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Kentucky's Oversight of Local Educational Agency ARP ESSER Plans and Spending (ED-OIG/A22CA0095)

Summary

Final audit report Kentucky's Oversight of Local Educational Agency ARP ESSER Plans and Spending, Control Number ED-OIG/A22CA0095, issued October 12, 2023 by the U.S. Department of Education Office of Inspector General, Audit Services, in a letter to Commissioner of Education Dr. Jason E. Glass. The report states that Kentucky had adequate processes to ensure that LEA ARP ESSER plans met applicable requirements and approved the plan narratives for all 171 LEAs. It states that Kentucky's process for reviewing reimbursement requests should be documented and could be strengthened, and that at Warren County one expenditure of $9,200 for a golf cart was unallowable and equipment purchases totaling $149,882 lacked prior written approval. It makes recommendations to the Assistant Secretary for the Office of Elementary and Secondary Education.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
U.S. Department of Education, Office of Inspector General
Document type
Report
Date
2023-10-12

Cite this document

“Kentucky's Oversight of Local Educational Agency ARP ESSER Plans and Spending (ED-OIG/A22CA0095).” U.S. Department of Education, Office of Inspector General, dated 2023-10-12. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/kentucky-arp-esser-oversight/, SHA-256 b0a583428e3081b287bd4b474bc082200785460a0308943cc46fdd7b21d501c2.

Full text

                 U.S. Department of Education
                 Office of Inspector General




Kentucky’s Oversight of Local
Educational Agency ARP ESSER
Plans and Spending
October 12, 2023
ED-OIG/A22CA0095

ED OIG Oversight of Coronavirus Response Funds
NOTICE
Statements that managerial practices need improvements, as well as other conclusions
and recommendations in this report, represent the opinions of the Office of Inspector
General. The appropriate Department of Education officials will determine what
corrective actions should be taken.

In accordance with Freedom of Information Act (Title 5, United States Code,
Section 552), reports that the Office of Inspector General issues are available to
members of the press and general public to the extent information they contain is not
subject to exemptions in the Act.
                         UNITED STATES DEPARTMENT OF EDUCATION
                                        OFFICE OF INSPECTOR GENERAL

                                                                                                                     Audit Services



October 12, 2023


Dr. Jason E. Glass
Commissioner of Education
Kentucky Department of Education
300 Sower Blvd., 5th Floor
Frankfort, KY 40601


Dear Commissioner Glass:

Enclosed is our final report, “Kentucky’s Oversight of Local Educational Agency ARP ESSER Plans and
Spending,” Control Number ED-OIG/A22CA0095. This report incorporates the comments you provided in
response to the draft report. The U.S. Department of Education’s policy is to expedite resolution by
timely acting on findings and recommendations. Therefore, if you have any additional comments or
information that you believe may have a bearing on the resolution of this audit, you should send them
directly to the following Department of Education official, who will consider them before taking final
Departmental action on this audit:

        Adam Schott
        Deputy Assistant Secretary for Policy and Programs
        Delegated the Authority to Perform the Functions and Duties of the Assistant Secretary
        U.S. Department of Education
        400 Maryland Avenue, SW
        Washington, D.C. 20202

We appreciate your cooperation during this review. If you have any questions, please contact me at
(916) 213-7630 or Ben.Sanders@ed.gov.

Sincerely,

/s/

Ben C. Sanders
Regional Inspector General of Audit

Enclosure




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

               Promoting the efficiency, effectiveness, and integrity of the Department’s programs and operations.
Table of Contents
Results in Brief .................................................................................................................... 1
Introduction ........................................................................................................................ 5
Finding 1. Kentucky Had Adequate Processes to Ensure That LEA ARP ESSER Plans Met
Applicable Requirements .................................................................................................. 12
Finding 2. Kentucky’s Process for Reviewing LEA ARP ESSER Reimbursement Requests
Should Be Documented and Could Be Strengthened in a Key Area ................................. 18
Appendix A. Scope and Methodology............................................................................... 30
Appendix B. Allowable Uses of ESSER Funds .................................................................... 36
Appendix C. Acronyms and Abbreviations........................................................................ 39
Kentucky Comments ......................................................................................................... 40
              Results in Brief
              What We Did
              The objectives of the audit were to determine whether the Kentucky Department of
              Education (Kentucky) had an adequate oversight process in place to ensure that (1) local
              educational agencies’ (LEA) American Rescue Plan (ARP) Elementary and Secondary
              School Emergency Relief (ESSER) plans met applicable requirements and (2) LEAs use
              ARP ESSER funds in accordance with applicable requirements and their approved LEA
              ARP ESSER plans. Our review covered Kentucky’s processes for reviewing and approving
              LEA ARP ESSER plans and overseeing LEAs’ use of ARP ESSER funds from March 24, 2021,
              through July 31, 2022.

              For both objectives, we gained an understanding of Kentucky’s processes through
              interviews with key Kentucky officials and reviews of relevant documents and records,
              such as written procedures and guidance and technical assistance documents that
              Kentucky provided to LEAs. For the first objective, we reviewed the summary results of
              Kentucky’s review of LEA ARP ESSER plan narrative submissions to verify that Kentucky
              approved the plan narratives for all 171 LEAs and gain an understanding of how often
              and why plan reviewers did not approve plans. We also reviewed the ARP ESSER plans
              for two LEAs, Warren County Public Schools (Warren County) and Jefferson County
              Public Schools (Jefferson County), to determine whether the plans met applicable
              requirements and verify that Kentucky was consistent in how it reviewed and approved
              the two plans. For the second objective, we reviewed samples of ARP ESSER
              expenditures at Warren County and Jefferson County to determine whether they used
              ARP ESSER funds in accordance with applicable requirements and their approved LEA
              ARP ESSER plans.

              What We Found
              Kentucky had adequate processes to ensure that LEA ARP ESSER plans met applicable
              requirements (Finding 1). It communicated clear, accurate, and timely guidance and
              technical assistance to LEAs regarding how and when to submit their ARP ESSER plans
              and what to include in those plans. Kentucky reviewed and approved the ARP ESSER
              plan narratives for all 171 LEAs. We determined that the ARP ESSER plans for Warren
              County and Jefferson County met applicable requirements and that Kentucky was
              consistent in how it reviewed and approved the two plans. Kentucky also designed a
              process to annually review and approve updated LEA ARP ESSER plans that, if
              implemented properly, is adequate to ensure that updated plans meet applicable
              requirements.




U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                    1
               Kentucky’s process for reviewing LEA ARP ESSER reimbursement requests should be
               documented and could be strengthened to provide additional assurance that LEAs use
               ARP ESSER funds for allowable purposes (Finding 2). While Kentucky has been consistent
               in how it oversees LEAs’ use of ARP ESSER funds, it does not request a listing of
               expenditures or review any supporting documentation from LEAs as part of its review of
               LEA reimbursement requests. Without supporting documentation to verify that the
               expenditures are allowable and properly accounted for, there is an increased risk that
               Kentucky will not identify or become aware of significant compliance issues involving
               the ARP ESSER program. Additionally, Kentucky does not have written policies and
               procedures to guide personnel through the reimbursement process. Without
               documented processes for reviewing LEA reimbursement requests, Kentucky officials
               might not fully understand what is expected of them or what they should be reviewing.
               This could result in inconsistencies in how Kentucky personnel perform these reviews
               and missed opportunities to identify unallowable or questionable expenditures that
               should be analyzed more closely.

               The ARP ESSER program was considered a higher risk program for 2022 according to
               2 Code of Federal Regulations (C.F.R.) section 200.519(c)(2) and the Office of
               Management and Budget’s 2 C.F.R. Part 200, Appendix XI, Compliance Supplement
               (April 2022). The Pandemic Response Accountability Committee, located within the
               Council of the Inspectors General on Integrity and Efficiency, stated that the
               unprecedented amount of money made available for pandemic relief and quick
               distribution of most funds put the money at a higher risk for fraud. We reviewed a total
               of 26 ARP ESSER expenditures for Warren County and Jefferson County (13 expenditures
               for each LEA) and identified issues at Warren County. 1 For Warren County, we identified
               one expenditure ($9,200 for a golf cart) that was unallowable because it did not meet
               the overall purpose of the ARP ESSER program and four expenditures (equipment
               purchases totaling $149,882) for which Warren County did not obtain prior written
               approval from Kentucky, contrary to 2 C.F.R. section 200.439(b) and Kentucky policy.
               Given the issues identified at Warren County and ARP ESSER’s designation as a higher
               risk program, it is important for Kentucky to document and strengthen its processes for
               overseeing LEA ARP ESSER expenditures.

               As of the end of our fieldwork, Kentucky had designed but not yet started additional
               monitoring of selected LEAs based on their overall risk (ARP ESSER monitoring). After
               the exit conference, Kentucky provided us with written policies and procedures for its
               ARP ESSER monitoring process. We reviewed those policies and procedures and



1
 Jefferson County’s ARP ESSER expenditures were in accordance with applicable requirements
(allowable) and aligned with its approved plan.


U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                        2
              concluded that they were designed in a way that should enable Kentucky to identify and
              select high-risk LEAs for review and detect instances of noncompliance during
              monitoring reviews.

              What We Recommend
              We recommend that the Assistant Secretary for the Office of Elementary and Secondary
              Education require Kentucky to—
                  •   Design and document procedures to guide Kentucky personnel through the LEA
                      reimbursement request process. The procedures should be in the form of
                      written policies and procedures or protocols, and designed to ensure
                      compliance with applicable requirements, including those covered in 2 C.F.R.
                      Part 200 (Uniform Guidance) and ARP.

                  •   In order to address the heightened risk associated with ARP ESSER funds, design
                      and incorporate into its documented procedures for reviewing LEA
                      reimbursement requests, protocols to sample LEA expenditures charged to ARP
                      ESSER and review supporting documentation to ensure that applicable Federal,
                      State, and local requirements are met.

                  •   Implement its ARP ESSER monitoring policies and procedures, as designed, to
                      provide additional assurance that LEAs use ARP ESSER funds in accordance with
                      applicable requirements and their approved ARP ESSER plans.

              Kentucky’s Comments and Our Response
              We provided a draft of this report to Kentucky for comment. We summarize Kentucky’s
              comments at the end of Finding 2 and provide the full text of the comments at the end
              of the report (Kentucky Comments).

