRDE have taken 
is the creation of both an Internal Audit Office and an Audit Oversight 
Committee that will provide independent review and oversight of Puerto 
Rico and PRDE activities and will assure Puerto Rico and PRDE's 
commitment to maintaining a strong control environment, quality 
financial reporting, and compliance with program objectives and 
regulations. The signing of the legislation for the Audit Oversight 
Committee, on August 5, 2004, was a very positive step that 
demonstrated the commitment and strides Puerto Rico and PRDE are taking 
to protect the Federal funds they receive and to help ensure they meet 
the fiscal and programmatic responsibilities under all Federal 
programs. PRDE has worked very effectively with the Department and has 
generally committed itself to improving its Federal program 
administration by placing a high priority on addressing and ultimately 
eliminating what had been found to be serious problems.
    Since PRDE has demonstrated great initiative and commitment to 
resolving the problems that led to the 2002 ``high-risk'' designation, 
in recognition of the progress shown by PRDE, upon execution of this 
Agreement, the Department will remove PRDE's ``high-risk'' designation. 
However, all special conditions currently applicable to Federal 
education grants awarded to PRDE remain in effect. The Department will 
work with PRDE within thirty days to eliminate possible duplication of 
effort in the special conditions and in this Agreement including with 
respect to reporting requirements. In lieu of the ``high-risk'' 
designation, during the first six months following execution of this 
Agreement, i.e., the early implementation phase of this Agreement, PRDE 
will be on ``probationary status.'' During this period, the Department 
and PRDE will continue the close, cooperative relationship that has 
characterized their work under the CAROI initiative, but the Department 
will scrutinize very carefully the progress that PRDE is making under 
the Agreement. The Department will remain available to provide PRDE 
with technical assistance that is needed, and it will also oversee the 
progress made by PRDE on its Federal program administration, consistent 
with the terms of this Agreement. PRDE will remain committed to 
continued and timely movement toward full compliance with Federal 
requirements.

III. Consequences for Not Meeting the Terms and Conditions of This 
Agreement

A. Mutual Agreements and Understandings Regarding the Terms, Conditions 
and Enforcement of This Compliance Agreement

Severability
    The parties agree that this Compliance Agreement includes terms and 
conditions that apply to the various Federal programs included in the 
Agreement (hereafter ``covered Federal programs'') and also terms and 
conditions that are program specific. To that end, the parties agree 
that each such term and condition for each covered Federal program may 
constitute a separate agreement among Puerto Rico, PRDE and the 
Department. For purposes of 20 U.S.C. Sec.  1234f, each such term or 
condition as to each covered Federal program shall be severable from

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each other term or condition for each of the covered Federal programs. 
Unless set out otherwise, a determination by the Department under 20 
U.S.C. Sec.  1234f (d) that Puerto Rico or PRDE is not meeting terms 
and conditions may be specific to such term, condition, or program 
without impacting Puerto Rico's or PRDE's continuing obligations under 
the Agreement. That is, all other terms and conditions for all covered 
Federal programs or the specific term or condition for other covered 
Federal programs would remain in place for the duration of the 
Agreement or until such time as the Department were to determine that 
Puerto Rico or PRDE had substantially failed to meet those terms and 
conditions.
    Alternatively, the parties understand and agree that a 
determination by the Department under 20 U.S.C. Sec.  1234f(d) that 
Puerto Rico or PRDE has substantially failed to meet any of the terms 
and conditions shall, at the Department's discretion, be grounds for 
finding the Agreement, as to such terms and conditions, no longer in 
effect and that the Department may take any and all additional actions 
authorized by law. At the same time, if Puerto Rico or PRDE 
substantially fails to meet the terms and conditions of the Agreement, 
the Department may terminate the entire Agreement, and the Department 
may take any and all actions authorized by law. Some examples of such 
actions are set out below.
Judicial Enforcement
    1. Cease and Desist Order Under 20 U.S.C. Sec. Sec.  1234c(a)(2) 
and 1234e
    The Department may seek injunctive relief to compel specific 
actions or to stop specific actions. Under this process, the Department 
issues a complaint to Puerto Rico or PRDE, describing the factual and 
legal basis for the Department's belief that Puerto Rico or PRDE is 
failing to comply substantially with a requirement of law including 
this Agreement, and containing a notice of hearing. A hearing before an 
Administrative Law Judge (ALJ) could then occur. The ALJ's report and 
order, requiring Puerto Rico or PRDE to stop specific actions or 
compelling specific actions, becomes the final agency decision. The 
Department may enforce the final order by withholding any portion of 
Puerto Rico's or PRDE's grant award or certifying the facts to the 
Attorney General who may bring an appropriate action for enforcement of 
the order.
    2. Referral to Department of Justice For Appropriate Enforcement--
20 U.S.C. Sec.  1416
    If the Department finds, after reasonable notice and opportunity 
for hearing to Puerto Rico or PRDE, that there has been a failure by 
Puerto Rico or PRDE to comply substantially with any provision of 
applicable Federal laws (with regard to the programs to which 20 U.S.C. 
Sec.  1416 applies) (including terms of Compliance Agreement within 
timelines in the Agreement), the Department may, after notifying Puerto 
Rico or PRDE, refer the matter for an appropriate enforcement action, 
which may include referral to the Department of Justice.
Withholding of Grant Funds--20 U.S.C. Sec. Sec.  1234c(a)(1), 1234d and 
1416
    If the Department finds, after reasonable notice and opportunity 
for hearing to Puerto Rico or PRDE, that there has been a failure to 
comply substantially with a requirement of law, including with this 
Agreement, the Department may, after notifying Puerto Rico or PRDE or 
both, withhold, in whole or in part, future payments. The Department 
may limit withholding to a particular Federal grant or part of the 
grant.
Escrow Account To Fund Third-Party
    If Puerto Rico or PRDE fails substantially to meet a significant 
term in this Compliance Agreement, the Department may place an 
appropriate amount of Puerto Rico's or PRDE's grants into an interest 
bearing escrow account to fund the duties of a third-party fiduciary 
agent. Puerto Rico or PRDE may request a reconsideration of this 
action.
Recovery of Funds--20 U.S.C. Sec.  1234a
    Any funds improperly expended or not properly accounted for are 
subject to recovery by the Department according to 20 U.S.C. Sec.  
1234a.

