From Debby.Ryan at ode.state.or.us Thu Apr 2 09:01:04 2009 From: Debby.Ryan at ode.state.or.us (RYAN Debby) Date: Thu, 2 Apr 2009 09:01:04 -0700 Subject: [Busmgrs] Proper Treatment of retirement Incentive Payments Message-ID: Subject: RE: Proper Treatment of Retirement Incentive Payments Based upon recent federal audit findings, the Oregon Department of Education (ODE) received a letter from the U.S. Department of Education (USED) related to the issue of severance costs, specifically retirement incentive payments that are provided to encourage employees to leave their employment. State and Local Education Agencies (SEAs/LEAs) may be mistakenly concluding that certain retirement incentive payments are fringe benefits that can be charged to federal programs, rather than "abnormal or mass severance pay." As a result, some SEAs and LEAs are not obtaining the required prior approval to charge retirement incentive payments to federal programs. Prior approval to charge such costs must be obtained from the USED or other cognizant federal agency. The USED has requested the ODE provide information on the prior approval requirement to our LEAs and subgrantees. The following guidance should be incorporated into your policies, procedures and practices. Office of Management and Budget (OMB) Circular A-87 (Cost Principles for State and Local Governments; see link below) establishes standards for determining costs on federal awards carried out through grants, cost reimbursement contracts and other agreements. Attachment B of the Circular addresses selected items of cost and Paragraph 8.g. provides the criteria for severance pay as follows: 1.) Payments in addition to regular salaries and wages made to workers whose employment is being terminated are allowable to the extent that, in each case, they are required by (a) law, (b) employer-employee agreement or (c) established written policy. 2.) Severance payments (but not accruals) associated with normal turnover are allowable. Such payments shall be allocated to all activities of the governmental unit as an indirect cost. 3.) Abnormal or mass severance pay will be considered on a case by case basis and is allowable only if approved by the cognizant federal agency. Attachment A of the Circular contains the principles for determining allowable costs. Paragraph B.1. of Attachment A explains the meaning of the phrase "approved by the cognizant federal agency" as follows: 'Approval or authorization of the awarding cognizant federal agency' means documentation evidencing consent prior to incurring a specific cost. If such costs are specifically identified in the Federal Award document, approval of the document constitutes approval of costs. If the costs are covered by a state/local wide cost allocation plan or an indirect cost proposal, approval of the plan constitutes the approval.' A Guide for State, Local and Indian Tribal Government provides assistance to government units in applying the principles and standards of OMB Circular A-87. This publication was issued by the U.S. Department of Health and Human Services as the OMB Circular A-87 implementation guide (also known as ASMB C-10; see link below) and is applicable to grants and contracts awarded by all federal agencies. In the section entitled "Questions and Answers on Attachment B", Item 3-13 provides the following definition of "severance pay" and reiterates the need for prior approval: 1) Mass severance or termination benefits would include all expenses associated with the event. This would include: lump sum payments that may be linked to years of service, increased pension benefits such as granting additional years or eliminating penalties for early retirement, payments of unused leave and the cost of any other incentive offered to employees as an incentive to leave government service, such as buy-outs. 2) The cost of these special termination benefits must be determined and prior approval of such costs must be obtained from the federal cognizant office prior to claiming these costs directly or indirectly against federal programs. The requests for prior approval, at a minimum, must demonstrate the reasonableness and allocability of such costs to federal programs. This additional information and guidance should clarify the requirements for charging retirement incentive payments to federal awards. Please contact Tomas Flores at (503) 947-5753 or tomas.flores at state.or.us if you have any questions. Links: http://www.whitehouse.gov/omb/circulars/a087/a87_2004.html#8 http://rates.psc.gov/fms/dca/asmb%20c-10.pdf ********************************************************************** This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately and delete