RULES AND REGULATIONS
Title 22--EDUCATION
DEPARTMENT OF EDUCATION
[22 PA. CODE CH. 171]
Interim Standards for Auditing of Approved Private Schools and Chartered Schools for the Education of Deaf and Blind Children
[36 Pa.B. 1645] The Secretary of Education (Secretary) amends Chapter 171 (relating to standards for approved private schools) to read as set forth in Annex A. The Secretary is acting under the authority of sections 1376(c.8) and 1376.1(f.5) of the Public School Code of 1949 (code) (24 P. S. §§ 13-1376(c.8) and 13-1376.1(f.5)), which were added by section 5 of the act of July 13, 2005 (P. L. 226, No. 46) (Act 46). Sections 1376(c.8) and 1376.1(f.5) of the code empower the Department of Education (Department) to promulgate interim standards for auditing of approved private schools and the four chartered schools for the education of the deaf and the blind (schools).
Purpose
The objective of these audit standards is to ensure that revenues provided by the Commonwealth for approved students and the expenses of the schools have been presented appropriately in accordance with Generally Accepted Accounting Principles (GAAP).
Section 171.202 (relating to general guidelines) provides general guidelines on how this is accomplished.
Section 171.203 (relating to form of records) updates recordkeeping requirements and allows schools the alternative of maintaining their financial records in electronic form.
Section 171.204 (relating to related party transactions) regulates the disclosure of related party transactions in the school audits. This section defines relevant terms so that proper reporting and recording may take place.
Section 171.205 (relating to exceptions to Generally Accepted Accounting Principles) sets forth the exceptions to the usual criteria of GAAP. The expenses listed in this section are not to be included in the audit report filed with the Department.
Section 171.206 (relating to administrative costs) defines administrative costs and identifies costs that are subject to the 10% cap provided for in statute. It also identifies cost exceptions to the 10% cap.
Section 171.207 (relating to payments in excess of expenditures) sets forth the timelines and process the Commonwealth will utilize in recouping from the schools any unspent revenues provided to the schools for the provision of services to children who have been approved through the PDE-4010 process.
Fiscal Impact and Paperwork Requirements
The interim standards are necessary to ensure that the approved private schools and the chartered schools for deaf or blind children continue to receive predictable funding and to reform the audit structure, thereby enhancing each school's ability to focus on students and programs. The interim standards will result in a 20% to 30% increase in audit cost to the schools. There will be no increase in cost to the Commonwealth. These interim standards do not impose additional paperwork requirements.
Affected Parties
The interim standards affect the approved private schools and the chartered schools for deaf or blind children in this Commonwealth.
Regulatory Review
Under sections 1376(c.8) and 1376.1(f.5) of the code, these interim standards are exempt from the Regulatory Review Act (71 P. S. §§ 745.1--745.15).
Effective Date
These interim standards will be effective upon publication in the Pennsylvania Bulletin.
Sunset Date
The sunset date for these interim standards is June 30, 2007.
Contact Person
Questions regarding these interim standards should be directed to Esther Beck, Chief, Division of Early Intervention and Support Services, Bureau of Special Education, Department of Education, 333 Market Street, Harrisburg, PA 17126-0333. (717) 783-6906.
Findings
The Department finds that:
(1) Proposed rulemaking in advance of the promulgation of standards is not required under sections 1376(c.8) and 1376.1(f.5) of the code, which expressly provides that the standards are exempt from sections 201--205 of the act of July 31, 1968 (P. L. 769, No. 240), known as the Commonwealth Documents Law (71 P. S.§§ 1201--1205).
(2) The promulgation of these interim standards is necessary for compliance with sections 1376(c.8) and 1376.1(f.5) of the code.
Order
The Secretary orders that:
(a) The standards of the Department, 22 Pa. Code Chapter 171, are amended by deleting §§ 171.40--171.43, 171.45, 171.48, 171.50, 171.55, 171.60, 171.65, 171.70, 171.74, 171.80, 171.82, 171.85, 171.90, 171.95, 171.100, 171.105, 171.110, 171.115, 171.120, 171.125, 171.130, 171.135, 171.137, 171.139, 171.140, 171.142, 171.145, 171.147, 171.150, 171.153, 171.155, 171.160, 171.165, 171.170, 171.173, 171.175, 171.177, 171.180, 171.185, 171.190, 171.194 and 171.195 and by adding §§ 171.201--171.207 to read as set forth in Annex A.
(b) The Secretary of Education will certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order is effective upon publication in the Pennsylvania Bulletin.
GERALD L. ZAHORCHAK, D.Ed.,
SecretaryFiscal Note: Fiscal Note 6-299 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 22. EDUCATION
PART XII. BASIC EDUCATION
CHAPTER 171. STANDARDS FOR APPROVED PRIVATE SCHOOLS
Subchapter B. [Reserved] §§ 171.40--171.43. (Reserved).
§ 171.45. (Reserved).
§ 171.48. (Reserved).
§ 171.50. (Reserved).
§ 171.55. (Reserved).
§ 171.60. (Reserved).
§ 171.65. (Reserved).
§ 171.70. (Reserved).
§ 171.74. (Reserved).
§ 171.80. (Reserved).
§ 171.82. (Reserved).
§ 171.85. (Reserved).
§ 171.90. (Reserved).
§ 171.95. (Reserved).
§ 171.100. (Reserved).
§ 171.105. (Reserved).
§ 171.110. (Reserved).
§ 171.115. (Reserved).
§ 171.120. (Reserved).
§ 171.125. (Reserved).
§ 171.130. (Reserved).
§ 171.135. (Reserved).
§ 171.137. (Reserved).
§ 171.139. (Reserved).
§ 171.140. (Reserved).
§ 171.142. (Reserved).
§ 171.145. (Reserved).
§ 171.147. (Reserved).
§ 171.150. (Reserved).
§ 171.153. (Reserved).
§ 171.155. (Reserved).
§ 171.160. (Reserved).
§ 171.165. (Reserved).
§ 171.170. (Reserved).
§ 171.173. (Reserved).
§ 171.175. (Reserved).
§ 171.177. (Reserved).
§ 171.180. (Reserved).
§ 171.185. (Reserved).
§ 171.190. (Reserved).
§ 171.194. (Reserved).
§ 171.195. (Reserved).
Subchapter C. INTERIM AUDIT STANDARDS Sec.
171.201. Purpose and applicability. 171.202. General guidelines. 171.203. Form of records. 171.204. Related party transactions. 171.205. Exceptions to Generally Accepted Accounting Principles. 171.206. Administrative costs. 171.207. Payments in excess of expenditures. § 171.201. Purpose and applicability.
(a) The purpose of these audit standards is to ensure that revenues provided by the Commonwealth for students whose placement in the approved private school has been approved by the Department have been spent on the provision of education services, including residential services in some cases, to children who are residents of this Commonwealth and who have been approved by the Department under § 171.16 (relating to assignment).
(b) These interim standards apply to audits conducted after July 1, 2005, and will apply until final standards are promulgated.
§ 171.202. General guidelines.
An approved private school shall maintain an accounting and bookkeeping system in accordance with the following standards:
(1) Accounts shall be kept in accordance with Generally Accepted Accounting Principles (GAAP) as defined by the American Institute of Certified Public Accountants, except as modified by § 171.205 (relating to exceptions to Generally Accepted Accounting Principles).
(2) Costs shall be properly assigned to a specific cost objective and indirect costs shall be allocated to direct costs. If multiple cost objectives are involved, financial information shall be segregated by cost objective in the bookkeeping records.
(3) Bookkeeping records must include the following:
(i) Cash receipts journal.
(ii) Cash disbursements journal.
(iii) General ledger.
(iv) Payroll journal.
(v) Fixed asset and depreciation listings.
(4) Adequate documentation to verify postings shall be maintained. The documentation must include the following:
(i) Purchase orders.
(ii) Customer invoices.
(iii) Vendor invoices.
(iv) Cash remittance advices.
(v) Employee expense reports.
(vi) Employee time records.
(5) A payroll shall be prepared and supported by appropriate documentation authorizing the rate of pay and employee time records, when necessary.
(6) A school shall maintain all pertinent financial records, including cost allocation worksheets, for 3 years after submission of the audit report.
(7) Schools shall submit audits to the Department by November 1 of each year.
(8) School audits shall be conducted by an independent certified public accountant.
§ 171.203. Form of records.
The financial records that are required to be created and maintained under these standards may be in electronic form, rather than paper form.
§ 171.204. Related party transactions.
(a) Related party transactions will be presented and disclosed in accordance with Generally Accepted Accounting Principles.
(b) Related parties include the following:
(1) Affiliates of the enterprise.
(2) Entities for which investments are accounted for by the equity method by the enterprise.
(3) Trusts for the benefit of employees, such as pension and profit-sharing trusts that are managed by or under the trusteeship of management.
(4) Principal owners of the enterprise and its management.
(5) Members of the immediate families of principal owners of the enterprise and its management.
(6) Other parties with which the enterprise may deal if one party controls or can significantly influence the management or operating policies of the other to an extent that one of the transacting parties might be prevented from fully pursuing its own separate interests.
(c) Another party also is a related party if it can significantly influence the management or operating policies of the transacting parties or if it has an ownership interest in one of the transacting parties and can significantly influence the other to an extent that one or more of the transacting parties might be prevented from fully pursuing its own separate interests.
§ 171.205. Exceptions to Generally Accepted Accounting Principles.
The schedule of expenses prepared by the school shall be presented in accordance with Generally Accepted Accounting Principles, with the exception of the following, which will not be included:
(1) Bad debts.
(2) Unsubstantiated related party costs.
(3) Cost of any individual insurance policies on the lives of officers, executives, administrators and other key staff.
(4) Expenses paid with funding from another governmental entity, other than funding from the Department for approved students.
(5) Fines, penalties, costs and damages assessed for failure to comply with Federal, State or local laws.
(6) Costs related to meal service for staff members who are not involved in direct supervision of students.
(7) Interest costs on loans from related parties at rates above the fair market rate available to the school.
(8) Lobbying efforts to influence the outcome of any Federal, State or local election, referendum, initiative or similar activity, or to promote the introduction, enactment, or modification of any current or future Federal or State legislation.
(9) Gains or losses on the sale of school assets.
(10) Rental costs in a related party transaction that are found to be above the fair market rental value of the property.
(11) Scholarships and discounts to students or their parents or other third parties.
(12) Administrative costs, as defined in § 171.206 (relating to administrative costs), in excess of 10% of total costs.
(13) Any money judgment, in excess of the deductible under an insurance policy, entered against the school or organization in administrative or court litigation and any settlement amounts, in excess of the deductible under an insurance policy, to avoid litigation.
(14) Costs associated with medical personnel that are not related to the provision of a student's individualized education plan, except for costs related to a prudent level of oversight of students.
§ 171.206. Administrative costs.
(a) Administrative costs are those costs that have been incurred for the operation of the executive and administrative offices of the organization and do not relate solely to any major function of the organization. This administrative expense category also includes its allocable share of fringe benefit costs, operation and maintenance expense, depreciation and use allowances and interest costs.
(b) Costs or expenses related to the following functions are considered as administrative and are subject to the 10% administrative cap except when and to the extent that the costs or expenditures are incurred as a result of providing educational services to children who are residents of this Commonwealth and who have been approved by the Department through the PDE-4010 process. To the extent that the following costs are for educational services, they are not subject to the administrative cap and are reported in the schedule of operating expenses:
(1) Activities of the board of directors.
(2) Executive management.
(3) Staff relations and labor negotiations.
(4) Activities or programs operated to improve or sustain relations between the community and the school.
(5) Activities concerned with the fiscal operations and purchasing activities of the school.
(6) Printing, publishing and duplicating administrative publications such as annual reports, school directories and manuals.
(7) Conducting and managing programs of planning, research development and evaluation for the school.
(8) Activities concerned with writing, editing and other preparation necessary to disseminate educational and administrative information to students, staff, managers and the public through direct mailing, the various news media or personal contact.
(9) Human resources activities, including recruiting, placement and staff transfers.
(10) Activities concerned with preparing data for storage or storing and retrieving data for management reporting.
(11) Activities concerned with acquiring, conducting and managing programs or planning, administration, implementation, coordination, reporting or evaluation of programs and projects that are State or Federally funded.
(12) Activities designed to assist executive management with administrative functions so that they might accomplish the duties quickly and efficiently.
§ 171.207. Payments in excess of expenditures.
(a) If the amount of reportable costs in 2004-05 is less than the amount of revenues received by the schools for 2004-05 from the Commonwealth for the provision of educational services to children who have been approved through the PDE-4010 process, the difference may be retained by the school for use in 2005-06.
(b) Beginning in 2005-06, if the amount of reportable costs in a year is less than the amount of revenues received in that year by the school from the Commonwealth for the provision of educational services to children who have been approved through the PDE-4010 process, the difference will be remitted to the Commonwealth. Those funds shall be deposited in the Audit Resolution Fund for the resolution of previous audits.
[Pa.B. Doc. No. 06-567. Filed for public inspection April 7, 2006, 9:00 a.m.]
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