              Kentucky neither agreed nor disagreed with the findings and with recommendation 2.2.
              Kentucky agreed with recommendation 2.1, but requested that the recommendation be
              removed or amended to reflect the actions it has already taken to address the
              recommendation. Kentucky disagreed with the phrasing of recommendation 2.3 and
              proposed alternative phrasing to clarify that its monitoring work is underway. Kentucky
              described the actions it has taken or plans to take in response to recommendations 2.1,
              2.2, and 2.3. Kentucky’s described actions were partially responsive to
              recommendations 2.1 and 2.2. To address recommendation 2.1, Kentucky developed
              and provided us with its written policies and procedures for the Federal Cash Request




U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                    3
               review process. 2 Kentucky’s development of those written policies and procedures is
               partially responsive to recommendation 2.1. However, the policies and procedures did
               not include steps for Kentucky personnel to sample LEA expenditures charged to the
               ARP ESSER grant and review supporting documentation to ensure that applicable
               Federal, State, and local requirements are met, as discussed in recommendation 2.2. To
               address recommendation 2.2, Kentucky stated that it will work with the Department to
               enhance its ARP ESSER reimbursement request review process by determining an
               appropriate increased level of review and adding steps to the reimbursement request
               review process. This is a good first step and if sampling LEA ARP ESSER expenditures and
               reviewing supporting documentation become part of Kentucky’s increased level of
               review, Kentucky’s proposed actions are responsive to our recommendation.

               Kentucky disagreed with the phrasing of recommendation 2.3, stating that it has already
               begun implementing its ARP ESSER monitoring process. Kentucky noted that it began
               preparing for the ARP ESSER monitoring cycle in spring 2023, its monitoring formally
               started in June 2023, and its first monitoring site visits will occur in September 2023. We
               disagree with Kentucky’s implication that the phrasing of recommendation 2.3 does not
               adequately acknowledge that some activities were already underway because we
               include in the report much of what Kentucky provided in its response. For example, in
               Finding 2, we note that Kentucky planned to start its ARP ESSER monitoring in June 2023
               and that towards the end of our fieldwork, Kentucky had performed a risk assessment
               to select LEAs for ARP ESSER monitoring. We did not make any changes to the report or
               recommendations in response to Kentucky’s comments. However, we did make
               clarifying edits to the report and recommendation 2.2 in response to technical
               comments provided by the Department.




2
 Kentucky also developed and provided us with its written policies and procedures for the
Comprehensive District Improvement Plan Expenditure Report review process. We discussed this
process in Finding 2 of the report but did not make any recommendations regarding the process.


U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                        4
              Introduction
              Background
              On March 13, 2020, the President declared a national emergency due to the coronavirus
              pandemic. In response, Congress passed three coronavirus relief acts within a 1-year
              period that provided more than $275 billion for an Education Stabilization Fund to
              prevent, prepare for, and respond to the coronavirus, including $189.5 billion for the
              Elementary and Secondary School Emergency Relief Fund (ESSER).

                  •   The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), enacted on
                      March 27, 2020 (Public Law 116-136), provided about $13.2 billion for ESSER to
                      address the impact that the coronavirus had and continues to have on
                      elementary and secondary schools.

                  •   The Coronavirus Response and Relief Supplemental Appropriations Act
                      (CRRSAA), enacted on December 27, 2020 (Public Law 116-260), provided an
                      additional $54.3 billion for ESSER to help State educational agencies (SEA) and
                      local educational agencies (LEA) safely reopen schools, measure and effectively
                      address significant learning loss, and take other actions to mitigate the impact
                      of the coronavirus on the students and families who depend on elementary and
                      secondary schools.
                  •   The American Rescue Plan Act (ARP), enacted on March 11, 2021 (Public Law
                      117-2), provided the remaining $122 billion for ESSER to help SEAs and LEAs
                      safely reopen and sustain the safe operation of schools and address the impact
                      of the coronavirus pandemic on students.

              ARP ESSER
              On March 24, 2021, the U.S. Department of Education (Department) awarded about
              $81 billion in ARP ESSER funds to SEAs, about two-thirds of each SEA’s total allocation.
              To receive the remaining funds, each SEA was required to submit a plan to the
              Department’s Office of Elementary and Secondary Education for approval that described
              how the SEA would use ARP ESSER funds to safely reopen schools, support sustained
              access to in-person instruction, and address the academic, social, emotional, and mental
              health needs of students. By December 2021, the Department had approved all SEA
              plans and awarded the remaining $41 billion in ARP ESSER funds to SEAs. The Kentucky
              SEA plan was submitted in June 2021 and approved by the Department in August 2021.




U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                       5
                  State Educational Agency Reserve
                  Under ARP, SEAs were allowed to reserve up to 10 percent of their total ARP ESSER
                  allocation for use by the SEA. 3 Section 2001(f) of ARP required the SEA to set aside funds
                  for certain activities and interventions that respond to students’ academic, social, and
                  emotional needs and address the disproportionate impact of the coronavirus on student
                  subgroups, with Department guidance emphasizing that SEAs should focus their efforts
                  on underserved student subgroups in particular. Specifically, from its total ARP ESSER
                  allocation, the SEA was required to spend at least

                      •    five percent for the implementation of evidence-based interventions aimed
                           specifically at addressing learning loss, such as summer learning or summer
                           enrichment, extended day, comprehensive afterschool programs, or extended
                           school year programs;
                      •    one percent for evidence-based summer enrichment programs; and
                      •    one percent for evidence-based comprehensive afterschool programs.

                  Additionally, an SEA could use up to one-half of 1 percent of its total ARP ESSER
                  allocation for administrative costs and up to 2.5 percent of its total ARP ESSER allocation
                  for emergency needs as determined by the State to address issues related to the
                  coronavirus pandemic.

                  Subgrants to Local Educational Agencies
                  Section 2001(d)(1) of ARP required SEAs to allocate at least 90 percent of their total ARP
                  ESSER allocation to LEAs in the State to help meet a wide range of needs arising from
                  the coronavirus pandemic, including reopening schools safely, sustaining their safe
                  operation, and addressing students’ social, emotional, mental health, and academic
                  needs resulting from the pandemic. SEAs were required to allocate ARP ESSER funds to
                  LEAs based on their respective shares of funds received under Title I, Part A of the
                  Elementary and Secondary Education Act of 1965 (ESEA) in fiscal year (FY) 2020.
                  Additionally, SEAs were required to allocate ARP ESSER funds to LEAs in an expedited
                  and timely manner and, to the extent practicable, no later than 60 days after receiving
                  their ARP ESSER funds.

                  Local Educational Agencies’ ARP ESSER Plans
                  The interim final requirements (IFR) for the ARP ESSER Fund, effective April 22, 2021,
                  require each LEA receiving ARP ESSER funds to develop and submit to the SEA a plan for
                  the LEA’s use of ARP ESSER funds. 4 The LEA must submit the plan in accordance with the


3
    ARP sections 2001(d) and (f).
4
    Federal Register, IFR for ARP ESSER, 86 FR 21198.


U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                           6
                procedures and deadline established by the SEA 5 and make the plan publicly available
                on the LEA’s website. At minimum, the LEA ARP ESSER plan must describe
                    •   the extent to which and how the funds will be used to implement prevention
                        and mitigation strategies that are, to the greatest extent practicable, consistent
                        with the most recent Centers for Disease Control and Prevention (CDC) guidance
                        on reopening schools, in order to continuously and safely open and operate
                        schools for in-person learning;
                    •   how the LEA will use the funds it reserves under section 2001(e)(1) of ARP to
                        address the academic impact of lost instructional time through the
                        implementation of evidence-based interventions, such as summer learning or
                        summer enrichment, extended day, comprehensive afterschool programs, or
                        extended school year;

                    •   how the LEA will spend its remaining ARP ESSER funds consistent with
                        section 2001(e)(2) of ARP; and
                    •   how the LEA will ensure that the interventions it implements, including but not
                        limited to the interventions implemented under section 2001(e)(1) of ARP to
                        address the academic impact of lost instructional time, will respond to the
                        academic, social, emotional, and mental health needs of all students, and
                        particularly those students is proportionately impacted by the coronavirus
                        pandemic, including students from low-income families, students of color,
                        English learners, children with disabilities, students experiencing homelessness,
                        children in foster care, and migratory students.

                The IFR for ARP ESSER required an LEA to engage in meaningful consultation with
                stakeholders when developing its plan. These stakeholders include but are not limited to
                students, families, teachers, school and district administrators, and unions. An LEA was
                also required to consult with the following stakeholders to the extent present in or
                served by the LEA: tribes, civil rights organizations (including disability rights
                organizations), and those representing the interests of children with disabilities, English
                learners, children experiencing homelessness, children and youth in foster care,
                migratory students, children who are incarcerated, and other underserved students.
                Additionally, an LEA needed to provide the public with an opportunity to provide input
                on the plan and consider that input as it developed the plan. Lastly, the IFR for ARP
                ESSER required that LEA ARP ESSER plans be accessible, including to parents with limited



5
 Per Federal Register, IFR for ARP ESSER, 86 FR 21199, the SEA must establish a deadline for an LEA to
submit its plan that is reasonable and should be no more than 90 days after receiving its ARP ESSER
allocation.


U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                         7
              English proficiency and individuals with a disability. The Kentucky Department of
              Education required LEAs to submit their ARP ESSER plan by July 31, 2021. Beginning in
              November 2022, it required LEAs to submit (at least annually) updated ARP ESSER plans
              for its review and approval.

              Local Educational Agencies’ Use of ARP ESSER Funds
              Section 2001(e)(1) of ARP requires an LEA to reserve at least 20 percent of its ARP ESSER
              allocation to address the academic impact of lost instructional time (learning loss)
              through the implementation of evidence-based interventions—for example by providing
              intensive or high-dosage tutoring or accelerating learning. LEAs must ensure that the
              interventions respond to students’ academic, social, and emotional needs and address
              the disproportionate impact of the coronavirus on underrepresented student
              subgroups.

              An LEA may use the other 80 percent of its ARP ESSER allocation for a broad range of
              activities, including any activities allowed under the ESEA, Individuals with Disabilities
              Education Act, the Strengthening Career and Technical Education for the 21st Century
              Act, and the Adult Education and Family Literacy Act.

              For example, an LEA may use ARP ESSER funds to

                  •   implement coronavirus prevention strategies to safely reopen schools, maximize
                      in-person instruction, and align with public health guidance, including upgrading
                      school facilities for healthy learning environments;
                  •   address the mental health needs of students, including by using funds to hire
                      counselors and other staff;
                  •   provide integrated student support services, including by using full-service
                      community schools and assisting homeless children and youth in attending and
                      participating in school activities;

                  •   connect elementary and secondary education students to high-quality home
                      internet and devices; and
                  •   stabilize and diversify the educator workforce.
              LEAs can also use ARP ESSER funds for any activity deemed allowable under section
              18003(d) of the CARES Act and section 313(d) of CRRSAA. See Appendix B for a summary
              of allowable uses of ESSER funds under the CARES Act, CRRSAA, and ARP.