the communication and any attachments. This footnote also confirms that this email message has been swept by MIMEsweeper for the presence of computer viruses. ********************************************************************** -------------- next part -------------- An HTML attachment was scrubbed... URL: From Debby.Ryan at ode.state.or.us Thu Apr 2 09:33:19 2009 From: Debby.Ryan at ode.state.or.us (RYAN Debby) Date: Thu, 2 Apr 2009 09:33:19 -0700 Subject: [Busmgrs] Qualified ESDs to provice training support for teachers Message-ID: The following solicitation period has been extended through Friday April 10, 2009. The Department of Education is seeking a consortium of Qualified Education Service Districts (ESD) to provide training support for teachers in using Oregon Virtual School District resources for instruction. The training will need to align and support three critical areas: 1. Helping teachers integrate the 21st century education tools available in OVSD to classroom instruction. 2. Assist teachers in preparing for the new diploma requirements using OVSD. 3. Helping schools integrate OVSD resources into their school improvement strategies. The Department of Education contact for this solicitation is Jan Duncan (503) 947-5792, or jan.duncan at state.or.us. ********************************************************************** This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately and delete the communication and any attachments. This footnote also confirms that this email message has been swept by MIMEsweeper for the presence of computer viruses. ********************************************************************** -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: ED5812010 ESDs - OSVD prof dev .doc Type: application/msword Size: 195584 bytes Desc: ED5812010 ESDs - OSVD prof dev .doc URL: From Debby.Ryan at ode.state.or.us Tue Apr 7 08:29:44 2009 From: Debby.Ryan at ode.state.or.us (RYAN Debby) Date: Tue, 7 Apr 2009 08:29:44 -0700 Subject: [Busmgrs] ARRA - State Fiscal Stabilization Fund (Federal through the State) and the School Day Restoration Fund (State) Message-ID: If you have questions, please contact: Barb Cruickshank Oregon Dept of Education (503) 947-5916 (503) 378-5156 Fax barbara.cruickshank at state.or.us ________________________________ ********************************************************************** This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately and delete the communication and any attachments. 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Name: RE ARRA - State Fiscal Stabilization Fund (Federal through the State) and the School Day Restoration Fund (State).doc Type: application/msword Size: 33280 bytes Desc: RE ARRA - State Fiscal Stabilization Fund (Federal through the State) and the School Day Restoration Fund (State).doc URL: From Debby.Ryan at ode.state.or.us Thu Apr 9 16:07:59 2009 From: Debby.Ryan at ode.state.or.us (RYAN Debby) Date: Thu, 9 Apr 2009 16:07:59 -0700 Subject: [Busmgrs] State budget letter from Superintendent Castillo & Governor Kulongoski Message-ID: Business Managers, Attached please find a letter to Superintendents regarding the state budget from Superintendent Castillo and Governor Kulongoski. Thank you. ********************************************************************** This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately and delete the communication and any attachments. This footnote also confirms that this email message has been swept by MIMEsweeper for the presence of computer viruses. ********************************************************************** -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: Superintendents letter.pdf Type: application/pdf Size: 43848 bytes Desc: Superintendents letter.pdf URL: From Debby.Ryan at ode.state.or.us Tue Apr 14 14:13:50 2009 From: Debby.Ryan at ode.state.or.us (RYAN Debby) Date: Tue, 14 Apr 2009 14:13:50 -0700 Subject: [Busmgrs] FW: ODE K-12 federal stimulus webinar -- Friday, April 17th Message-ID: Subject: ODE K-12 federal stimulus webinar -- Friday, April 17th ODE to Host Webinars on K-12 Stimulus Implementation - First Webinar to be Held Friday, April 17th Please join Pat Burk, Chief Policy Officer for Oregon Department of Education, on April 17th for a webinar aimed at answering school district questions around the American Recovery and Reinvestment Act (ARRA). This first hour-long webinar will give an ARRA overview with emphasis on State Fiscal Stabilization Funding (SFSF). The Governor will sign Oregon's application for SFSF on April 21st and the USDOE has indicated that those SFSF dollars will be available 2 weeks after receipt of his signature. This webinar will focus on