STEP UP FOR STUDENTS, INC. - Florida Auditor General

Report No. 2019-012 August 2018

STEP UP FOR STUDENTS, INC.

Sherrill F. Norman, CPA Auditor General

Operational Audit

President and Board of Directors

During the period March 2016 through February 2017, Doug Tuthill served as President for Step Up For Students, Inc. and the following individuals served as Members of the Board of Directors:

John Kirtley, Chair Julio Fuentes through July 8, 2016 a Allison Hertog Terry Jove from August 11, 2016 a Alfred "Al" Lawson Jr. Richard Outram Paul Sherman Curtis Stokes

a Position vacant July 9, 2016, through August 10, 2016.

The team leader was Tracy S. Smith and the audit was supervised by Derek H. Noonan, CPA. Please address inquiries regarding this report to Michael J. Gomez, CPA, Audit Manager, by e-mail at

mikegomez@aud.state.fl.us or by telephone at (850) 412-2881. This report and other reports prepared by the Auditor General are available at:

Printed copies of our reports may be requested by contacting us at:

State of Florida Auditor General Claude Pepper Building, Suite G74 111 West Madison Street Tallahassee, FL 32399-1450 (850) 412-2722

STEP UP FOR STUDENTS, INC.

SUMMARY

This operational audit of Step Up For Students, Inc. (Step Up) focused on selected administrative activities and management's performance related to the Florida Tax Credit Scholarship (FTC) Program and the Gardiner Scholarship Program, including Step Up's compliance with applicable laws and rules. The audit also included a follow-up on the finding noted in our report No. 2017-031. Our audit disclosed the following:

Finding 1: Step Up did not always properly evaluate the household income of FTC Program scholarship applicants to ensure that scholarships were only awarded to eligible students.

Finding 2: Step Up needs to develop and maintain comprehensive investment policies and procedures to enhance the protection of program funds while increasing investment earnings.

Finding 3: Step Up procedures did not require and ensure exempt employees maintained records of time worked or require supervisory approval of such records.

RELATED INFORMATION

Section 11.45(2)(k), Florida Statutes, requires our audit to include a determination of Step Up's compliance with certain Florida Tax Credit Scholarship Program provisions. Except for the noncompliance cited in Finding 1 relating to ineligible scholarship recipients, our audit procedures and tests of selected Step Up records and accounts found that Step Up generally complied with the applicable provisions of Section 1002.395, Florida Statutes.

Section 1002.385(14)(a), Florida Statutes, provides that, as part of our audit, we are to verify the total amount of students served and eligibility of reimbursements made by Step Up for the Gardiner Scholarship Program and transmit that information to the Florida Department of Education. Our audit procedures disclosed that, for the Gardiner Scholarship Program during the period March 2016 through February 2017, Step Up served 8,047 students and paid Program scholarship awards totaling $51,369,111 for those students. In addition, our tests of Step Up records found that the Gardiner Scholarship Program scholarship payments selected for audit were eligible Program disbursements.

BACKGROUND

Step Up For Students, Inc. (Step Up) is a nonprofit scholarship funding organization (SFO), incorporated on February 18, 2000, and operating pursuant to State law.1 Step Up's stated mission is to help public education fulfill the promise of equal opportunity by empowering parents to pursue and engage in the most appropriate learning options for their children, with emphasis on families who lack the financial resources to access these options. Step Up is a State-approved SFO that helps administer two scholarship programs for Florida schoolchildren: the Florida Tax Credit Scholarship (FTC) Program for

1 Section 1002.395(2)(f), Florida Statutes.

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low-income families and the Gardiner Scholarship Program2 for children with certain special needs. The governing body of Step Up is the Board of Directors (Board), composed of seven to ten members who each serve 1 to 3-year terms. New members are elected by the Board. The Board sets policy, approves strategic plans and related resource allocations, and is responsible for the performance of the organization as a whole; whereas, the President is responsible for day-to-day operations.

State law3 established the FTC Program to expand educational opportunities for children of families with limited financial resources. The FTC Program provides that eligible nonprofit SFOs may solicit and receive eligible contributions. Such contributions entitle donors to a 100 percent State tax credit against corporate income tax, insurance premium tax, alcoholic beverage excise tax, direct-pay sales tax, and oil and gas severance tax. State law4 requires the SFOs to use the contributions received for eligible students' private school tuition, transportation to public schools outside their districts, or transportation to lab schools.5 During the period March 2016 through February 2017, five donors contributed approximately 43 percent of the contributions to Step Up. Table 1 shows the contribution amounts received by Step Up from those five donors during that period.

Table 1 Step Up FTC Program Top Five Donor Contribution Amounts

For the Period March 2016 Through February 2017

Amount

Percentage of Total

Contributions

Donor 1 Donor 2 Donor 3 Donor 4 Donor 5

$125,000,000 60,000,000 21,000,000 9,400,000 8,000,000

23.9% 11.5%

4.0% 1.8% 1.5%

Source: Step Up records.

State law6 requires the Florida Department of Education (FDOE) to determine, and annually verify, the eligibility of the SFOs, and the FDOE recognized Step Up as an eligible SFO for the July through June 2015-16 and 2016-17 fiscal years. Table 2 shows Step Up's FTC Program activity during March 2015 through February 2016 and March 2016 through March 2017.

2 Prior to July 1, 2016, the Gardiner Scholarship Program was referred to as the Personal Learning Scholarship Accounts Program.

3 Section 1002.395(3)(a), Florida Statutes.

4 Section 1002.395(6)(d), Florida Statutes.

5 Pursuant to Section 1002.395(12)(a)1.b., Florida Statutes (2016), the scholarship amount awarded to a student enrolled in a public school located outside the district in which the student resides or in a lab school, as defined in Section 1002.32, Florida Statutes, was limited to $500. Chapter 2017-166, Laws of Florida increased the amount to $750, effective July 1, 2017.

6 Section 1002.395(9)(b), Florida Statutes.

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Report No. 2019-012 August 2018

Table 2 FTC Program Activities

Contributions collected Total scholarships paid Number of students awarded tuition scholarships Number of private schools paid Total transportation scholarships paid Number of students awarded transportation scholarships

Source: Step Up records.

March 2015 - March 2016 - February 2016 February 2017

$417,588,820 $404,458,840

91,218 1,666

$3,625 28

$523,160,248 $508,683,331

115,447 1,766

$8,750 62

For the 2015-16 and 2016-17 fiscal years, the maximum scholarship awards for eligible students' private school tuition were $5,677 and $5,886, respectively, and the maximum transportation scholarship awards were $500. During the period March 2016 through February 2017, over 56 percent of the FTC Program students served by Step Up resided in five counties. Table 3 shows the number of FTC Program students served by Step Up in each of those counties during that period.

Table 3 FTC Program Top Five Counties by Number of Students Served

For the Period March 2016 Through February 2017

County

Number of Students Served

1 Miami-Dade 2 Orange 3 Broward 4 Duval 5 Hillsborough

29,864 11,213 10,541

8,391 5,180

Source: Step Up records.

State law7 established the Gardiner Scholarship Program to help meet the educational needs of students who have a specified intellectual disability such as autism, cerebral palsy, or Down syndrome. State law requires Gardiner Scholarship Program moneys to be used for:

Instructional materials including digital devices and other assistive technology devices. Curriculum and any required supplemental materials. Specialized services by approved providers selected by the parent. Enrollment in an eligible private school, an eligible postsecondary institute, an authorized private

tutoring program, or a virtual instruction program offered by an FDOE-approved provider. Examination fees for specified tests and assessments. Contributions to the Prepaid College Program.

7 Section 1002.385(1), Florida Statutes.

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 Contracted services provided by a public school.

Tuition and fees for part-time tutoring services provided by a person who holds a valid Florida educator's certificate.

As an SFO participating in the FTC Program, Step Up qualified to participate in the Gardiner Scholarship Program. According to Step Up accounting records for the period March 2016 through February 2017, Step Up received $78,696,644 in Gardiner Scholarship Program funds from the FDOE and $55,696 from another SFO, transferred $52,696 to another SFO. The scholarship award amounts ranged from $2,844 to $20,924, depending on the student's date of application, county of residence, grade level, and disability type.

Table 4 shows the amounts of Gardiner Scholarship Program funds received and disbursed and the number of students awarded scholarships by Step Up during March through February of the 2014-15, 2015-16, and 2016-17 years.

Table 4 Gardiner Scholarship Program Activity

Program funds received Program funds disbursed Number of students awarded scholarships

Source: Step Up records

March 2014 ? February 2015

$12,567,833 1,825,432 1,250

March 2015 ? February 2016

$43,402,394 22,391,090 3,358

March 2016 ? February 2017

$78,752,340 51,369,111 8,047

Table 5 shows the five counties with the greatest number of Gardiner Scholarship Program students served by Step Up during the period March 2016 through February 2017 and the number of students served in each of those counties.

Table 5 Gardiner Scholarship Program Top Five Counties by Number of Students Served

For the Period March 2016 Through February 2017

County

Number of Students Served

1 Miami-Dade 2 Orange 3 Broward 4 Duval 5 Polk

1,101 724 598 478 450

Source: Step Up records.

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Report No. 2019-012 August 2018

FINDINGS AND RECOMMENDATIONS

Finding 1: Florida Tax Credit Scholarship Program Eligibility

To be eligible for a scholarship from the FTC Program, State law8 requires students to meet one or more of the following criteria:

Be listed on the direct certification list9 or have household income that does not exceed 185 percent of the Federal poverty level.

Be currently placed, or during the previous State fiscal year placed, in foster care or in out-of-home care.

Have household income greater than 185 percent of the Federal poverty level up to 230 percent of the Federal poverty level for the 2015-16 school year, or up to 260 percent of the Federal poverty level for the 2016-17 school year. Scholarship awards based on this criterion are calculated in reduced amounts depending on the household income and respective poverty level.

According to State law, "household income" has the same meaning as the term "income" defined in the income eligibility guidelines (IEG) under the National School Lunch Program and published in the Federal Register by the United States Department of Agriculture (USDA). In addition, the USDA annually publishes the Eligibility Manual for School Meals - Determining and Verifying Eligibility (Eligibility Manual), which provides guidance for determining eligibility based on household income. For example, the Eligibility Manual provides that income determinations for households that receive income from multiple sources and with varying frequencies be annualized by multiplying:

Weekly income by 52.

Bi-weekly income (received every 2 weeks) by 26.

Semi-monthly income (received twice a month) by 24.

Monthly income by 12. According to Step Up personnel, information technology personnel programmed the Scholarship Administration System (SAS) with the annual Federal poverty amounts divided by 12 to convert the amounts to monthly thresholds based on household size. Scholarship applicants use the SAS to complete online applications, which identify the household size and gross monthly income amounts, and to upload documentation to support the household size and application income amounts. Step Up Application Processors review the applications and supporting documentation to verify that the reported household monthly income amounts reported by the applicants agree with the amounts on the uploaded documentation. The SAS automates a comparison of the application household monthly income to the programmed monthly Federal poverty levels to determine whether students are eligible for the FTC Program scholarship awards.

8 Section 1002.395(3) and (12), Florida Statutes.

9 Section 1002.395(2)(c), Florida Statutes, defines "direct certification list" as the certified list of children who qualify for certain public assistance programs, including the food assistance program, the Temporary Assistance to Needy Families Program, or the Food Distribution Program on Indian Reservations provided to the FDOE by the Florida Department of Children and Families.

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To assist with determining award eligibility based on household income, Step Up also established an Application Processing Manual, which requires an applicant's stated monthly income be supported by documentation for the respective income frequency (e.g., four pay stubs to support weekly earnings and two pay stubs to support bi-weekly earnings). While the Eligibility Manual specifies that self-employment and other wages be included in household income, the Application Processing Manual requires household income to include self-employment net income and is silent regarding inclusion of self-employment wages in calculating household income eligibility.

As part of our audit we evaluated whether Federal poverty level information was properly entered into the SAS and used to determine scholarship eligibility based on household income. Our comparison of IEG household size income eligibility thresholds to the corresponding SAS data fields identified certain differences. In response to our inquiries, Step Up personnel indicated that household income eligibility information programmed in the SAS was outdated, which resulted in certain inaccurate award percentage tiers and related scholarship awards. Further, according to Step Up personnel, Step Up had not established procedures to review and approve the SAS data fields to confirm that Federal poverty level information was properly updated and entered into the SAS and used for determining scholarship eligibility. Table 6 summarizes the resultant scholarships over and under awarded for the 2015-16 and 2016-17 fiscal years, as confirmed by Step Up personnel.

Table 6 Summary of FTC Program Scholarship Award Differences

Based on Incorrect Data Field Information

Scholarships Over Awarded Under Awarded

2015-16 Fiscal Year Students Amount

151

$322,170

3

$ 5,677

Source: Step Up records.

2016-17 Fiscal Year Students Amount

97

$97,590

29

$47,912

Total Students Amount

248

$419,760

32

$ 53,589

We also examined Step Up records supporting 60 selected scholarship recipients who received FTC Program awards totaling $286,421 of the total scholarships totaling $508.7 million during the period March 2016 through February 2017 to determine whether Step Up properly awarded FTC Program scholarships based on the statutory eligibility requirements. In addition to the scholarship awards summarized in Table 6, we determined that:

For 11 scholarship recipients,10 with reported household income supported by either four weekly pay stubs or two bi-weekly pay stubs as required by Step Up's Application Processing Manual, Step Up Application Processors did not determine the Federal poverty levels awards based on Eligibility Manual guidance for annualizing household income. When properly annualized, the 11 scholarship recipients' household income exceeded the respective household income Federal

10 The 11 scholarship recipients received awards ranging from $2,839 to $5,677 and totaling $38,127.

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Report No. 2019-012 August 2018

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