B. Criteria for Determining Consequences

    Puerto Rico or PRDE will provide the Department with progress 
reports--as required in Section IV below--for the action steps and 
measurable objectives set forth in the Agreement. Puerto Rico or PRDE, 
and the Department agree that substantial failure to: (1) provide all 
required reports in a timely manner, (2) show substantial progress in 
completing action steps as required, (3) complete significant action 
steps within the timeframes designated in the Agreement, or (4) achieve 
critical measurable objectives as specified in this Agreement, will be 
considered a failure to meet the terms and conditions of this 
Agreement.
Reinstatement of ``High-Risk'' Status Under 34 CFR Sec.  80.12
    In the event that PRDE and Puerto Rico fail to continue their 
efforts toward correcting the systemic problems uncovered by the 
auditors between 1994 and 2003, and are not making sufficient progress 
to meet the terms of this Agreement, the Department retains the 
authority to reinstate the ``high-risk'' designation being removed 
under the terms of this Agreement. If the Department determines that 
such reinstatement becomes necessary, additional special conditions or 
restrictions may include, but will not necessarily be limited to: (1) 
payment of Federal funds on a reimbursement basis; (2) withholding 
authority to proceed to next phase until receipt of evidence of 
acceptable performance within a given funding period; (3) requiring 
additional, more detailed financial reports; (4) requiring additional 
project monitoring; (5) requiring PRDE to obtain technical or 
management assistance, including the designation of a third-party 
fiduciary to administer all or part of PRDE's grants from the 
Department; or (6) establishing additional prior approvals. The use of 
a condition for one covered Federal program does not require or 
preclude its use for a different covered Federal program.
    In the event that the Department decides to reinstate ``high-risk'' 
status, it would notify PRDE as early as possible, in writing, of the: 
(1) Nature of additional special conditions and restrictions; (2) 
reason(s) for imposing them; (3) corrective actions which must be taken 
before they will be removed and time allowed for completing any 
additional corrective actions; and (4) method of requesting 
reconsideration of conditions and restrictions imposed.

IV. Reporting Requirements

    This Compliance Agreement requires regular progress reporting for 
all issues. Generally, Puerto Rico and PRDE must provide the Department 
with progress reports on a quarterly basis.
    The submission of each written report will be preceded by a meeting 
or conference call among representatives of Puerto Rico (which may 
include representatives of the various Puerto Rico agencies mentioned 
in Section I above), PRDE, and the Department, within five business 
days (according to PRDE's business calendar) of the end of the quarter, 
to discuss Puerto Rico and PRDE's progress and what level of detail the 
Department wants Puerto Rico and PRDE to cover in its written quarterly 
report that will be submitted within fifteen business days (according 
to