              Maintenance of Equity
              Section 2004(b) and (c) of ARP includes new equity requirements, called maintenance of
              equity (MOEquity), that are a condition for SEAs and LEAs receiving ARP ESSER funds.
              MOEquity provisions help ensure that schools and LEAs serving large proportions of

U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                           8
                  historically underserved groups of students receive an equitable share of State and local
                  funds. MOEquity requirements ensure that in FYs 2022 and 2023 an SEA does not
                  disproportionately reduce per-pupil State funds to high-need LEAs or reduce per-pupil
                  State funding to the highest-poverty LEAs below their FY 2019 level, and that an LEA
                  does not disproportionately reduce State and local per-pupil funding in high-poverty
                  schools or disproportionately reduce the number of full-time-equivalent staff per pupil
                  in high-poverty schools. 6

                  According to the Department’s Frequently Asked Questions on ARP ESSER MOEquity
                  Requirements (July 26, 2022), MOEquity exceptions for LEAs may be granted by the SEA
                  or Department for various reasons, including those listed under section 2004(c)(2) of
                  ARP. Section 2004(c)(2) of ARP states that an LEA does not need to maintain equity if
                  the LEA meets one or more of the following:

                      1. Has a total enrollment of less than 1,000 students.
                      2. Operates a single school.
                      3. Serves all students within each grade span with a single school.
                      4. Demonstrates an exceptional or uncontrollable circumstance, such as
                         unpredictable changes in student enrollment or a precipitous decline in the
                         financial resources of the LEA as determined by the Department’s Secretary.
                  Additionally, the Department determined that timing and implementation challenges
                  due to the pandemic (specifically related to LEA budgeting) are examples of exceptional
                  or uncontrollable circumstances that justify a limited exception to the local MOEquity
                  requirements for FYs 2022 and 2023. An LEA experiencing these circumstances may
                  demonstrate that it is excepted from the requirements for a given year by certifying to
                  the SEA that it will not implement an aggregate reduction in combined State and local
                  per-pupil funding in that year. Per the final requirements for the ARP ESSER Fund,
                  effective June 8, 2022, 7 each State must publish the names of the LEAs that are
                  excepted under each exception category. Each State must determine the most
                  appropriate way to publish and list this information so that parents, families, and the
                  general public in the State will be able to access and understand the information.




6
 Section 2004(d)(4)(A) of ARP defines a high-poverty school as a school that is in the highest quartile of
schools served by the LEA based on the percentage of economically disadvantaged students served.
7
    Federal Register, Final Requirements for ARP ESSER Fund, 87 FR 34790.


U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                             9
                  Kentucky Department of Education
                  The Kentucky Department of Education (Kentucky), which is led by an appointed
                  Commissioner of Education, is charged with overseeing public preschool–12 education
                  in the Commonwealth of Kentucky. Kentucky’s Office of Continuous Improvement and
                  Support (OCIS) and Office of Finance and Operations (OFO) are responsible for the
                  administration and oversight of ARP ESSER subgrants to LEAs. The Commonwealth of
                  Kentucky has 171 LEAs 8 and 1,477 public schools that collectively serve about
                  648,000 students. As of July 31, 2022 (the end of our audit period), Kentucky had drawn
                  down about $418.8 million (21 percent) 9 of its $2 billion ARP ESSER allocation. As part of
                  the audit, we selected two Kentucky LEAs for review: Jefferson County Public Schools
                  and Warren County Public Schools.

                  Jefferson County Public Schools
                  Jefferson County Public Schools (Jefferson County), located in Louisville, Kentucky, is the
                  largest LEA in the State with 165 schools that serve about 96,000 students. Jefferson
                  County was allocated approximately $384 million in ARP ESSER funds. As of
                  July 31, 2022, Jefferson County had spent about $200.3 million (52 percent) of its
                  $384 million ARP ESSER allocation. Of the $200.3 million, Jefferson County spent about
                  $165 million (82 percent) to address learning loss and $35.3 million (18 percent) in other
                  areas. In its approved ARP ESSER plan, Jefferson County stated that it planned to use its
                  20 percent learning loss reserve, in part, for continuous and extended learning, student
                  learning centers, and mental health and special education support for students and the
                  remainder of its funds for workforce and leadership development and equitable access
                  to technology.

                  Warren County Public Schools
                  Warren County Public Schools (Warren County), located in Bowling Green, Kentucky, is
                  the fourth largest LEA in the State with 23 schools that serve about 18,000 students.
                  Warren County was allocated approximately $34.4 million in ARP ESSER funds. As of
                  July 31, 2022, Warren County had spent about $16.2 million (47 percent) of its
                  $34.4 million ARP ESSER allocation. Of the $16.2 million, Warren County spent about
                  $2.9 million (18 percent) to address learning loss and $13.3 million (82 percent) in other
                  areas. In its approved ARP ESSER plan, Warren County stated that it planned to use its
                  20 percent learning loss reserve, in part, for instructional coaches, the development of a
                  preschool academy, extended school services in the summer, and technology for virtual



8
 Of the 171 LEAs, 120 are county school districts and 51 are independent districts, meaning they are
controlled by local municipalities.
9
    In this report, we round all percentages to the nearest whole number.


U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                          10
              learning and the remainder of its funds for technology (such as hotspot devices and
              audio and video equipment), mental health providers, and arts education (such as
              music, band, and physical education).




U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                    11
              Finding 1. Kentucky Had Adequate Processes to
                Ensure That LEA ARP ESSER Plans Met
                Applicable Requirements
              Kentucky had adequate processes to ensure that LEA ARP ESSER plans met applicable
              requirements. Kentucky communicated clear, accurate, and timely guidance and
              technical assistance to LEAs regarding how and when to submit their ARP ESSER plans
              and what to include in those plans. Its process for reviewing and approving plans was
              rigorous and designed to ensure that the plans adequately addressed applicable
              requirements. Kentucky used a checklist to guide its review and approval of LEA ARP
              ESSER plans. The checklist adequately addressed all applicable plan requirements and
              was used by Kentucky’s plan reviewers for all 171 LEAs. We found that Kentucky
              approved an LEA ARP ESSER plan narrative for all 171 LEAs. We reviewed the ARP ESSER
              plans and related plan approval documents for two LEAs (Warren County and Jefferson
              County) and determined that both plans met applicable requirements and that Kentucky
              was consistent in how it reviewed and approved the two plans. Both LEAs submitted
              their ARP ESSER plans timely, properly posted the plans on their websites, and included
              all required information in the plans. Kentucky designed a process to annually review
              and approve updated LEA ARP ESSER plans that, if implemented properly, is adequate to
              ensure that updated plans meet applicable requirements.

               Technical Assistance, Guidance, and Training Provided to LEAs
              Kentucky provided technical assistance and guidance to LEAs, in part, through
              dissemination of Frequently Asked Questions documents (prepared by the Department),
              its website, weekly newsletters, and webcasts. The technical assistance and guidance
              provided to LEAs covered various topics, including ARP ESSER plan narrative
              requirements, plan submission instructions and deadlines, meaningful consultation
              under ARP ESSER, and spending plan budget and signed assurances form submission
              requirements. Kentucky also provided resources and training to LEAs on relevant topics
              such as the ARP ESSER awarding process, LEA ARP ESSER plans, and evidence-based
              practices. Kentucky provided a large portion of this technical assistance, guidance, and
              training to LEAs in April, May, and June 2021, which was 1 to 3 months before LEAs were
              required to submit their ARP ESSER plans (July 31, 2021). We determined that Kentucky
              communicated clear, accurate, and timely guidance and technical assistance to LEAs
              regarding how to develop and submit their LEA ARP ESSER plans and what to include in
              those plans.




U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                   12
                   Kentucky’s Review and Approval of LEA ARP ESSER Plans
                   In accordance with the IFR for ARP ESSER, 10 Kentucky established a deadline for LEAs to
                   submit their ARP ESSER plan (July 31, 2021) that was reasonable. The deadline was also
                   no more than 90 days after LEAs received their ARP ESSER allocation, which followed
                   guidance that the Department provided in its IFR and State plan template. Kentucky
                   required LEAs to submit, within 32 days of receiving their ARP ESSER allocation,
                   narratives for how the LEAs planned to spend their ARP ESSER funds. 11 LEAs were also
                   required to submit a spending plan budget and assurances form 12 for review. Kentucky’s
                   OCIS was responsible for reviewing and approving the LEA ARP ESSER plan narratives
                   and its OFO was responsible for reviewing the LEA spending plan budgets and
                   assurances forms in Kentucky’s Grant Management Application and Planning (GMAP)
                   system. 13 Kentucky’s process for reviewing and approving plans is summarized in Figure
                   1 and further described in the sections that follow.

                   Figure 1. Summary of Kentucky’s Processes for Reviewing and Approving Plans




                   OCIS Review of LEA Plan Narratives
                   The OCIS Policy Advisor and 10 OCIS Title I consultants (collectively, plan reviewers)
                   reviewed the LEA ARP ESSER plan narratives to ensure that they included required
                   information in key areas and otherwise met all applicable requirements, and




10
     Federal Register, IFR for ARP ESSER, 86 FR 21199.
11
  Kentucky notified LEAs of their ARP ESSER allocations on June 29, 2021, via LEA Award Notification
letters.
12
  The ARP ESSER Assurances form lists the required actions an LEA must implement throughout the life
of the ARP ESSER grant. It also includes a statement that the LEA assures that it will use ARP ESSER funds
for activities allowable under section 2001(e) of ARP and will reserve at least 20 percent to address
learning loss.
13
     GMAP is a web-based system that Kentucky uses to manage its grants.


U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                            13
                  summarized the results of their reviews. 14 We reviewed the summary results to verify
                  that Kentucky approved an ARP ESSER plan for all 171 LEAs and to assess the rigor of
                  Kentucky’s review and approval process, including how often and why it did not approve
                  plans. We determined that Kentucky approved an ARP ESSER plan for all 171 LEAs. We
                  concluded that Kentucky’s review and approval process was of sufficient rigor based on
                  the high number of reviews performed, the various reasons for not initially approving
                  plan narratives, and the overall scrutiny that plan reviewers applied for each
                  requirement. Kentucky performed a total of 357 reviews for the 171 LEAs, an average of
                  more than 2 reviews per LEA. Only 24 (14 percent) of 171 LEAs had their plan narratives
                  approved by Kentucky on the first review. One LEA had its plan narrative reviewed five
                  times before Kentucky approved it, further demonstrating the rigor of Kentucky’s review
                  and approval process.