what school districts need to do to access this money and the federal accountability measures that ODE anticipates. ODE will institute a weekly K-12 stimulus implementation webinar beginning on May 1st. Each webinar will focus on a different area of funding including Title I, IDEA, competitive grants, etc. As always you can find information regarding K-12 stimulus implementation at: http://stimulus.k12partners.org/. Weekly ARRA Q&A DATE Friday, April 17, 2009 Starting time: 10:00 am, Pacific Daylight Time Duration: 1 hour Meeting number: 755 968 021 Meeting password: 1234567 Teleconference: Web Portion Call-in toll-free number 866-699-3239 http://Oregon.webex.com Host's name: Pat Burk Host's Email: patrick.burk at ode.state.or.us Follow the steps below to join the weekly ARRA Q&A: 1. Go to the ODE WebEx URL http://oregon.webex.com 2. Select Weekly ARRA Q&A listed under Friday on the weekly Calendar 3. Enter the meeting number 4. Enter your name and the above host email address and password 5. You will be connected to the meeting. 6. Use your phone to dial the toll free number and enter the meeting number and the password Questions? Contact: Susanne Smith Communications Officer | Office of the Superintendent | Oregon Department of Education P: 503.947.5637 | C: 503.730.7041 | E: susanne.smith at state.or.us | www.ode.state.or.us [cid:521161617 at 14042009-0CBC] Read The Superintendent's Pipeline and the Weekly Update to stay informed. ********************************************************************** This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately and delete the communication and any attachments. This footnote also confirms that this email message has been swept by MIMEsweeper for the presence of computer viruses. ********************************************************************** -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: atted461.jpg Type: image/jpeg Size: 2998 bytes Desc: atted461.jpg URL: -------------- next part -------------- An embedded and charset-unspecified text was scrubbed... Name: ATT00001.txt URL: From Debby.Ryan at ode.state.or.us Tue Apr 21 12:00:31 2009 From: Debby.Ryan at ode.state.or.us (RYAN Debby) Date: Tue, 21 Apr 2009 12:00:31 -0700 Subject: [Busmgrs] FW: Federal Stimulus Package: Workshop on Bonding Provisions Message-ID: Federal Stimulus Package Implementation - Workshop on Bonding Provisions May 4, 2009 , 2-4 pm Please join representatives from Seattle-Northwest Securities Corporation, K&L Gates and the Oregon Department of Education on May 4, 2009 for a workshop session on the bonding provisions specific to education districts in the American Recovery and Reinvestment Act (ARRA). These provisions may serve to reduce the cost of borrowing for facilities improvements, but present certain tradeoffs. This session will be held at Willamette ESD in the Willamette Room on May 4 from 2 to 4 pm. Upon request, the session may also be accessed through the v-tel system. Please RSVP to Sue Foster at Willamette ESD at sue.foster at wesd.org as to whether you will be attending in person or would like remote access. ********************************************************************** This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately and delete the communication and any attachments. This footnote also confirms that this email message has been swept by MIMEsweeper for the presence of computer viruses. ********************************************************************** -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- An embedded and charset-unspecified text was scrubbed... Name: ATT00001.txt URL: From Debby.Ryan at ode.state.or.us Tue Apr 28 08:36:04 2009 From: Debby.Ryan at ode.state.or.us (RYAN Debby) Date: Tue, 28 Apr 2009 08:36:04 -0700 Subject: [Busmgrs] Swine Flu Information Message-ID: To: District Business Managers Swine Flu Information The Oregon Department of Education is aware of the recent events surrounding the presence of swine flu in the United States. We are working with the Oregon Health Division, as they are the state experts in the area of communicable disease. The Oregon Health Division has released the following: http://www.oregon.gov/DHS/ph/acd/swineflu_investigation.shtml. This document provides guidance for schools and school districts on the current status of the situation in Oregon. Further information is available from the Centers for Disease Control (federal) at the following website: http://www.cdc.gov/swineflu/index.htm. You may be interested in looking at Oregon's pandemic flu plan: http://www.oregon.gov/DHS/ph/acd/flu/panfluplan.pdf . The Oregon Department of Education remains committed to the health and safety of students, staff, and community