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PRDE's business calendar) of the call or meeting. The parties may 
modify the schedule by mutual agreement.
    Subject to the meeting or call above, in general, each quarterly 
report will include information such as: (1) a description of 
activities and progress for each task and its related sub-tasks during 
the reporting period, (2) the status of each critical action step 
required to be taken during the reporting period, (3) documentation of 
critical action step completion for those steps required to be 
completed during the reporting period (including explanations of delays 
for all steps not completed that were scheduled to be completed during 
the period, and expected completion dates for all unimplemented steps), 
(4) documentation of measures of performance and results, and (5) other 
data or documentation as specified within the action steps for each 
task or related sub-task in this Agreement, and/or discussed in the 
pre-report meeting among the Department, Puerto Rico, and PRDE.
    Puerto Rico and PRDE will consider, if feasible and cost-effective, 
transmitting reporting information to the Department via an Internet 
web site. If transmittal of the reporting information is not possible 
via a website, Puerto Rico and PRDE will continue to be responsible for 
tracking, monitoring and reporting progress on all requirements and 
milestones in this Agreement in a manner that is fully accessible to 
the Department and the public. Reporting information will be updated 
continuously, but in any event, on a quarterly basis, no later than 
within fifteen business days (according to PRDE's business calendar) 
from the day of the call or meeting among the Department, Puerto Rico, 
and PRDE, specifying the specific reporting required for that quarterly 
period. These reports also will fulfill the reporting requirements 
required under PRDE's special conditions that are currently in effect 
or as modified in accordance with the process to eliminate duplication 
in Section II above. The first quarterly period will encompass the time 
from which all parties sign this Agreement through December 31, 2004. 
Within the first thirty days of this Agreement, the Department will 
work with PRDE to agree on a more rigorous reporting schedule for 
reporting progress during the first six months following execution of 
this Agreement, (the early implementation phase of this Agreement).

V. Updated Action Plans, Action Steps, and Timelines

    Action steps and timelines that PRDE has developed are included in 
the task descriptions throughout this Agreement as well as in PRDE's 
Action Plans that will be completed and incorporated into this 
Agreement within thirty days of the execution of this Agreement. PRDE, 
Puerto Rico, and the Department will continuously reassess the action 
steps and timelines to determine if: (1) the action steps fully meet 
the requirements of this Agreement, (2) the action steps will move 
Puerto Rico and PRDE toward achieving required measurable objectives, 
and ultimately, full compliance within three years, and (3) the 
timelines need to be modified within the time boundaries set forth in 
this Agreement. In addition to the areas currently covered in this 
Agreement, the Action Plans will also include a section covering 
continuing progress to be made in implementing the oversight systems 
for the Internal Audit and Audit Oversight Committee, and the internal 
audit function within PRDE.
    Updating the action steps and interim timelines into Action Plans 
for which Puerto Rico and PRDE will be accountable is a critical step 
for each task and sub-task. Once Puerto Rico and PRDE complete the 
development of Action Plans that address each task or sub-task, as 
specified in this Agreement, and the Department agrees to the revised 
Action Plans, the action steps and timelines in the Action Plans will 
become additional requirements of this Agreement and be subject to the 
reporting requirements and consequences for not meeting terms and 
conditions as set forth in this Agreement. The Department will assist 
by consulting with Puerto Rico and PRDE to develop reports or reporting 
formats that shall satisfy the reporting requirements as set forth in 
this Agreement. The Department will also assist Puerto Rico and PRDE, 
to the extent that resources are available, with the orientation and 
training of personnel and the provision of meaningful technical 
assistance.

VI. Resolution of Outstanding Audit Findings

    As noted above, the Department designated PRDE a ``high-risk 
grantee'' under 34 CFR Sec.  80.12 due to numerous serious recurring 
audit findings which uncovered deficiencies in PRDE's administration of 
Federally funded programs. This Compliance Agreement does not absolve 
PRDE's liability under any of these audit findings. The Department has 
been working closely with PRDE to address all of the issues uncovered 
in single audits and audits by the Department's Office of the Inspector 
General (ED OIG) conducted over the years 1994 through 2003. While 
steady progress is being made, resolution of all findings has not been 
completed. Thus, in addition to undertaking corrective action in 
response to these many monetary and non-monetary audit findings, under 
this Agreement, PRDE also agrees to continue working with the 
Department toward resolution of all audit findings issued under the 
single and ED OIG audits covering 1994 through 2003, under the 
Department's CAROI process. The Department and PRDE anticipate 
continuing to work cooperatively through a CAROI process so that these 
audit findings can be resolved no later than six months from the date 
of the execution of this Agreement. PRDE's continued work with the 
Department on resolving remaining audit issues is a critical element of 
compliance with this Agreement. However, in the event that the CAROI 
process does not appear to be progressing, in addition to other 
remedies the Department has including those under this Agreement, the 
Department retains the discretion to issue one or more program 
determination letters (PDLs) to resolve one or more of these audit 
findings at any time. In the event that one or more PDLs are issued, 
PRDE may exercise its appeal rights, and such exercise would not be 
considered a breach of this agreement, and would not be inconsistent 
with the resolution of other findings through CAROI.