                  The OCIS plan reviewers used a checklist, comprised of yes or no questions for each
                  applicable requirement, to guide their reviews. The plan reviewers checked yes if the
                  narrative met a requirement or no if the narrative did not meet a requirement. If there
                  was a no response for any question on the checklist, the plan reviewer returned the plan
                  to the LEA and provided detailed feedback on what needed to be corrected or added.
                  The LEA then refined its narrative until the plan reviewer was satisfied that it met all
                  applicable requirements. During their reviews, the plan reviewers were primarily
                  focused on verifying that the LEA ARP ESSER plan narratives included sufficient
                  information in the following six areas, as required by the IFR for ARP ESSER, 15 Kentucky,
                  or both:
                      1. The extent to which and how the funds will be used to implement prevention
                         and mitigation strategies that are, to the greatest extent practicable, in line with
                         the most recent CDC guidance, in order to continuously and safely operate
                         schools for in-person learning.
                      2. How the LEA will use the funds it reserves under section 2001(e)(1) of ARP to
                         address the academic impact of lost instructional time through the
                         implementation of evidence-based interventions (20 percent learning loss).
                      3. How the LEA will ensure that the interventions it implements, including but not
                         limited to the interventions under section 2001(e)(1) of ARP to address the




14
  The OCIS Policy Advisor trained the Title I consultants on how to review and approve the LEA plan
narratives. The training included an overview of Kentucky’s review and approval process for LEA ARP
ESSER plans, plan narrative requirements, evidence-based practices, and meaningful consultation.
15
     Federal Register, IFR for ARP ESSER, 86 FR 21198-21199.


U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                          14
                       academic impact of lost instructional time, will respond to the academic, social,
                       emotional, and mental health needs of all students.
                   4. Relevant citations for evidence-based practices.
                   5. How the LEA will engage in meaningful consultation and seek public input as it
                      develops the LEA ARP ESSER plan.
                   6. How the LEA will spend its remaining ARP ESSER funds consistent with
                      section 2001(e)(2) of ARP.
               Reasons why Kentucky did not approve LEA plan narratives included, but were not
               limited to, missing or incomplete information regarding how the LEA would use funds
               reserved for learning loss, how the LEA conducted meaningful consultation and
               incorporated stakeholder feedback when developing its plan, and relevant evidence-
               based citations. The most common reason why Kentucky did not approve LEA ARP
               ESSER plan narratives on the first review was missing or incomplete information
               regarding meaningful consultation and stakeholder feedback. In fact, 141 (82 percent)
               of the 171 LEAs did not provide adequate information in this area the first time they
               submitted their plan narrative. The vast majority (111, or 79 percent) of these LEAs
               provided sufficient information in their narratives to meet this requirement on the next
               submission. The remaining 30 LEAs (21 percent) had to submit their plan narratives up
               to 3 more times before Kentucky approved them.

               Warren County and Jefferson County ARP ESSER Plans
               We reviewed the ARP ESSER plans and related plan approval documents for Warren
               County and Jefferson County and determined that both plans met applicable
               requirements. Both LEAs submitted their ARP ESSER plans timely, properly posted the
               plans on their websites, and included all required information in the plans. Kentucky
               was consistent in how it reviewed and approved the plans for both LEAs and both plans
               were approved on the first review.

               During our review of Warren County, we noticed that although its website included
               accessibility options for the visually impaired and for converting content in multiple
               languages, the website did not provide LEA contact information for parents with limited
               English proficiency or individuals with disabilities who might need additional
               assistance. 16 We shared this information with Warren County officials and they took
               corrective action by adding accessibility contact information to the Warren County
               website. We found that the updated Warren County website was sufficient to meet the



16
  Per Federal Register, IFR for ARP ESSER, 86 FR 21199, LEA ARP ESSER plans must be accessible,
including to parents with limited English proficiency and individuals with a disability.


U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                      15
                   LEA ARP ESSER plan accessibility requirement and determined that no additional actions
                   were required.

                   OFO Review of LEA Spending Plan Budgets and Assurances
                   After the OCIS plan reviewers approved the plan narratives, they notified (by email) the
                   LEAs of the approval and required the LEAs to upload their ARP ESSER spending plan
                   budget and sign their ARP ESSER Assurances form in GMAP. Kentucky required LEA
                   superintendents to electronically sign the ARP ESSER Assurances form in GMAP. By
                   signing the assurances form, the LEAs promised to comply with applicable Federal
                   requirements while administering ARP ESSER funds. Kentucky’s OFO personnel then
                   accessed GMAP and verified that the LEAs had uploaded their spending plan budgets
                   and that the assurances forms had been signed by the superintendents. Once OFO
                   personnel verified that these two actions had been completed in GMAP, the LEA could
                   submit a request to Kentucky for ARP ESSER funds (reimbursement funding method).

                   The spending plan budget is a form in GMAP with fields for cost accounting codes and
                   descriptions, budgeted amounts, and expenditure narratives. The form also includes a
                   specific section for the LEA to input the same information for the 20 percent of ARP
                   ESSER funds reserved for learning loss. GMAP has controls to ensure that LEAs correctly
                   upload their spending plan budgets and that basic requirements are met, which include
                   having preloaded budget categories that align with approved ARP ESSER cost accounting
                   codes and a designated section to account for the 20 percent of funds reserved for
                   learning loss.

                   OCIS Review of Updated LEA ARP ESSER Plans
                   In November 2022, Kentucky began requiring its LEAs to submit in GMAP their updated
                   ARP ESSER plan narratives and spending plans, which would be reviewed and approved
                   by the OCIS plan reviewers. 17 LEAs are required to include a functioning website link to
                   their updated ARP ESSER plans. In their updated spending plan budgets, LEAs are
                   required to identify all items with a unit cost of $5,000 or more. According to the OCIS
                   Associate Commissioner, this new requirement was incorporated to streamline the
                   process for LEAs to obtain the required approval from Kentucky for items with a unit
                   cost of $5,000 or more. 18 The OCIS plan reviewers will use a checklist (ARP ESSER
                   Consultant Checklist) maintained in GMAP to guide their reviews, provide technical
                   assistance and feedback to LEAs as needed, and verify that




17
  Kentucky also required its LEAs to submit an updated Safe Return to In-Person Instruction plan. For
this audit, we limited our review to LEAs’ use of funds plans and related spending plan budgets.
18
     Kentucky previously required LEAs to obtain approval via email for these items.


U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                          16
                   •   the LEA provides a functioning link to its ARP ESSER plan;

                   •   the ARP ESSER plan narrative aligns with the spending plan budget narrative;
                   •   the spending plan budget items are reasonable, allocable, necessary, and
                       substantially align to the types of activities reported in the ARP ESSER plan
                       narrative and Provision of Services page; 19 and
                   •   the spending plan budget allocates at least 20 percent of the ARP ESSER funds
                       for learning loss activities.
               If not initially approved, the LEA will need to refine its updated documents until the plan
               reviewer is satisfied that all applicable requirements have been met. While updated
               information can be provided and reviewed at any time, the OCIS Associate
               Commissioner told us that Kentucky would annually perform this review for all 171 LEAs
               for the duration of the ARP ESSER grant. We reviewed the design of Kentucky’s process
               for annually reviewing and approving updated ARP ESSER plan information. We
               concluded that the process, if implemented properly, is adequate to ensure that
               updated LEA ARP ESSER plans meet applicable requirements.

               A non-Federal entity must establish and maintain effective internal control over the
               Federal award that provides reasonable assurance that it is managing the award in
               compliance with Federal statutes, regulations, and the terms and conditions of its award
               (2 Code of Federal Regulations (C.F.R.) section 200.303(a)). These internal controls
               should be compliant with the Comptroller General of the United States’ guidance in the
               U.S. Government Accountability Office’s (GAO) Standards for Internal Control in the
               Federal Government (September 2014) or the Committee of Sponsoring Organizations
               of the Treadway Commission’s Internal Control Integrated Framework. One component
               of internal control is control activities. Section 10.01 of GAO’s Standards for Internal
               Control in the Federal Government states that management should design control
               activities to achieve objectives and respond to risks.




 The Provision of Services page is a form in GMAP that the LEA uses to describe how it plans to spend
19

ARP ESSER grant funds.


U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                       17
                  Finding 2. Kentucky’s Process for Reviewing LEA
                    ARP ESSER Reimbursement Requests Should
                    Be Documented and Could Be Strengthened in
                    a Key Area
                  Kentucky’s process for reviewing LEA ARP ESSER reimbursement requests should be
                  documented and could be strengthened in a key area to provide additional assurance
                  that LEAs use ARP ESSER grant funds for allowable purposes. Kentucky monitored LEAs’
                  use of ARP ESSER funds, in part, by reimbursing LEAs after verifying that their
                  reimbursement request aligned with the approved budget and did not exceed the
                  amount awarded (reimbursement process) and reviewing expenditure reports for all
                  LEAs each quarter to verify that expenditures were assigned to an allowable code and
                  did not exceed budgeted amounts (quarterly review process). While Kentucky has been
                  consistent in how it oversees LEAs’ use of ARP ESSER funds, it does not request or
                  review any supporting documentation (such as contracts, receipts, and invoices) from
                  LEAs as part of its review of LEA reimbursement requests. Kentucky also does not have
                  written policies and procedures to guide personnel through the reimbursement process.
                  We reviewed a total of 26 ARP ESSER expenditures for Warren County and Jefferson
                  County (13 expenditures for each LEA) and identified issues at Warren County. For
                  Warren County, we identified one expenditure ($9,200 for a golf cart) that was
                  unallowable because it did not meet the overall purpose of the ARP ESSER program
                  and four expenditures (equipment purchases totaling $149,882) for which Warren
                  County did not obtain prior written approval from Kentucky, contrary to 2 C.F.R.
                  section 200.439(b) and Kentucky policy.

                  As of the end of our fieldwork, Kentucky had designed but not yet started additional
                  monitoring of selected LEAs based on their overall risk (ARP ESSER monitoring). After
                  the exit conference, Kentucky provided us with written policies and procedures for its
                  ARP ESSER monitoring process. We reviewed Kentucky’s ARP ESSER monitoring policies
                  and procedures and concluded that they were designed in a way that should enable
                  Kentucky to identify and select high-risk LEAs for review and detect instances of
                  noncompliance during those reviews.

                  Kentucky’s Oversight of LEA MOEquity Requirements.
                  Kentucky published on its website the names of the LEAs receiving an ARP ESSER
                  MOEquity exception and the reasons for those exceptions, in accordance with the final
                  requirements for the ARP ESSER Fund. 20 All 171 LEAs requested and received an ARP



20
     Federal Register, Final Requirements for ARP ESSER Fund, 87 FR 34790.


U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                      18
                ESSER MOEquity exception for FY 2022. 21 For an LEA seeking a MOEquity exception for
                an exceptional or uncontrollable circumstance, and where there was no aggregate
                reduction in State and local per-pupil funding, Kentucky required the LEA’s
                superintendent to submit a signed LEA Certification of Exception from Local
                Maintenance of Equity Requirements form in Kentucky’s GMAP. All other LEAs were
                required to email their MOEquity exception requests to the Kentucky’s Assistant
                Director, Division of District Support for verification or request a special exception from
                the Department. Warren County and Jefferson County requested an ARP ESSER
                MOEquity exception for an exceptional or uncontrollable circumstance with no
                aggregate reduction in State and local per-pupil funding and their superintendents
                signed the required certification in GMAP. We concluded that both LEAs provided the
                required documentation and certification to support their exemption.

                Technical Assistance, Guidance, and Training Provided to LEAs
                Kentucky provided technical assistance and guidance to LEAs, in part, through
                dissemination of Frequently Asked Questions documents (prepared by the Department),
                its website, weekly newsletters, and webcasts. The technical assistance and guidance
                provided to LEAs covered various topics, including allowable uses of ARP ESSER funds
                and the ARP ESSER MOEquity requirements. Kentucky provided a large portion of this
                technical assistance and guidance to LEAs before LEAs could access their ARP ESSER
                funds. We determined that Kentucky communicated clear, accurate, and timely
                guidance and technical assistance to LEAs regarding allowable uses of ARP ESSER funds
                and the applicable MOEquity requirements.

                Kentucky’s Processes for Monitoring LEAs’ Use of ARP ESSER
                Funds
                Kentucky monitored LEAs’ use of ARP ESSER funds through its reimbursement and
                quarterly review processes. As of the end of our fieldwork, Kentucky had designed but
                not yet started its ARP ESSER monitoring. These processes are described in the next
                three sections, respectively. Figure 2 provides an overview of Kentucky’s review of LEA
                ARP ESSER reimbursement requests.




21
  Of the 171 LEAs that received an exception to MOEquity requirements, 118 LEAs cited that they
experienced an exceptional or uncontrollable circumstance with no aggregate reduction, 30 LEAs cited
that they have a total enrollment of less than 1,000 students, 22 LEAs cited that they serve all students
within a single school per grade span, and 1 LEA was granted an exception from the Department for
exceptional circumstances.


U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                         19
               Reimbursement Process
               Kentucky reimburses LEAs for their ARP ESSER expenditures in the same way it
               reimburses LEAs for their other Federal grant expenditures. Kentucky requires an LEA to
               submit a Federal Cash Request (FCR) form to be reimbursed for its ARP ESSER
               expenditures. The LEA is required to enter the following amounts on the FCR form:
               approved budget, total expenditures to date, and previous cash received. The total
               expenditures to date amount is an aggregate and thus not broken down by object or
               category code. Once the LEA enters that data, the current reimbursement request
               amount (expenditures to date less previous cash received) and remaining grant balance
               (approved grant balance less expenditures to date and current reimbursement request)
               are automatically calculated on the FCR form. LEAs then email their completed FCR
               forms to Kentucky’s OFO. 22

               A Federal program specialist and budget analyst within OFO’s Accounting and Finance
               Branch are responsible for reviewing and approving, respectively, the LEA ARP ESSER
               reimbursement requests. The specialist determines whether the LEA has excess cash by
               comparing the previous cash received amount on the FCR form with related expenditure
               information in an FCR Expenditure Report generated from Kentucky’s Enhanced
               Management Administrative and Reporting System (eMARS). Next, the specialist verifies
               that the LEA's required assurances documents (FCR Statement of Assurances and
               District Funding Assurances) are signed and approved by authorized officials in GMAP. 23
               The specialist also verifies that the person requesting reimbursement on the LEA's
               behalf is listed on the FCR Statement of Assurances. If the assurances documents are
               not signed or the person submitting the reimbursement request is not authorized to do
               so, the specialist emails the LEA and instructs it to address the issue. The specialist then
               enters the FCR form payment information in eMARS, generates a general accounting
               expense document, and attaches the FCR form to the general accounting expense
               document. When notified by the specialist that the FCR form is ready for final review
               and approval, the budget analyst verifies that the FCR form is attached to the general
               accounting expense document and checks for any data entry errors that may have
               occurred when the Federal program specialist entered data from the FCR form into



22
  LEAs send their FCR forms to a Kentucky email account that can be accessed by a Federal program
specialist within OFO.
23
  Kentucky requires an LEA's superintendent or designee to sign the FCR Statement of Assurances
document, which certifies that the information on the FCR form is accurate, properly reviewed, and
submitted in accordance with State and Federal regulations. The District Funding Assurances document
requires the LEA superintendent to assure that all school districts are in compliance with applicable
assurances and that the assurances have been approved by the LEA’s Board of Education.


U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                        20
              eMARS. If there are no errors, the budget analyst approves payment to the LEA. Figure 2
              provides an overview of Kentucky’s review of LEA ARP ESSER reimbursement requests.

              Figure 2. Kentucky’s Review of LEA ARP ESSER Reimbursement Requests




              Kentucky incorporated useful controls into its reimbursement process, including
              verifying that key information on the FCR form was correct, LEA assurances documents
              were properly submitted and approved in GMAP, and an authorized LEA official
              submitted the reimbursement request. However, Kentucky’s process for reviewing LEA
              ARP ESSER reimbursement requests could be strengthened by requiring LEAs to provide
              a listing of their ARP ESSER expenditures and supporting documentation for a sample of
              those expenditures (as requested by Kentucky) as part of their reimbursement request.
              Without this information, it would be difficult for Kentucky to reasonably assure that the
              expenditures for which the LEAs are seeking reimbursement are allowable and properly
              accounted for, and there is an increased risk that Kentucky will not identify or become
              aware of significant compliance issues involving the ARP ESSER program. LEAs’ misuse or
              mismanagement of ARP ESSER funds reduces the funds available for students and
              schools that need them.




U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                     21
                The ARP ESSER program was considered a higher risk program for 2022 according to
                2 C.F.R. section 200.519(c)(2). 24 The Pandemic Response Accountability Committee
                stated that the unprecedented amount of money made available for pandemic relief
                and quick distribution of most funds put the money at a higher risk for fraud. 25 Further,
                ARP ESSER funds can be used for a wide range of activities spanning multiple
                coronavirus response and relief laws. This scenario, in conjunction with Kentucky not
                reviewing supporting documentation on at least a sample basis, could allow for the
                unintentional or intentional misuse of ARP ESSER funds by grantees and subgrantees
                and result in fraud, waste, and abuse going undetected. Without additional controls
                over the LEA reimbursement request process, Kentucky may fail to properly address
                these heightened risks, leaving ARP ESSER funds at greater risk of misuse.

                Non-Federal entities must establish and maintain effective internal control over the
                Federal award that provides reasonable assurance that they are managing the award in
                compliance with Federal statutes, regulations, and the terms and conditions of the
                award (2 C.F.R. section 200.303(a)). State grantees (pass-through entities) are required
                to establish monitoring priorities based on the risks posed by each subgrantee and
                monitor the fiscal activity of subgrantees as necessary to ensure that the subaward is
                used for authorized purposes, complies with Federal statutes, regulations, and the
                terms and conditions of the subaward; and that subaward performance goals are
                achieved (2 C.F.R. section 200.332). In addition, section 10.01 of GAO’s Standards for
                Internal Control in the Federal Government, states that management should design
                control activities to achieve objectives and respond to risks.

                We also found that Kentucky does not have written policies, procedures, or protocols to
                guide its reimbursement process. Kentucky prepared a narrative of its reimbursement
                process for the independent auditors conducting its annual Statewide single audit. 26
                However, that narrative is not used by Kentucky management or staff and thus does not


24
  Federal agencies, with the concurrence of the Office of Management and Budget, may identify Federal
programs that are higher risk and identify them as such in the Compliance Supplement. The ARP ESSER
program was identified as a higher risk program in the Office of Management and Budget’s 2 C.F.R. Part
200, Appendix XI, Compliance Supplement, dated April 2022.
25
  The CARES Act established the Pandemic Response Accountability Committee within the Council of
Inspectors General on Integrity and Efficiency, the oversight and coordination body for the Inspector
General community.
26
  Kentucky is required to provide a narrative of its FCR (reimbursement) process to the Kentucky
Auditor of Public Accounts as part of the Kentucky Statewide single audit. The narrative is used by the
Auditor of Public Accounts’ office to gain an understanding of the process and test whether the
identified procedures are followed.


U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                          22
                  constitute documented processes that Kentucky personnel follow. Section 12.01 of
                  GAO’s Standards for Internal Control in the Federal Government states that
                  management should implement control activities through policies. Section 12.04
                  suggests that those in key roles further define policies through day-to-day procedures
                  depending on the rate of change in the operating environment and complexity of the
                  operational process. Further, Kentucky’s Internal Control Handbook states that, “[t]he
                  best designed internal controls are not completely effective unless they are backed up
                  and documented into formal policies. Without documentation, internal controls can
                  erode over time and employees may implement undocumented internal controls
                  inconsistent with management’s intentions.” Without documented procedures to guide
                  its reimbursement process, Kentucky officials and employees might not fully understand
                  what is expected of them or what they should be reviewing, and it could result in
                  inconsistencies in how reimbursement requests are reviewed and approved.
                  Documented procedures also help facilitate the training of new and current employees
                  and ensure that employees perform processes consistently.

                  Quarterly Review Process
                  Each quarter, program specialists within Kentucky’s Division of Budget and Financial
                  Management review budgeted and actual expenditure information for all 171 LEAs.
                  Kentucky requires LEAs to submit, via email, a summary Comprehensive District
                  Improvement Plan (CDIP) report within 25 days after the end of each quarter. LEAs use
                  Kentucky’s Municipal Users Network Information System (MUNIS) 27 to create the
                  summary CDIP report each quarter. The summary CDIP report, in part, shows the total
                  amount budgeted for ARP ESSER; the amounts expended by month, quarter, and year;
                  and the amount of funds available by cost code. For each LEA, the program specialists
                  compare the total actual expenditures for each cost code (as shown in the summary
                  CDIP report) to the cost code included in Kentucky’s ARP ESSER funding matrix. 28 They
                  also compare ARP ESSER budget information in the LEA’s summary CDIP report to the
                  revised budget total in the Federal allocation spreadsheet 29 to ensure they align. If
                  errors are identified during the quarterly review (for example, if ARP ESSER
                  expenditures were coded to an unallowable cost code), the program specialist emails



27
  MUNIS is a web-based, grants management system that all Kentucky LEAs use to track and account for
their local, State, and Federal funds, using the standardized accounting codes and procedures
established by Kentucky to account for their ARP ESSER funds.
28
  Kentucky created a funding matrix that showed the accounting codes where ARP ESSER expenditures
could be charged (codes that would generally represent an allowable use of ARP ESSER funds). Kentucky
provided this matrix to the LEAs.
29
     The Federal allocation spreadsheet contains the ARP ESSER fund allocations for all 171 LEAs.


U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                       23
               the LEA’s finance officer to learn why the error occurred and provide technical
               assistance on how to correct the issue. If it is determined that an LEA charged an
               allowable ARP ESSER expenditure to an unallowable cost code, Kentucky requires the
               LEA to reclassify the expenditure into an allowable code. However, if it is determined
               that the expenditure was unallowable, the LEA is required to charge the expenditure to
               a local or State funding source. In both cases, Kentucky requires the LEA to submit a
               revised summary CDIP report to show that the error was corrected and that all ARP
               ESSER expenditures were charged to an allowable ARP ESSER cost accounting code. The
               program specialists document their quarterly review work in a spreadsheet and
               maintain a record of their review. This process, when used in conjunction with robust
               reimbursement and ARP ESSER monitoring processes, could help ensure that LEAs use
               ARP ESSER funds in accordance with applicable requirements and their approved ARP
               ESSER plan.

               ARP ESSER Monitoring Process
               Kentucky established a process to monitor selected LEAs’ use of ARP ESSER funds, which
               Kentucky officials told us would begin in June 2023. Because Kentucky’s ARP ESSER
               monitoring of selected LEAs had not started as of the end of our fieldwork, we limited
               our review to the design of the monitoring process. The OCIS Assistant Director told us
               that the process that Kentucky used to monitor CRRSAA ESSER funds is the same process
               Kentucky will use to monitor ARP ESSER funds. 30 After the exit conference in May 2023,
               Kentucky provided us with written policies and procedures for its ARP ESSER monitoring
               process. We reviewed the policies and procedures and concluded that Kentucky’s ARP
               ESSER monitoring is designed in a way that should enable Kentucky to identify and
               select high-risk LEAs for review and detect instances of noncompliance during those
               reviews.

               Kentucky has 14 teams composed of 28 program consultants and 4 architects who are
               responsible for conducting ESSER monitoring. Each team consists of two program
               consultants and if construction or remodeling projects over $2,000 are involved, one
               architect. Towards the end of our fieldwork, Kentucky performed a risk assessment and




30
  In February 2021, Kentucky developed a risk-based ESSER monitoring process to monitor selected
LEAs’ use of CARES Act ESSER funds. Kentucky later updated this process for CRRSAA ESSER and used it
to monitor selected LEAs’ use of CRRSAA ESSER funds. Kentucky completed its CRRSAA ESSER monitoring
in November 2022.


U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                   24
               used a risk assessment tool 31 to help select LEAs for ARP ESSER monitoring. The 14 LEAs
               with the highest risk scores (excluding those that were subject to CRRSAA ESSER
               monitoring) were selected for ARP ESSER monitoring.

               Kentucky’s ARP ESSER monitoring process will consist of a self-assessment, desk review,
               and site visit for each selected LEA. Selected LEAs are required to submit a completed
               ARP ESSER funds monitoring self-assessment form, an expenditure report from MUNIS,
               and other relevant supporting documentation for review (for example, notes from
               meetings with stakeholders, documents showing that approved evidence-based
               interventions were implemented, policies and procedures, and progress reports). The
               self-assessment form has questions seeking information about the LEA’s development
               of its ARP ESSER plan, ARP ESSER programmatic implementation and outcomes, and
               fiscal management. LEAs are required to submit narratives and evidence for each
               response to the questions on the form. If an LEA used CRRSAA ESSER or ARP ESSER
               funds for construction or remodeling projects over $2,000, it must also submit a
               separate construction or remodeling projects monitoring form that the Kentucky
               monitoring teams will use to help determine whether the LEA followed Kentucky’s
               construction approval processes and applicable Federal requirements.

               The desk review will generally consist of the monitoring teams reviewing the LEAs’ self-
               assessment responses and supporting documents. Specific expenditures and related
               supporting documents (such as contracts, receipts, and invoices) may be reviewed
               during the desk review, depending on the type or amount of the expenditure. The
               monitoring teams will use a checklist and the self-assessment form to document the
               desk review. After the desk review, the teams will perform site visits. During site visits,
               the teams will conduct group interviews with the LEA superintendent, finance officer,
               ESSER funds contact or Federal programs coordinator, director of facilities, and any
               other employee or official who the LEA wants to participate in the interview. The
               monitoring teams will review additional supporting documentation, as needed, and visit
               schools to observe physical inventory and construction projects. Kentucky will then
               prepare and provide the LEA with a final report that identifies strengths,




31
  The ARP ESSER risk assessment tool incorporated the following risk indicators: ARP ESSER allocation
amount, high percentage of ESSER funds used for construction, prior issues with Federal grants, timely
spending of CRRSAA ESSER and ARP ESSER funds, not subject to consolidated or ESSER monitoring in the
last 5 years, and late liquidation request under CARES Act ESSER or unspent CARES Act ESSER balance.


U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                       25
                   recommendations, and required corrective actions that the LEA must take in response
                   to deficiencies identified during the monitoring.

                   Review of ARP ESSER Expenditures at Warren County and
                   Jefferson County
                   We reviewed samples of ARP ESSER expenditures at Warren County and Jefferson
                   County to determine whether they used ARP ESSER funds in accordance with applicable
                   requirements and the approved ARP ESSER plan. 32 We identified issues at Warren
                   County.

                   Warren County
                   We reviewed 13 ARP ESSER expenditures totaling $326,740. These generally included
                   expenditures for payroll; arts and music; and technology such as Chromebooks, teacher
                   workstations (virtual learning), and software. We determined that 12 (92 percent) of the
                   13 expenditures reviewed were allowable. One expenditure (golf cart) was unallowable
                   because it did not meet the overall purpose or intent of the ARP ESSER program.
                   Additionally, we determined that Warren County did not obtain prior written approval
                   from Kentucky for all four (100 percent) expenditures that required prior approval,
                   contrary to 2 C.F.R. section 200.439(b) and Kentucky policy. The golf cart was one of the
                   four expenditures that should have but did not receive prior written approval from
                   Kentucky.

                   Unallowable Expenditure
                   Warren County used $9,200 in ARP ESSER funds to purchase a golf cart that was not
                   reasonable and necessary to meet the overall purpose of the ARP ESSER program. The
                   purpose of the Education Stabilization Fund, which ESSER funds are part of, is to
                   prevent, prepare for, and respond to the coronavirus pandemic (CARES Act, “Education
                   Stabilization Fund” section). 33 Warren County’s Director of ESSER Funds told us that the
                   golf cart would be used to monitor students during outdoor events due to a shortage in
                   staff resulting from the pandemic. While purchasing a golf cart with ARP ESSER funds
                   could be allowable if its intended use met the overall purpose of the ARP ESSER
                   program, Warren County’s justification for the golf cart purchase did not support that it
                   was reasonable or necessary to prevent, prepare for, or respond to the coronavirus
                   pandemic. During our fieldwork, Kentucky also identified the golf cart as an unallowable
                   cost when reviewing Warren County’s spending plan budget as part of its annual review
                   of LEA ARP ESSER plan updates and informed Warren County’s Director of ESSER Funds
                   that the golf cart did not meet the intent of the ARP ESSER program. Warren County


32
     The results of our testing apply only to the samples selected and cannot be projected.
33
     The CARES Act, CRRSAA, and ARP provided money for the Education Stabilization Fund.


U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                         26
              took corrective action by contacting the school that purchased the golf cart to have it
              removed as an ARP ESSER expenditure and providing documentation to Kentucky
              showing that the golf cart had been removed as an ARP ESSER expenditure. We
              reviewed documentation at Warren County and verified that the funds were reallocated
              towards the purchase of an allowable expenditure.

              Expenditures That Did Not Receive Prior Written Approval
              Warren County did not obtain prior written approval from Kentucky for four equipment
              purchases totaling $149,882. This is contrary to Kentucky policy and 2 C.F.R. section
              200.439(b), which states that equipment and other capital expenditures with a unit cost
              of $5,000 or more must have prior written approval of the Federal awarding agency or
              pass-through entity. Each of the four expenditures had unit costs greater than $5,000
              and thus required prior written approval from Kentucky.

              We asked Warren County if it had been requesting prior written approval from Kentucky
              for equipment and other capital expenditures with a unit cost of $5,000 or more. In
              response, Warren County’s director of ESSER funds told us that Warren County was not
              informed about the requirement until December 2022 when Kentucky sent an email on
              that topic to LEA finance officers. We asked Kentucky when it had informed LEAs about
              the prior written approval requirement. Kentucky’s OCIS associate commissioner told us
              that Kentucky presented information about the requirement to LEAs at two conferences
              that took place in June 2021 and November 2021, and during a November 2022 finance
              officer webcast. The associate commissioner added that during the November 2022
              webcast, Kentucky asked LEAs to revise their ARP ESSER spending plan budgets to
              include single unit purchases of $5,000 or more, including those that may not have
              received prior approval and those planned in the future. We reviewed documents,
              including presentation slides for the conferences and emails between Kentucky and two
              LEAs regarding the preapproval requirement, that showed that Kentucky communicated
              the requirement to LEAs during the conferences held in 2021 and that at least two LEAs
              specifically discussed the requirement with Kentucky. The ARP ESSER Assurances form,
              signed by LEA superintendents, requires LEAs to comply with all applicable regulations,
              including those in 2 C.F.R. Part 200 (Uniform Guidance). For those reasons, Warren
              County should have known that it needed to obtain written approval from Kentucky
              before purchasing equipment or other capital expenditure items with a unit cost of
              $5,000 or more.

              Jefferson County
              We reviewed 13 ARP ESSER expenditures totaling $7,411,912. These generally included
              expenditures related to payroll; repairs and maintenance; facility improvements; service
              contracts; and technology such as Chromebooks, printers, and smart board displays. We




U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                   27
              determined that all 13 expenditures were in accordance with applicable requirements
              (allowable) and Jefferson County’s approved ARP ESSER plan.

              Recommendations
              We recommend that the Assistant Secretary for the Office of Elementary and Secondary
              Education require Kentucky to —

                  2.1 Design and document procedures to guide Kentucky personnel through the LEA
                      reimbursement request process. The procedures should be in the form of
                      written policies and procedures or protocols, and designed to ensure
                      compliance with applicable requirements, including those covered in 2 C.F.R.
                      Part 200 (Uniform Guidance) and ARP.

                  2.2 In order to address the heightened risk associated with ARP ESSER funds, design
                      and incorporate into its documented procedures for reviewing LEA
                      reimbursement requests protocols to sample LEA expenditures charged to ARP
                      ESSER and review supporting documentation to ensure that applicable Federal,
                      State, and local requirements are met.

                  2.3 Implement its ARP ESSER monitoring policies and procedures, as designed, to
                      provide additional assurance that LEAs use ARP ESSER funds in accordance with
                      applicable requirements and their approved ARP ESSER plans.

              Kentucky Comments
              Kentucky neither agreed nor disagreed with the finding and with recommendation 2.2.
              However, Kentucky described the actions it plans to take for recommendation 2.2,
              stating that it will work with the Department to enhance its ARP ESSER reimbursement
              request review process by determining an appropriate increased level of review and
              adding steps to the reimbursement request review process. Kentucky agreed with
              recommendation 2.1, stating that it has designed and documented procedures for the
              Federal Cash Request process and posted the approved procedures on its SharePoint
              site (accessible to staff) and its publicly accessible webpage. Kentucky requested that
              recommendation 2.1 be removed or amended to reflect the actions it has already taken
              to address the recommendation. Kentucky disagreed with the phrasing of
              recommendation 2.3, stating that it has already begun implementing its ARP ESSER
              monitoring processes. Kentucky noted that it began preparing for the ARP ESSER
              monitoring cycle in spring 2023, its monitoring formally started in June 2023, and its first
              monitoring site visits will occur in September 2023. Kentucky proposed alternative
              phrasing for recommendation 2.3 to clarify that its monitoring work is underway.




U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                       28
              OIG Response
              Kentucky’s development of written policies and procedures for the LEA ARP ESSER
              reimbursement request review process is partially responsive to recommendation 2.1.
              Developing written policies and procedures is responsive to the recommendation;
              however, the policies and procedures did not include steps for Kentucky personnel to
              sample LEA expenditures charged to the ARP ESSER grant and review supporting
              documentation to ensure that applicable Federal, State, and local requirements are met,
              as discussed in recommendation 2.2. To fully address the recommendation and
              heightened risk associated with ARP ESSER funds, Kentucky should incorporate into its
              written policies and procedures steps to sample LEA ARP ESSER expenditures and review
              supporting documentation.

              Kentucky's plan to work with the Department to enhance its ARP ESSER reimbursement
              request review process by determining an appropriate increased level of review and
              adding steps to the reimbursement request review process is a good first step and
              partially responsive to recommendation 2.2. If sampling LEA ARP ESSER expenditures
              and reviewing supporting documentation become part of Kentucky’s increased level of
              review, Kentucky’s proposed actions are responsive to our recommendation.

              We disagree with Kentucky’s implication that the phrasing of recommendation 2.3 does
              not adequately acknowledge that some activities were already underway because we
              include in the report much of what Kentucky provided in its response. For example, in
              Finding 2, we note that Kentucky planned to start its ARP ESSER monitoring in June 2023
              and that towards the end of our fieldwork, Kentucky had performed a risk assessment
              to select LEAs for ARP ESSER monitoring. We did not make any changes to the report or
              recommendations in response to Kentucky’s comments. We did make clarifying edits to
              recommendation 2.2 in response to technical comments provided by the Department.




U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                  29
              Appendix A. Scope and Methodology
              Our audit covered Kentucky’s processes for reviewing and approving LEA ARP ESSER
              plans and overseeing LEAs’ use of ARP ESSER funds from March 24, 2021, through
              July 31, 2022. To achieve our objective, we gained an understanding of the following
              laws, regulations, and guidance relevant to ARP ESSER:

                  •   CARES Act (P.L. 116-136, March 27, 2020), section 18003 (“Elementary and
                      Secondary School Emergency Relief Fund”).
                  •   CRRSAA (P.L. 116-260, December 27, 2020), section 313 (“Elementary and
                      Secondary School Emergency Relief Fund”).
                  •   ARP (P.L. 117-2, March 11, 2021), sections 2001 (“Elementary and Secondary
                      School Emergency Relief Fund”) and 2004 (“Maintenance of Effort and
                      Maintenance of Equity”).
                  •   2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and
                      Audit Requirements for Federal Awards.
                  •   Office of Management and Budget’s 2 C.F.R. Part 200, Appendix XI, Compliance
                      Supplement, April 2022.
                  •   GAO’s “Standards for Internal Control in the Federal Government”
                      (September 2014).
                  •   IFR for ARP ESSER (April 22, 2021), 86 FR 21195–21207; and Final Requirements
                      for ARP ESSER Fund (June 8, 2022), 87 FR 34790–34794.
                  •   Department guidance, including the Department’s Secretary of Education letter
                      (March 24, 2021) announcing SEA grant allocations; Certification and Agreement
                      for Funding under the Education Stabilization Fund Program ESSER Fund; Fact
                      Sheet ARP Act of 2021 ESSER Fund; Frequently Asked Questions documents for
                      ARP ESSER Program Maintenance of Equity Requirements (updated July 26,
                      2022) and ESSER and Governor’s Emergency Education Relief Programs (May
                      2021, and updated on December 29, 2021, and December 7, 2022); and ED
                      COVID-19 Handbook, Roadmap to Reopening Safely and Meeting All Students’
                      Needs, Volume 2 (2021).
              We gained an understanding of Kentucky’s oversight and monitoring activities through
              interviews with SEA and LEA officials. We interviewed employees and officials from
              Kentucky, Warren County, and Jefferson County who had knowledge of or were
              responsible for establishing, administering, or monitoring the ARP ESSER program. At
              Kentucky, we interviewed officials who were responsible for providing guidance and
              technical assistance to LEAs, reviewing and approving LEA ARP ESSER plans and budgets,



U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                     30
              and monitoring LEAs’ use of ARP ESSER funds. To assess the reliability of the testimonial
              evidence, we compared information obtained from interviews with records related to
              Kentucky’s oversight and monitoring activities when provided by the interviewees. We
              concluded that the testimonial evidence we obtained was sufficiently reliable within the
              context of our audit objective.

              We also gained an understanding of Kentucky’s oversight and monitoring activities
              through reviews of relevant documents and records. We reviewed documents
              identifying Kentucky’s offices and staff who had a role in establishing, administering, or
              monitoring the ARP ESSER program. We reviewed and evaluated the guidance, technical
              assistance, and training (such as newsletters, webcasts, training slides, and instructions)
              that Kentucky provided to LEAs regarding ARP ESSER plans and spending. We also
              reviewed written policies and procedures, narratives, and protocols to further our
              understanding of how Kentucky monitored or planned to monitor LEAs’ use of ARP
              ESSER funds, including through its MOEquity determinations and quarterly review,
              reimbursement, and ARP ESSER monitoring processes. Additionally, we reviewed and
              evaluated the tools that Kentucky used to monitor LEA ARP ESSER plans and LEAs’ use of
              ARP ESSER funds, including reviewer checklists, guides, standardized forms and
              templates, and risk assessment framework. The purposes of these document reviews
              were to gain an understanding of how Kentucky administered and monitored ARP ESSER
              funds and assess the adequacy of those activities within the context of the audit
              objective. We also gained an understanding of Warren County’s and Jefferson County’s
              processes for reviewing and approving ARP ESSER expenditures (including their
              procurement, approval, and payment processes), which was generally done to help us
              identify the cause for any deficiencies identified during our review of expenditures at
              the two LEAs.

              Review of Kentucky’s Oversight of LEA ARP ESSER Plans. We reviewed the summary
              results from Kentucky’s review of LEA ARP ESSER plan narratives to verify that Kentucky
              approved the plan narratives for all 171 LEAs, assess the rigor of Kentucky’s process for
              reviewing and approving LEA APR ESSER plans, and gain an understanding of how often
              and why plan reviewers did not approve plans. We also reviewed the ARP ESSER plans
              for Warren County and Jefferson County to determine whether they met applicable
              requirements (specifically, the requirements set forth in the IFR for ARP ESSER,
              April 22, 2021), and verify that Kentucky was consistent in how it reviewed and
              approved the two plans and followed all applicable steps in its review and approval
              process. We also accessed each LEA’s website to ensure that its ARP ESSER plan was
              publicly available.

              Review of Kentucky’s Oversight of LEAs’ Use of ARP ESSER Funds. We reviewed
              samples of ARP ESSER expenditures at Warren County and Jefferson County to



U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                      31
              determine whether they used ARP ESSER funds in accordance with applicable
              requirements. Specifically, we reviewed each expenditure to determine whether it was
              (a) connected to the pandemic, (b) authorized under applicable regulations, and
              (c) reasonable and necessary in accordance with Uniform Guidance. We also reviewed
              each expenditure to determine whether it aligned with the LEAs’ approved ARP ESSER
              plans. Lastly, we reviewed the LEAs’ procurement, review, and approval activities for
              each expenditure to verify that the LEAs followed their established processes in these
              areas. See the Sampling Methodology section for additional information.

              Sampling Methodology
              To determine whether Kentucky had an adequate oversight process to ensure that LEAs
              used ARP ESSER funds in accordance with applicable requirements and their approved
              ARP ESSER plans, we selected 2 LEAs from the universe of 171 LEAs that were allocated
              ARP ESSER funds and tested a total of 26 expenditures for the 2 LEAs (13 expenditures
              for each LEA). We judgmentally selected for review the LEA with the largest ARP ESSER
              funding allocation (Jefferson County). For the second LEA, we limited the universe of
              LEAs eligible for selection to those LEAs that were allocated $5,000,000 or more in
              ARP ESSER funds and had expended 25 percent or more of their ARP ESSER funding as of
              July 31, 2022. We then randomly selected an LEA (Warren County) from the limited
              universe of 37 LEAs (excluding Jefferson County).

              For Warren County, we selected (using both judgmental and random sampling) a
              nonstatistical sample of 13 ARP ESSER expenditures (3 percent) from a total population
              of 517 ARP ESSER expenditures as of July 31, 2022. The 13 expenditures represented
              $326,740 (2 percent) of the $16,168,708 in total ARP ESSER expenditures. To select our
              sample, we first divided the expenditures into two strata: one for learning loss (totaling
              $2,847,148) and one for all other expenditures (totaling $13,321,560). Next, we
              removed from each stratum indirect costs and any expenditures that were less than
              $5,000. After removing these items, the learning loss population and other expenditures
              population totaled $1,213,537 and $8,630,520, respectively. We then selected samples
              as follows:

                  •   From the learning loss population, we randomly selected 3 expenditures,
                      totaling $30,487.
                  •   From the other expenditures population, we selected 10 expenditures, totaling
                      $296,253. First, we judgmentally selected 3 expenditures, totaling $199,479. We
                      selected the two largest (non-payroll) expenditures and one expenditure whose
                      description did not appear to meet the grant’s purpose. Next, from the
                      remaining population we randomly selected 7 expenditures, totaling $96,774.




U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                     32
                 For Jefferson County, we selected (using both judgmental and random sampling) a
                 nonstatistical sample of 13 ARP ESSER expenditures (1 percent) from a total population
                 of 1,455 ARP ESSER expenditures as of July 31, 2022. The 13 expenditures represented
                 $7,411,912 (4 percent) of the $200,280,889 in total ARP ESSER expenditures. To select
                 our sample, we first divided the expenditures into two strata: one for learning loss
                 (totaling $164,982,363) and one for all other expenditures (totaling $35,298,526). Next,
                 we removed from each stratum indirect costs and any expenditures that were less than
                 $5,000. After removing these items, the learning loss population and other expenditures
                 population totaled $126,120,677 and $32,720,668, respectively. We then selected
                 samples as follows:

                     •   From the learning loss population, we randomly selected three expenditures,
                         totaling $35,823.

                     •   From the other expenditures population, we selected 10 expenditures, totaling
                         $7,376,089. First, we judgmentally selected three expenditures, totaling
                         $7,089,173. We selected the largest (non-payroll) expenditure, the largest
                         construction expenditure, and one expenditure whose description did not
                         appear to meet the grant’s purpose. Next, from the remaining population we
                         randomly selected seven expenditures, totaling $286,916.
                 The results of our testing apply only to the samples selected and cannot be projected.

                 Use of Computer-Processed Data
                 We relied, in part, on computer-processed data (spreadsheets) provided by Kentucky to
                 help us select the two LEAs for review. Kentucky provided spreadsheets listing LEA ARP
                 ESSER allocations and total ARP ESSER expenditures through July 31, 2022. To assess the
                 reliability of the spreadsheet with LEA ARP ESSER allocations, we compared the
                 allocations in the spreadsheet to the award amounts in the ARP ESSER Grant Award
                 Notifications for three LEAs. We also reviewed the spreadsheet for completeness by
                 comparing the names and count of LEAs (171) on the allocation spreadsheet to the
                 names and count of LEAs on Kentucky’s County and Independent School Districts LEA
                 map. 34 To assess the reliability of the spreadsheet with LEA ARP ESSER expenditures, we
                 compared total expenditures on the spreadsheet to total expenditures on the FCR forms
                 for four LEAs. We also reviewed the spreadsheet for completeness by verifying that it
                 included expenditures as of July 31, 2022, for all 171 LEAs. Based on these assessments,
                 we concluded that the data in the allocation and expenditure spreadsheets were
                 reliable for their intended use.




34
     Source: Kentucky’s website (https://education.ky.gov/comm/schdist/Documents/KDEMAP.pdf).


U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                          33
              We also relied, in part, on computer-processed data that we obtained from MUNIS for
              Warren County and Jefferson County. From MUNIS, we obtained the universes of ARP
              ESSER expenditures as of July 31, 2022, for Warren County and Jefferson County. We
              used the universes to select samples of expenditures for detailed testing to determine
              whether the two LEAs used their ARP ESSER funds in accordance with applicable
              requirements and their approved ARP ESSER plan. To assess the completeness of the
              data in MUNIS for both LEAs, we compared the total expenditures in MUNIS to the total
              expenditures reported on the LEAs’ July 31, 2022, FCR form. To assess the reliability of
              the data in MUNIS for both LEAs, we reviewed supporting documentation, such as
              invoices and payroll records, for our sample of 26 expenditures (13 expenditures for
              each LEA). Based on this work, we concluded that the data in MUNIS were reliable for
              their intended use.

              Internal Controls
              We obtained an understanding of all five areas of internal control (control environment,
              risk assessment, control activities, information and communication, and monitoring) as
              they relate to Kentucky’s processes for ensuring that LEA ARP ESSER plans meet
              applicable requirements and LEAs use ARP ESSER funds in accordance with applicable
              requirements and their approved LEA ARP ESSER plans. At the SEA level, we limited our
              internal control work to the two areas we deemed significant to the audit objective: risk
              assessment and control activities.
                  •   Risk assessment—risk identification, analysis of risk, responses to risk, including
                      consideration of the potential for fraud.
                  •   Control activities—design of appropriate types of control activities, design of
                      control activities at various levels, documentation of responsibilities through
                      policies, and periodic review of control activities.
              At the LEA level, we limited our internal control work to gaining an understanding of the
              LEAs’ processes (controls) within the context of the individual expenditures selected for
              testing which would help us determine the underlying cause for any identified
              deficiencies.

              As discussed in the findings, we concluded that Kentucky’s process (control activities)
              for ensuring that LEA ARP ESSER plans met applicable requirements was adequate
              (Finding 1) and its process for reviewing and approving LEA ARP ESSER reimbursement
              requests should be documented and strengthened in a key area (Finding 2).

              Compliance with Standards
              We conducted this performance audit in accordance with generally accepted
              government auditing standards. Those standards require that we plan and perform the


U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                        34
              audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our
              findings and conclusions based on our audit objective. We believe that the evidence
              obtained provides a reasonable basis for our findings and conclusions based on our
              audit objective.

              We remotely conducted our audit from August 2022 through June 2023. We discussed
              the results of our audit with Kentucky officials on May 18, 2023.




U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                       35
                  Appendix B. Allowable Uses of ESSER Funds
                  Activities that an LEA may support with ESSER funds include: 35
                  1. Any activity authorized by the ESEA, including the Native Hawaiian Education Act
                     and the Alaska Native Educational Equity, Support, and Assistance Act (20 U.S.C.
                     6301 et seq.).
                  2. Any activity authorized by the Individuals with Disabilities Education Act (20 U.S.C.
                     1400 et seq.).
                  3. Any activity authorized by the Adult Education and Family Literacy Act (AEFLA)
                     (29 U.S.C.3271 et seq.).
                  4. Any activity authorized by the Carl D. Perkins Career and Technical Education Act of
                     2006 (20 U.S.C. 2301 et seq.).
                  5. Any activity authorized by subtitle B of title VII of the McKinney-Vento Homeless
                     Assistance Act (42 U.S.C. 11431 et seq.).
                  6. Coordinating preparedness and response efforts of LEAs with State, local, Tribal, and
                     territorial public health departments, and other relevant agencies, to improve
                     coordinated responses among such entities to prevent, prepare for, and respond to
                     COVID-19.
                  7. Providing principals and other school leaders with the resources necessary to
                     address the needs of their individual schools.
                  8. Activities to address the unique needs of low-income children or students, students
                     with disabilities, English learners, racial and ethnic minorities, students experiencing
                     homelessness, and children and youth in foster care, including how outreach and
                     service delivery will meet the needs of each population.
                  9. Developing and implementing procedures and systems to improve the preparedness
                     and response efforts of LEAs.
                  10. Training and professional development for staff of the LEA on sanitation and
                      minimizing the spread of infectious diseases.
                  11. Purchasing supplies to sanitize and clean the facilities of the LEA, including buildings
                      operated by such LEA.
                  12. Planning for, coordinating, and implementing activities during long-term closures,
                      including providing meals to eligible students, providing technology for online
                      learning to all students, providing guidance for carrying out requirements under the


35
     Per section 18003(d) of the CARES Act, section 313(d) of CRRSAA, and section 2001(e) of ARP.


U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                           36
                  Individuals with Disabilities Education Act and ensuring other education services can
                  continue to be provided consistent with all Federal, State, and local requirements.
              13. Purchasing educational technology (including hardware, software, and connectivity)
                  for students who are served by the LEA that aids in regular and substantive
                  educational interaction between students and their classroom instructors, including
                  low-income students and students with disabilities, which may include assistive
                  technology or adaptive equipment.
              14. Providing mental health services and supports, including through the
                  implementation of evidence-based full-service community schools.
              15. Planning and implementing activities related to summer learning and enrichment
                  and supplemental after-school programs, including providing classroom instruction
                  or online learning during the summer months and addressing the needs of low-
                  income students, students with disabilities, English learners, migrant students,
                  students experiencing homelessness, and children and youth in foster care.
              16. Addressing the academic impact of lost instructional time among an LEA’s students,
                  including low-income students, students with disabilities, English learners, racial and
                  ethnic minorities, students experiencing homelessness, and children and youth in
                  foster care, including by
                      a. administering and using high-quality assessments that are valid and reliable
                         to accurately assess students’ academic progress and assist educators in
                         meeting students’ academic needs, including through differentiating
                         instruction.
                      b. implementing evidence-based activities to meet the comprehensive needs
                         of students.
                      c. providing information and assistance to parents and families on how they
                         can effectively support students, including in a distance learning
                         environment.
                      d. tracking student attendance and improving student engagement in distance
                         education.
              17. School facility repairs and improvements to enable operation of schools to reduce
                  risk of virus transmission and exposure to environmental health hazards, and to
                  support student health needs.
              18. Inspection, testing, maintenance, repair, replacement, and upgrade projects to
                  improve the indoor air quality in school facilities, including mechanical and non-
                  mechanical heating, ventilation, and air conditioning systems, filtering, purification
                  and other air cleaning, fans, control systems, and window and door repair and
                  replacement.

U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                       37
              19. Developing strategies and implementing public health protocols including, to the
                  greatest extent practicable, policies in line with guidance from the CDC for the
                  reopening and operation of school facilities to effectively maintain the health and
                  safety of students, educators, and other staff.
              20. Other activities that are necessary to maintain the operation of and continuity of
                  services in the LEA and continuing to employ existing staff of the LEA.




U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                                        38
              Appendix C. Acronyms and Abbreviations
               ARP                American Rescue Plan
               C.F.R.             Code of Federal Regulations
               CARES Act          Coronavirus Aid, Relief, and Economic Security Act
               CDC                Centers for Disease Control and Prevention
               CDIP               Comprehensive District Improvement Plan
               CRRSAA             Coronavirus Response and Relief Supplemental Appropriations
                                  Act
               Department         U.S. Department of Education
               eMARS              Enhanced Management Administrative and Reporting System
               ESEA               Elementary and Secondary Education Act
               ESSER              Elementary and Secondary School Emergency Relief
               FCR                Federal Cash Request
               FY                 fiscal year
               GAO                Government Accountability Office
               GMAP               Grant Management Application and Planning
               IFR                interim final requirements
               Jefferson County   Jefferson County Public Schools
               Kentucky           Kentucky Department of Education
               LEA                local educational agency
               MOEquity           Maintenance of Equity
               MUNIS              Municipal Users Network Information System
               OCIS               Office of Continuous Improvement and Support
               OFO                Office of Finance and Operations
               SEA                State educational agency
               Warren County      Warren County Public Schools




U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095                                                                            39
              Kentucky Comments




U.S. Department of Education
Office of Inspector General
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U.S. Department of Education
Office of Inspector General
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U.S. Department of Education
Office of Inspector General
ED-OIG/A22CA0095               42


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