members. ODE encourages school districts to work closely with their county public health department. In the event of a local swine flu outbreak, the Oregon Public Health Division and not the Oregon Department of Education, will determine if school closure is necessary. ODE will continue to monitor the situation and offer new information to school districts as it becomes available from the Oregon Public Health Division. Here is the state directory of county health offices: http://www.oregon.gov/DHS/ph/lhd/lhd.shtml for information relating to your county. Contact(s) for this Announcement * Leslie Currin (503) 947-5812 Special Education - School Health Specialist * Susanne Smith (503) 947-5637 Communications - Manager ********************************************************************** This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately and delete the communication and any attachments. This footnote also confirms that this email message has been swept by MIMEsweeper for the presence of computer viruses. ********************************************************************** -------------- next part -------------- An HTML attachment was scrubbed... URL: From Debby.Ryan at ode.state.or.us Tue Apr 28 12:56:35 2009 From: Debby.Ryan at ode.state.or.us (RYAN Debby) Date: Tue, 28 Apr 2009 12:56:35 -0700 Subject: [Busmgrs] Updated ODE Institution ID Request Process Message-ID: Updated ODE Institution ID Request Process: ODE recently posted an new request form and procedures manual to assist districts in making requests for school closings/openings/consolidations, name changes, grade range changes for ODE institution ID numbers that correspond to local schools. The ODE institution ID numbers are used by districts to send information to ODE for student and aggregate level reports and have a direct bearing on AYP/Report Card ratings, distribution of ADM, assessment results and public released reports that fulfill state and/or federal reporting requirements. We understand that several districts are considering closings or consolidations of schools due to the economic situation and may want to review the updated materials to see if they may need to make ODE institution requests as part of decisions made at the local level. Changes for next school year are to be updated at ODE prior to the beginning of the school year. The new documents are posted at the following link along with contact information. http://www.ode.state.or.us/search/results/?id=219 If you have questions, please contact the ODE Helpdesk at 503-947-5715. ********************************************************************** This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately and delete the communication and any attachments. This footnote also confirms that this email message has been swept by MIMEsweeper for the presence of computer viruses. ********************************************************************** -------------- next part -------------- An HTML attachment was scrubbed... URL: From Debby.Ryan at ode.state.or.us Thu Apr 30 08:01:42 2009 From: Debby.Ryan at ode.state.or.us (RYAN Debby) Date: Thu, 30 Apr 2009 08:01:42 -0700 Subject: [Busmgrs] OSL&P: ARRA Funding Info Message-ID: TO: All ESD and District Special Education Directors The message below is being forwarded to you on behalf of: Nancy Latini, PhD Assistant Superintendent Student Learning & Partnerships ______________________________________________ April 29, 2009 RE: Update/New Information on American Recovery & Reinvestment Act (ARRA) Funding Under IDEA The United States Department of Education (USED) hosted a webinar on April 21, 2009, to discuss fiscal considerations for IDEA Stimulus Funds. Oregon was active in this event, posing several questions for clarification. From this we received some valuable responses from USED that represent greater flexibility for districts with the IDEA Stimulus Funds. Please look carefully at items #2 and #4 for the new information. 1) Spending Timelines for Stimulus Funds: The original guidance was that 85% of Stimulus Funds should be obligated by September 30, 2010, with the remaining 15% obligated by September 30, 2011. This will remain true for Title 1 Funds, but the updated guidance for IDEA Stimulus Funds is more flexible for districts: "An LEA should use the IDEA recovery funds expeditiously. An LEA should obligate the majority of these funds during school years 2008-2009 and 2009-2010 and the remainder during school year 2010-11". (Guidance Document on IDEA Part B Stimulus Funds: http://stimulus.k12partners.org/content/updated-usdoe-idea-part-b-guidance-april-17th). EDGAR 75.707 defines "obligate" differently for various kinds of property and services: Sec. 75.707 When obligations are made: The following shows when a grantee makes obligations for various kinds of property and services. If the obligation is for: (a) Acquisition of real or personal property: On the date the grantee makes a binding written commitment to acquire the property. (b) Personal services by an employee of the grantee: When the services are performed. (c) Personal services by a contractor who is not an employee of the grantee: On the date on which the grantee makes a binding written commitment to obtain the services. (d) Performance of work other than the personal services: On the date on which grantee makes a binding written commitment to obtain the work. (e) Public utility services: When the grantee receives the services. (f) Travel: When the travel is taken. (g) Rental of real or personal property: When the grantee uses the property. (h) A preagreement: Cost that was properly approved by the Secretary under the cost principles identified in 34 CFR 74.171 or 80.22. (Authority: 20 U.S.C. 1221e-3 and 3474) ODE asked USED if we should interpret that to mean 51% or more by June 30, 2010. They indicated that they would not give a specific percentage, but we would counsel you to use this approach at a minimum. The implications of this update are very important to you, as it could leave a district with up to 49% of its stimulus funds for use between 7/1/10 and 9/30/11. 2) Non-Supplanting Requirements: A footnote in the most current USED Guidance Document of IDEA Part B states this clearly: "No requirement currently exists related to supplanting 'particular costs' and if an LEA maintains local, or state and local, effort, it will not violate the supplement/not supplant requirements of the IDEA. " What does this mean for you relative to IDEA Stimulus funds? When you close your books for 2008-2009, you will have an estimate of your Fund 100: Area of Responsibility 320 expenditures for that year, which need to be added to your ESD 320 expenditures on behalf of kids on IEPs from your district. You then need to compare that against the same audited figures for 2007-2008 to determine with confidence whether or not you spent as much in 2008-2009 as you did in 2007-2008. If you feel certain that you will maintain effort in 2008-2009, then you would satisfy the non-supplanting standard. Then, and only then, you could do something like the following scenario: Because of general fund reduction in 2008-2009, you are planning on laying off a certified special education teacher who has traditionally been funded out of general fund. If you are certain you will maintain effort in 2008-2009, you could save this position by paying for it out of stimulus funds. If later it is found that you did not maintain effort, you will have violated non-supplanting requirements and will incur the enforcement consequences. 3) How do we define "obligate": District grantees should use the information we provided under question 1 above, found in Part 75 Section 707 (Sec. 75.707) of EDGAR to find this definition. Most of the questions we have received about "obligation" involve employee salaries in a district. Under 75.707 (b) personal services by an employee of a grantee, the standard is clearly "when the services are performed." In other words, no salaries and or benefits could be obligated for employee services performed after the grant period of September 30, 2011. 4) How ARRA funds should be coded: Clarification was requested because OSEP consistently stated that the ARRA funds are a 2009-2010 allocation and should be accounted for as such. Yet districts were told they could go back as far as February 17, 2009, to use these funds, so coding to 2009-2010 was very puzzling. Nancy Latini and Sue MacGlashan spoke with the OSEP staff this week and finally were able to clarify what OSEP means by coding all ARRA funds to 2009-2010. In a nutshell, OSEP does not care if the districts recognize some of these funds as revenues in 2008-2009. OSEP simply wants the money kept separate from regular flow through IDEA federal funding. Please review and follow any directions on this matter that come from the Department's School Finance Office. These updates have significance for districts, mostly in a very positive manner. The guidance documents will be updated for each of these areas, and will be reposted as revised on the ODE K-12 stimulus site at the bottom of the ODE home page. Any questions regarding maintenance of effort, non-supplanting, expenditure timelines, or EDGAR should be directed to Eric Richards at eric.richards at state.or.us or 503-947-5786. If you have any difficulty viewing the above link, please contact Laura Allran at laura.allran at state.or.us