VII. General Additional Measurable Objectives

    Puerto Rico, PRDE, and the Department agree that the following 
measurable objectives apply for each task and sub-task contained in 
this Agreement and in the Action Plans that are to be incorporated into 
this Agreement within thirty days, in addition to other measurable 
objectives specified throughout this Agreement.
    1. Plans, other documents, and reports are timely, complete, 
accurate, and address the requirements set forth in this Agreement.
    2. Action steps are implemented within the timeframes set forth in 
this Agreement.
    3. Implementation of sub-tasks and action steps demonstrates 
progress towards achieving the outcomes or measurable objectives set 
forth in this Agreement.
    The remainder of this document provides task descriptions, action 
steps, and measurable objectives for: (1)

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General Grants Management, (2) Specific Program Management, (3) 
Payroll, and (4) Procurement and Property Management. By signing this 
Agreement and by the end of the three-year period covered by this 
Agreement, Puerto Rico and PRDE commit to taking the necessary actions 
to be in full compliance with the program requirements applicable to 
all Department grants for which Puerto Rico and PRDE expend funds and 
any other requirements set forth in this Agreement. Puerto Rico and 
PRDE commit to full implementation of improved grants management, 
payroll, and procurement and equipment inventory processes laid out in 
this Agreement and in greater detail in the PRDE Action Plans that will 
be incorporated by reference into this Agreement.

VIII. Tasks

    This section on Tasks represents what the parties have generally 
agreed to at the time of execution of this Agreement. Some of the 
subtasks and steps set forth below may be modified as the parties agree 
to the Action Plans in their final form within thirty days. Appropriate 
modifications to this section will be made by mutual consent of the 
parties once the Action Plans are finally agreed to.

Task 1.0: Improving PRDE General Grants Management

Overall Task Description
    Because the stated purpose of this Agreement is to improve 
education for the students of Puerto Rico, it is critical to 
successfully meeting the terms of this Agreement that Puerto Rico and 
PRDE use the first year of the next three-year period to develop and 
refine long-term goals, assess the current status of each program 
receiving Federal assistance, and design coherent plans to bridge the 
gap between the current status of education in Puerto Rico and its 
goals of improving education and fully complying with all Federal 
program requirements. As set forth in Section I above, this General 
Grants Management Task applies to the administration of all Federal 
education programs administered by PRDE.
    Effective grants management includes the development of effective: 
(1) Pre-award planning processes, (2) grant application, evaluation, 
and approval processes, (3) baseline assessments of current PRDE 
practices as compared with applicable Federal requirements, (4) plans 
for interagency coordination among relevant Puerto Rico agencies, such 
as PRDE, Hacienda, the Office of Federal Affairs (OFA), and the Puerto 
Rico Department of Health (PRDH), (5) restructured budget processes 
ensuring that all agencies and programs receiving Federal awards will 
meet stated goals, (6) measurable objectives to determine if the 
planned grants management improvements are having the intended effect, 
and (7) options for further modification if implementing the plan is 
not having the intended effect. The new grants management process 
implemented by Puerto Rico and PRDE will take into account and adhere 
to Federal requirements for each program, as well as other applicable 
accounting and professional standards. In addition, the planning 
process should include citizen and/or customer input and feedback; 
input is a vital part of the process to set goals, and feedback is 
equally significant in assessing results. A critically important aspect 
of the planning and design process is that it is fully integrated as 
the foundation for other program-related decisions about budgets, 
financial management, personnel requirements, and other resource needs.
    The Department will continue to provide technical assistance, as 
appropriate, including referrals to successful jurisdictions for 
guidance. Puerto Rico and PRDE will seek the assistance of expert 
consultants and other grantees to provide hands-on guidance in 
improving its grants management process. Reasonable and necessary 
expenses for this assistance will be considered allowable costs 
chargeable to a Department grant provided an approvable application is 
received in a timely manner.
Sub-Task 1.1: Pre-Award Planning Process
    Goal: To ensure that PRDE application, evaluation and approval 
processes allow for the timely approval of work plans so that 
implementation of Federally funded programs can commence upon receipt 
of grant award notifications, i.e., in July or August of each year.
    The following step will help achieve the goal:
    Create process to ensure that budget planning for all appropriate 
Federal programs is nearly complete by receipt of grant award 
notification by September 30, 2005.
    Measurable Objectives for Sub-Task 1.1:
    Short term: 80% of all applications for Federal funds in the OFA 
pilot program will have completed the planning process timely so that 
the approval process is completed by the time grant award notification 
is received (October 31, 2005).
    Mid term: 50% of all applications will have completed the planning 
process timely so that the approval process is completed by the time 
the grant award notification is received (October 31, 2006).
    Long term: 100% of all applications for Federal funds will have 
completed the planning process timely so that the approval process is 
completed by the time grant award notification is received (October 1, 
2007). In addition, all applications for Federal funds will comply with 
all applicable requirements (October 25, 2007).
Sub-Task 1.2: Application, Evaluation, and Approval Process
    External Application Goals: To submit applications to the 
Department for formula and discretionary grant funds in a timely manner 
in substantially approvable form.
    Internal Application Goals: To have an internal application process 
that is streamlined, is oriented to the needs of PRDE's internal 
applicants for funds, and provides useful information about the 
allowable uses of Federal funds.
    Evaluation and Approval Process Goals: To have an evaluation and 
approval process that is streamlined and rapid, and provides useful and 
timely feedback to PRDE internal applicants.
    The following steps will help achieve the goals:
    A. Review all applicable Federal requirements,
    B. Streamline and strengthen external application process,
    C. Streamline and strengthen internal application process for 
formula grant funds,
    D. Streamline and strengthen application process for discretionary 
grant programs (that require subgrants to be allocated by competition),
    E. Streamline and strengthen competitive proposal process for 
external contractors (refer to procurement plan),
    F. Ensure staff has necessary knowledge and expertise to implement 
revised application process,
    G. Create process to ensure proper documentation is maintained 
throughout the application process,
    H. Create streamlined evaluation and approval processes that 
support the proper use of Federal funds, and
    I. Ensure staff has necessary knowledge and expertise to implement 
revised evaluation and approval processes that are consistent with 
Federal requirements.
    Measurable Objectives for Sub-Task 1.2:

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    External Application Process: By July 2006, improve and strengthen 
all applications that are submitted to the Department, utilizing a 
revised procedure consistent with the milestones contained in the 
grants management action plan.
    Internal Application, Evaluation, and Approval Processes: By 
January 2007, all applications for Federal funds are going through the 
new application, evaluation, and approval process, consistent with the 
planning process.
Sub-Task 1.3: Interagency Process
    Goal: Ensure productive coordination between PRDE and other Puerto 
Rico agencies, such as Hacienda, OGP, PRDH, and OFA, to ensure that 
budget processes operate efficiently, in accordance with PRDE 
procedures, and in accordance with all applicable Federal requirements.
    Measurable Objective for Sub-Task 1.3:
    In accordance with current PRDE Special Conditions, to prepare an 
Action Plan to address this initiative and will submit it to the 
Department by February 15, 2005.
Sub-Task 1.4: Budget Process
    Goal: Restructure the PRDE budget process so that all programs that 
receive Federal funds will have prepared a preliminary budget and 
received preliminary approval from PRDE's budget office prior to their 
receipt of a grant award notification.
    The following steps will help achieve the goal:
    A. Review all applicable Federal requirements,
    B. Create detailed map of the current budget process, including all 
forms and approvals necessary for Federal funds to be awarded and flow 
from PRDE to programs/entities,
    C. Streamline PRDE budget process, consistent with applicable 
Federal requirements,
    D. After budget process has been streamlined, prepare a written 
document describing uniform procedures that PRDE and subrecipients must 
follow in submission of budgets for approval by PRDE, and
    E. Ensure the obligation of Federal funds in a timely manner.
    Measurable Objective for Sub-Task 1.4:
    By July 2006, 100% of all programs that have received Federal funds 
will have prepared a preliminary budget according to all program 
requirements for 2005-2006 and received preliminary approval from the 
budget office prior to the receipt of a grant award notification.
Sub-Task 1.5: Program Implementation Process
    Goal: To ensure that all PRDE staff responsible for program 
implementation and administration have the necessary knowledge, tools, 
and resources necessary for implementing and administering Federal 
programs consistent with all applicable Federal programmatic and fiscal 
requirements.
    The following steps will help achieve the goal:
    A. Identify specific technical assistance available from OFA to 
academic staff and other recipients of Federal funds, to ensure that 
Federal programs are implemented and Federal program funds are expended 
in a manner consistent with Federal requirements,
    B. Ensure that all staff responsible for the implementation of 
Federal programs at all levels is aware of and familiar with all 
applicable Federal programmatic requirements,
    C. Ensure that all staff responsible for the implementation of 
Federal programs at all levels is aware of and familiar with all 
applicable Federal requirements related to procurement with Federal 
funds, such as RFP requirements for contracts, competitive bidding 
requirements (which is discussed in greater detail below under Task 
7.0,
    D. Create uniform documentation requirement/template for all staff 
responsible for implementing Federal programs, and
    E. Ensure that all staff responsible for implementing Federal 
programs fully understands Federal requirements on retention of 
documentation
    Measurable Objectives for Sub-Task 1.5:
     By July 2005, there has been formalized and regularly 
scheduled staff training for non-OFA, PRDE staff for relevant central 
level employees who administer Federal funds, and
     By July 2006, program specific and Federal grants 
management training will have been completed for 100% of Central Office 
PRDE staff responsible for implementing Federal programs.
     Each year, there is a significant reduction in the number 
of sustainable audit findings contained in single audit reports.
Sub-Task 1.6: Monitoring and Technical Assistance Process
    Goal: To ensure that weaknesses in Federal program administration 
are identified and remedied in a timely manner to significantly reduce 
audit findings.
    Goal: To ensure that all PRDE personnel who administer Federal 
funds have access to high-quality technical assistance and training 
that responds to the needs of PRDE.
    The following steps will help achieve the goals:
    A. Establish a formal, unified monitoring process for all Federal 
programs administered by OFA,
    B. Create consistent monitoring tools that identify specific 
programmatic requirements and align programmatic and fiscal monitoring, 
and
    C. Analyze and identify audit findings that are repetitive across 
programs and ensure that additional monitoring is performed for these 
programs.
    1. Based on recent findings, conduct additional monitoring and 
intensive technical assistance for Migrant Education Program (MEP):

--Formalize process for maintaining required documentation to support 
the eligibility of students participating in the program. Ensure that 
formalized process includes all documents required under the statute,
--Train program directors, regional directors, and other appropriate 
migrant staff on revised documentation maintenance requirements,
--Conduct additional staff training for all relevant MEP personnel on 
specific eligibility requirements of migrant program, such as the 
definition of a qualifying move, agricultural or fishing activity, 
Principal Means of Livelihood (PMOL), etc. to ensure the accuracy of 
the Certificates of Eligibility (COE), and
--Conduct additional staff training on specific provision of services 
requirements, including, but not limited to:

     Priority for services,
     How MEP students should be served in schoolwide programs,
     Service to private school students, and
     Fiscal requirements.

--Consistent with monitoring plan, monitor revised documentation 
process and other migrant program requirements, deliver immediate 
technical assistance if needed, and
--Review manual clarifying eligibility requirements of the migrant 
program. If necessary, revise manual.

    2. Based on recent findings, conduct additional monitoring and 
intensive technical assistance for the Even Start Program:

--Formalize process for maintaining required documentation to support 
the eligibility of families participating in the program. Ensure that 
the formalized process includes all documents required under the 
statute,

[[Page 60193]]

--Train program directors, Even Start partners and other appropriate 
staff on revised documentation maintenance requirements,
--Develop formal procedure to ensure matching requirements are met or 
appropriately waived by PRDE consistent with the statutory 
requirements, and
--Develop formal monitoring process, consistent with statutory 
requirements, to measure whether there is sufficient progress and 
indicators of program quality by Even Start subrecipients.

    D. Schedule integrated monitoring visits according to identified 
needs,
    E. Train employees who will be conducting monitoring visits,
    F. Improve access to information about monitoring process for PRDE 
programs/offices that will be monitored,
    G. Develop a Master Technical Assistance Plan for PRDE programs in 
accordance with results from monitoring process,
    H. Create links between the Department's website, other educational 
websites and PRDE's website,
    I. Develop a plan to properly document PRDE technical assistance,
    J. Train employees who will be giving technical assistance, and
    K. Ensure that any weaknesses or instances of non-compliance are 
identified and corrected in a timely manner.
    Measurable Objectives for Sub-Task 1.6:
     By April 2005--A master monitoring plan will be created, 
based on past findings, targeting high need programs first, including 
MEP and Even Start,
     By August 2005--Uniform monitoring instruments will be 
created for each Federal program and program/fiscal monitors will use 
these instruments for their monitoring activities,
     By July 2006--Regular monitoring by appropriate staff will 
be fully implemented,
     By July 2006--Regular, high-quality technical assistance 
will be provided by PRDE to PRDE staff regarding Federal requirements. 
Technical assistance will be provided prior to the delivery of Federal 
program services by PRDE personnel and will promptly respond to any 
weaknesses discovered in the monitoring process, and
    Each year, there is a significant reduction in the number of 
sustainable audit findings contained in single audit reports, 
particularly in the number of recurring audit findings.
Sub-Task 1.7: Reporting
    Goal: By July 2005, PRDE will ensure that all reports submitted to 
the Department are timely and accurate.
    The following steps will help achieve the goal:
    A. Compose Master List of all performance and financial reports due 
to the Department under applicable requirements, and
    B. Identify PRDE staff responsible for completing and filing all 
required reports.
    Measurable Objective for Sub-Task 1.7:
    By July 2005, PRDE will ensure that all reports submitted to the 
Department are timely and accurate.
Sub-Task 1.8: Private Schools and Equitable Services
    Goal: PRDE is in compliance with all Federal requirements 
applicable to private schools, including the requirements for providing 
equitable services to private school students.
    The following step will help achieve the goal:
    Compose a Master List of all Federal programs that contain 
requirements regarding participation by private school students, 
including equitable services requirements, and provide appropriate 
training on these requirements to appropriate PRDE personnel.
    Measurable Objectives for Sub-Task 1.8:
     By July 2005, PRDE has trained all relevant employees on 
the equitable services requirements in the Federal programs 
administered or monitored by those employees, and
     By July 2006, uniform processes regarding equitable 
services requirements will be fully implemented.
Sub-Task 1.9: Schoolwide Programs
    Goal: PRDE complies with all Schoolwide program requirements
    The following steps will help achieve the goal:
    A. Create a work group to review the schoolwide program process and 
make recommendations for, and implement, improvements in the process.
    B. Improvements will include identifying Master List of all schools 
eligible for schoolwide program status and ensuring that all schools 
deemed eligible and included in the Master List have the required 
elements in their schoolwide plan, and ensuring that fiscal and 
programmatic requirements of schoolwide schools are understood by 
relevant staff.
    Measurable Objectives for Sub-Task 1.9:
     By July 2005, PRDE has trained all relevant employees on 
requirements pertaining to schoolwide programs, and
     By December 2006, uniform processes regarding schoolwide 
programs will be fully implemented.
Sub-Task 1.10: Implementation of Reorganization Plan
    Goal: PRDE's OFA will implement new processes and a new 
organizational structure to ensure the efficient and effective 
administration of all the Federal funds it administers and to ensure 
the administration of those funds in compliance with all applicable 
Federal requirements.
    Measurable Objectives for Sub-Task 1.10:
     By December 2004, a new human resource plan will be 
implemented, and
     By July 2006, most new processes contained in this grants 
management plan will be operational, leading to a substantial reduction 
in audit findings.
Sub-Task 1.11: Implementation of Puerto Rico's Integrated Financial 
Administration System (PRIFAS) Grants Management and Project Modules
    Goal: PRDE's OFA will implement the PRIFAS grants management and 
project module to improve PRDE's control over the timely obligation of 
Federal funds and bring PRDE into compliance with Federal requirements 
applicable to the period of availability of funds, cash management, and 
proper liquidation of obligations.
    Measurable Objective for Sub-Task 1.11:
    By January 2005, the new PRIFAS grants management and project 
module will be operational.
Sub-Task 1.12: Puerto Rico as an SEA/LEA
    Goal: PRDE will work with the Department to identify PRDE's needs 
for technical assistance on the issue of best practices in grants 
administration by a single SEA and LEA by February 15, 2005.

Task 2.0: Improving PRDE Grants Management--Community Schools 
Administration

Sub-Task 2.1: Improving Accounting Records at the Community Schools 
Administration:
    Goal: Develop comprehensive plan to resolve accounting issues 
described in Single Audit findings.
    The following steps will help achieve the goal:
    A. Map out community school administration responsibilities, and

[[Page 60194]]

    B. Streamline the application/approval/distribution process to 
schools.
    Measurable Objective for Sub-Task 2.1:
    By February 15, 2005, in accordance with the special conditions, 
PRDE will complete a comprehensive plan to strengthen the accounting 
records of the Community Schools Administration and submit it to the 
Department.
Sub-Task 2.2: Improving Cash Management at the Community Schools 
Administration
    Goal: Develop a comprehensive plan to resolve cash management 
issues at the public school level identified and described in Single 
Audit findings.
    Measurable Objective for Sub-Task 2.2:
    By February 15, 2005, in accordance with the special conditions, 
PRDE will complete a comprehensive plan to strengthen cash management 
at the public school level and submit it to the Department.
Sub-Task 2.3: Implementation of PRIFAS Grants Management and Project 
Modules
    Goal: PRDE's Community Schools Administration will implement the 
PRIFAS grants management module and project module to improve control 
over the timely obligation of funds, comply with period of availability 
requirements, cash management, and proper liquidation of obligations.
    Measurable Objective for Sub-Task 2.3:
    By July 2005, the new PRIFAS grants management and project modules 
will be in operation.

Task 3.0: Improving PRDE Grants Management--Vocational Education 
Program

Sub-Task 3.1: Improving the Application Process
    Goal: Compliance with the Federal vocational education requirement 
for a State Board to serve as the eligible agency, and related 
conditions in PRDE's Perkins III grant.
    The following steps will help achieve the goal:
    A. Establish the new State Board for Vocational and Technical 
Education within PRDE (completed--EO 2004-29),
    B. Nominate members of the new State Board (completed),
    C. Create a draft of the new State Board Rule,
    D. Create a chart of the new governance structure of the State 
Board,
    E. Adopt the State Plan for Vocational Education submitted by PRDE, 
including the request to extend and revise the plan, the budget for 
year six, and the agreed-upon adjusted performance levels for year six,
    F. Ratify past actions of the Puerto Rico Secretary of Education 
and the PRDE,
    G. Adopt any necessary revision to ensure conformity with the State 
Plan,
    H. Submit certifications required to be included in the State Plan,
    I. Complete the document that delegates to PRDE the authority to 
receive, hold, and disburse funds awarded under the State Plan, and
    J. Create a detailed map of the current application process both 
for PRDE applications to the Department and PRDE application 
requirements for Department funds within PRDE.
    Measurable Objective for Sub-Task 3.1:
    Short Term--30% of all internal applications work plans for Federal 
funds will be almost operational by the time Grant Award Notification 
is received in July 2005.

Task 4.0: Improving PRDE Grants Management--Adult Education Program

Sub-Task 4.1: Monitoring and Technical Assistance Process
    Goal: Monitor and administer the Adult Education program 
effectively and in compliance with all applicable requirements.
    The following steps will help achieve the goal:
    A. Create detailed map of current monitoring process,
    B. Identify criteria to be used in identifying monitoring needs,
    C. Align programmatic monitoring activities with fiscal monitoring 
activities
    D. Rank program projects by monitoring needs,
    E. Develop a master monitoring schedule that coordinates the 
monitoring of adult education projects,
    F. Train employees who will be conducting monitoring visits,
    G. Improve communication between adult education and all programs,
    H. Create a detailed map of the current technical assistance 
process,
    I. Identify technical assistance resources for developing and 
completing applications available from the Department, and
    J. Develop a master technical assistance plan for the Adult 
Education Program.

Task 5.0: PRDE Grants Management--Special Education Program

Sub-Task 5.1: Monitoring and Corrective Action Process
    Goal: Ensure non-compliance identified through monitoring is 
corrected within one year of its identification.
    The following steps will help achieve the goal:
    A. Ensure personnel responsible for the implementation of IDEA 
requirements fully understand those requirements and, where non-
compliance is identified, understand and implement the corrective 
actions needed to ensure correction of all non-compliance within a 
reasonable period of time not to exceed one year from identification,
    B. Provide training and technical assistance in a comprehensive and 
systematic manner to staff in districts or sites where non-compliance 
is identified to ensure the correction of all non-compliance within a 
reasonable period of time not to exceed one year from identification,
    C. Provide technical assistance on the development and 
implementation of corrective action plans to ensure that they are 
developed and implemented in a manner that addresses all areas of 
identified non-compliance,
    D. Provide technical assistance and feedback to district and other 
personnel to ensure that the corrective action plans submitted to PRDE 
are designed to correct all areas of non-compliance within a reasonable 
amount of time, not to exceed one year from the identification of the 
non-compliance,
    E. Request and review progress reports from regions, districts and 
other sites that are implementing corrective action plans,
    F. Ensure follow-up activities in regions, districts and other 
sites that have corrective action plans to ensure that the identified 
non-compliance has been addressed and is not recurring,
    G. All monitoring findings will be corrected within one year of 
identification,
    H. List any sanctions imposed on a district or school for failure 
to come into compliance with the IDEA requirements as agreed upon in 
the corrective action plan, and
    I. If PRDE, or any district or school failed to achieve compliance 
and no additional actions, including sanctions were identified, 
required, or imposed, PRDE must explain the basis for not taking 
additional actions.
    Measurable Objective for Sub-Task 5.1:

[[Page 60195]]

     All monitoring findings are corrected under the new 
monitoring system within a reasonable period of time, not to exceed one 
year from identification of the monitoring finding,
     Correction of findings from 2002-2003 and 2003-2004 school 
years is reported to the Department's Office of Special Education 
(OSEP) no later than July 1, 2005. Thereafter, each quarterly report, 
as part of this Compliance Agreement, includes documentation of 
correction of monitoring findings within a reasonable period of time, 
not to exceed one year from identification,
     Develop and implement an effective set of procedures for 
sanctioning persistent long-standing non-compliance,
     Analyze existing procedures,
     Amend existing procedures, as necessary, and
     Apply new sanction procedures where required to ensure 
correction, by January 1, 2006.
Sub-Task 5.2: Ensuring Accurate Child Count Reports
    Goal: Ensure Child Count Reports submitted to the Depa