or 503-947-5674. Messages to and from this e-mail address may be made available to the public under Oregon law. ===========End of Message============ ********************************************************************** This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately and delete the communication and any attachments. This footnote also confirms that this email message has been swept by MIMEsweeper for the presence of computer viruses. ********************************************************************** -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- An embedded and charset-unspecified text was scrubbed... Name: ATT00001.txt URL: From Debby.Ryan at ode.state.or.us Thu Apr 30 08:05:00 2009 From: Debby.Ryan at ode.state.or.us (RYAN Debby) Date: Thu, 30 Apr 2009 08:05:00 -0700 Subject: [Busmgrs] ARRA IDEA Part B MOE Webinar Message-ID: Topic: ARRA IDEA Part B MOE Date: Tuesday, May 5, 2009 Time: 10:00 am, Pacific Daylight Time (GMT -07:00, San Francisco) Meeting Number: 754 203 243 Meeting Password: 1234567 Web Connect : http://Oregon.webex.com ------------------------------------------------------- Phone in information ------------------------------------------------------- Call-in toll-free number (US/Canada): 866-699-3239 Follow these steps below to join the ARRA IDEA Webinar: 1. Go to the ODE WebEx URL http://oregon.webex.com 2. Select ARRA IDEA Part B MOE listed under Tuesday on the weekly Calendar 3. Enter the meeting number 4. Enter your name, email address and the password, 5. You will be connected to the meeting. 6. Use your phone to dial the toll free number and enter the meeting number and the password Eric Eric A. Richards, Director of Operations Oregon Department of Education Office of Student Learning and Partnerships 503-947-5786 Messages to and from this e-mail address may be made available to the public under Oregon Law. ********************************************************************** This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately and delete the communication and any attachments. This footnote also confirms that this email message has been swept by MIMEsweeper for the presence of computer viruses. ********************************************************************** -------------- next part -------------- An HTML attachment was scrubbed... URL: From Debby.Ryan at ode.state.or.us Thu Apr 30 08:11:37 2009 From: Debby.Ryan at ode.state.or.us (RYAN Debby) Date: Thu, 30 Apr 2009 08:11:37 -0700 Subject: [Busmgrs] FW: OSL&P: ARRA Funding Info Message-ID: TO: All ESD and District Special Education Directors The message below is being forwarded to you on behalf of: Nancy Latini, PhD Assistant Superintendent Student Learning & Partnerships ______________________________________________ April 29, 2009 RE: Update/New Information on American Recovery & Reinvestment Act (ARRA) Funding Under IDEA The United States Department of Education (USED) hosted a webinar on April 21, 2009, to discuss fiscal considerations for IDEA Stimulus Funds. Oregon was active in this event, posing several questions for clarification. From this we received some valuable responses from USED that represent greater flexibility for districts with the IDEA Stimulus Funds. Please look carefully at items #2 and #4 for the new information. 1) Spending Timelines for Stimulus Funds: The original guidance was that 85% of Stimulus Funds should be obligated by September 30, 2010, with the remaining 15% obligated by September 30, 2011. This will remain true for Title 1 Funds, but the updated guidance for IDEA Stimulus Funds is more flexible for districts: "An LEA should use the IDEA recovery funds expeditiously. An LEA should obligate the majority of these funds during school years 2008-2009 and 2009-2010 and the remainder during school year 2010-11". (Guidance Document on IDEA Part B Stimulus Funds: http://stimulus.k12partners.org/content/updated-usdoe-idea-part-b-guidance-april-17th). EDGAR 75.707 defines "obligate" differently for various kinds of property and services: Sec. 75.707 When obligations are made: The following shows when a grantee makes obligations for various kinds of property and services. If the obligation is for: (a) Acquisition of real or personal property: On the date the grantee makes a binding written commitment to acquire the property. (b) Personal services by an employee of the grantee: When the services are performed. (c) Personal services by a contractor who is not an employee of the grantee: On the date on which the grantee makes a binding written commitment to obtain the services. (d) Performance of work other than the personal services: On the date on which grantee makes a binding written commitment to obtain the work. (e) Public utility services: When the grantee receives the services. (f) Travel: When the travel is taken. (g) Rental of real or personal property: When the grantee uses the property. (h) A preagreement: Cost that was properly approved by the Secretary under the cost principles identified in 34 CFR 74.171 or 80.22. (Authority: 20 U.S.C. 1221e-3 and 3474) ODE asked USED if we should interpret that to mean 51% or more by June 30, 2010. They indicated that they would not give a specific percentage, but we would counsel you to use this approach at a minimum. The implications of this update are very important to you, as it could leave a district with up to 49% of its stimulus funds for use between 7/1/10 and 9/30/11. 2) Non-Supplanting Requirements: A footnote in the most current USED Guidance Document of IDEA Part B states this clearly: "No requirement currently exists related to supplanting 'particular costs' and if an LEA maintains local, or state and local, effort, it will not violate the supplement/not supplant requirements of the IDEA. " What does this mean for you relative to IDEA Stimulus funds? When you close your books for 2008-2009, you will have an estimate of your Fund 100: Area of Responsibility 320 expenditures for that year, which need to be added to your ESD 320 expenditures on behalf of kids on IEPs from your district. You then need to compare that against the same audited figures for 2007-2008 to determine with confidence whether or not you spent as much in 2008-2009 as you did in 2007-2008. If you feel certain that you will maintain effort in 2008-2009, then you would satisfy the non-supplanting standard. Then, and only then, you could do something like the following scenario: Because of general fund reduction in 2008-2009, you are planning on laying off a certified special education teacher who has traditionally been funded out of general fund. If you are certain you will maintain effort in 2008-2009, you could save this position by paying for it out of stimulus funds. If later it is found that you did not maintain effort, you will have violated non-supplanting requirements and will incur the enforcement consequences. 3) How do we define "obligate": District grantees should use the information we provided under question 1 above, found in Part 75 Section 707 (Sec. 75.707) of EDGAR to find this definition. Most of the questions we have received about "obligation" involve employee salaries in a district. Under 75.707 (b) personal services by an employee of a grantee, the standard is clearly "when the services are performed." In other words, no salaries and or benefits could be obligated for employee services performed after the grant period of September 30, 2011. 4) How ARRA funds should be coded: Clarification was requested because OSEP consistently stated that the ARRA funds are a 2009-2010 allocation and should be accounted for as such. Yet districts were told they could go back as far as February 17, 2009, to use these funds, so coding to 2009-2010 was very puzzling. Nancy Latini and Sue MacGlashan spoke with the OSEP staff this week and finally were able to clarify what OSEP means by coding all ARRA funds to 2009-2010. In a nutshell, OSEP does not care if the districts recognize some of these funds as revenues in 2008-2009. OSEP simply wants the money kept separate from regular flow through IDEA federal funding. Please review and follow any directions on this matter that come from the Department's School Finance Office. These updates have significance for districts, mostly in a very positive manner. The guidance documents will be updated for each of these areas, and will be reposted as revised on the ODE K-12 stimulus site at the bottom of the ODE home page. Any questions regarding maintenance of effort, non-supplanting, expenditure timelines, or EDGAR should be directed to Eric Richards at eric.richards at state.or.us or 503-947-5786. If you have any difficulty viewing the above link, please contact Laura Allran at laura.allran at state.or.us or 503-947-5674. Messages to and from this e-mail address may be made available to the public under Oregon law. ===========End of Message============ ********************************************************************** This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately and delete the communication and any attachments. This footnote also confirms that this email message has been swept by MIMEsweeper for the presence of computer viruses. ********************************************************************** -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- An embedded and charset-unspecified text was scrubbed... Name: ATT00001.txt URL: