Recommendation: The Assistant Attorney General for the Civil Rights Division should work with Education's Office for Civil Rights to provide state educational agencies and school districts with online information, technical assistance, or training materials related to federal accessibility requirements specific to public school facilities. (Recommendation 1)

Agency: Department of Justice
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Assistant Attorney General for the Civil Rights Division should work with Education's Office for Civil Rights to provide state educational agencies and school districts with online information, technical assistance, or training materials related to federal accessibility requirements in public school facilities in the context of safety and security. This may include leveraging recent, online federal initiatives on school safety and physical security. (Recommendation 2)

Agency: Department of Justice
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Assistant Secretary for the Office for Civil Rights should revise its CRDC business rule to require that every school district reporting zeros, regardless of district size or numbers of students with disabilities, affirm the zeros are correct during the CRDC data submission process. (Recommendation 1)

Agency: Department of Education: Office for Civil Rights
Status: Open

Comments: Education agreed with this recommendation stated that it would determine the best means to implement it. We will monitor the progress of their efforts.

Recommendation: The Assistant Secretary for the Office for Civil Rights should develop and implement a CRDC business rule that targets schools and school districts that report very low numbers of incidents and set data-driven thresholds to detect such incidents. (Recommendation 2)

Agency: Department of Education: Office for Civil Rights
Status: Open

Comments: Education agreed with this recommendation stated that it would determine the best means to implement it. We will monitor the progress of their efforts.

Recommendation: The Assistant Secretary for the Office for Civil Rights should develop and implement a CRDC business rule that targets schools and schools districts that report very high number of incidents and set data-driven thresholds to detect such incidents. (Recommendation 3)

Agency: Department of Education: Office for Civil Rights
Status: Open

Comments: Education agreed with this recommendation stated that it would determine the best means to implement it. We will monitor the progress of their efforts.

Recommendation: The Assistant Secretary for the Office for Civil Rights should apply the CRDC business rule targeting illogical data at the school level to all schools, regardless of the number of incidents reported. (Recommendation 4)

Agency: Department of Education: Office for Civil Rights
Status: Open

Comments: Education agreed with this recommendation stated that it would determine the best means to implement it. We will monitor the progress of their efforts.

Recommendation: The Assistant Secretary for the Office for Civil Rights should identify the factors that cause underreporting and misreporting of restraint and seclusion and take steps to help school districts overcome these issues. (Recommendation 5)

Agency: Department of Education: Office for Civil Rights
Status: Open

Comments: Education agreed with this recommendation stated that it would determine the best means to implement it. We will monitor the progress of their efforts.

Recommendation: The Assistant Secretary for the Office for Civil Rights should further refine and clarify federal restraint and seclusion definitions and take steps to ensure that this information is conveyed to school districts. This could include providing common classroom scenarios that highlight the differences between a restraint and an escort, and a time out and a seclusion. (Recommendation 6)

Agency: Department of Education: Office for Civil Rights
Status: Open

Comments: Education agreed with this recommendation stated that it would determine the best means to implement it. We will monitor the progress of their efforts.

Recommendation: The Director of the Bureau of Indian Education should develop a systematic process for identifying JOM contractors and maintaining an accurate and complete list of contractors and other relevant information about contractors, such as the amount of JOM funds they receive and their current points of contact. (Recommendation 1)

Agency: Department of the Interior: Bureau of Indian Education
Status: Open

Comments: Interior concurred with this recommendation. They expect their newly expanded JOM program workforce to develop, publish and implement a comprehensive JOM policy and procedure that includes a systemic process for identifying JOM contractors and maintaining a complete and accurate list of contractors. We will monitor the progress of these efforts.

Recommendation: The Director of the Bureau of Indian Education, in coordination with the Bureau of Indian Affairs as needed, should establish a process to track and monitor the timeliness of JOM disbursements to non-tribal contractors, including identifying a target date for disbursing funds to these contractors. (Recommendation 2)

Agency: Department of the Interior: Bureau of Indian Education
Status: Open

Comments: Interior concurred with this recommendation. The BIE, BIA and other partners will work collaboratively to publish and implement a policy and procedure that accurately tracks and monitors timely disbursement of JOM funds to these contractors. We will monitor the progress of these efforts.

Recommendation: The Director of the Bureau of Indian Education should develop a timeline to assess the usefulness of the information they are collecting from JOM contractors and update JOM information collection forms, including converting them to an electronic format to reduce the burden on contractors to complete them. (Recommendation 3)

Agency: Department of the Interior: Bureau of Indian Education
Status: Open

Comments: Interior concurred with this recommendation. They expect that their newly expanded JOM program workforce will expedite the BIE's review and information collection efforts. We will monitor the progress of these efforts.

Recommendation: The Director of the Bureau of Indian Education should develop and provide training to contractors on administering the JOM program. (Recommendation 4)

Agency: Department of the Interior: Bureau of Indian Education
Status: Open

Comments: Interior concurred with this recommendation. SIE and JOM staff will be tasked with developing a technical assistance framework for contractors and a training plan as part of the wider JOM program policy and task procedures. We will monitor the progress of these efforts.

Recommendation: The Director of the Bureau of Indian Education should clearly define the roles and responsibilities and identify the staff necessary for conducting critical JOM functions, including administering contracts, reviewing the appropriateness of contract types, and overseeing those contractors that are subject to BIE oversight. (Recommendation 5)

Agency: Department of the Interior: Bureau of Indian Education
Status: Open

Comments: Interior concurred with this recommendation. The BIE, BIA and other partners plan to work collaboratively to develop an inter-bureau policy that clearly identifies each agency's roles and responsibilities. They are also developing a data-informed workforce analysis for the JOM program. They will continue to develop and implement a data-informed workforce strategy to identify human capital needs and clearly identifies and assigns critical JOM-related functions among BIE divisions, offices and staff. We will monitor the progress of these efforts.

Recommendation: The Secretary of Education should develop an online clearinghouse of sample documents from states and localities who wish to share them, past webinar recordings and their related documents, and links to other relevant resources that all SEAs can access. (Recommendation 1)

Agency: Department of Education
Status: Open

Comments: Education agreed with this recommendation. The agency said that its Office of Elementary and Secondary Education will restructure its entire website to better organize its information, and create a new web page to house all foster care-related information and resources. Additionally, Education said this office will launch a virtual portal through which SEA foster care points of contact may collaborate and share resources. We will consider closing this recommendation when these efforts are complete.

Recommendation: The Chairman of the Federal Communications Commission should determine and execute a methodology for collecting and analyzing data—such as conducting a new pilot program regarding off-premises wireless access or analyzing other data—to assess the potential benefits, costs, and challenges of making off-premises wireless access eligible for E-rate program support, and publish the results of this analysis. (Recommendation 1)

Agency: Federal Communications Commission
Status: Open

Comments: FCC officials informed us in July 2020 that FCC plans to implement this recommendation by completing an evaluative report on the E-rate pilot program. While FCC planned to implement this recommendation by July 2020, there have been delays related to COVID-19.

Recommendation: The Assistant Secretary for the Office for Civil Rights should immediately remind and clarify for all school districts that they are to only report zero incidents of restraint and seclusion when there are none and that they are to leave cells blank to indicate when data are not collected or incomplete. The Assistant Secretary should also ensure that instructions for when to record zeros and when to leave cells blank are prominently displayed and readily available to districts as they complete the CRDC. (Recommendation 1)

Agency: Department of Education: Office for Civil Rights
Status: Open

Comments: The Department of Education agreed with this recommendation, but in its initial comments said that it was too late to send such a reminder for the 2017-18 data collection because 94 percent of districts had already submitted their data. Education agreed to feature the instructions more prominently on the website and consider other changes, such as targeted communications and changes in the placement of the instructions for the 2019-20 collection. However, in August 2019 Education emailed districts that had reported zero incidents for the 2017-18 school year and told them to review their data and submit corrections if necessary. It also sent separate emails to all districts that clarified and reminded districts when to report zero and when to leave cells blank. For the next CRDC survey, covering the 2019-20 school year, Education said that it was proposing changes to the survey, including featuring instructions and technical assistance more prominently on the online form. We will continue to monitor Education's efforts to implement this recommendation.

Recommendation: The Assistant Secretary for the Office for Civil Rights should monitor compliance with its action plan requirement, and ensure plans are submitted and address all missing data. (Recommendation 3)

Agency: Department of Education: Office for Civil Rights
Status: Open

Comments: The Department of Education agreed with this recommendation. Education stated that it had taken steps to more closely scrutinize action plans for the 2017-18 data collection, including directly communicating with districts about their action plans and scheduling calls with any district that requests similar or repetitious action plans over the course of two or more collections. In December 2019, Education stated that for future collections, it would contact each district with an approved action plan before the start of each new collection and reconfirm that the district will take the needed steps to collect and report the data. Moreover, Education is studying ways to augment the online submission system to send automated reminders regarding data elements covered by action plans. We will continue to monitor Education's efforts to implement this recommendation.

Recommendation: The Assistant Secretary for the Office for Civil Rights should prominently disclose for past collections the potential problems with using restraint and seclusion data given the known misreporting issues, such as those detailed in this report involving 9 of the nation's large public school districts. (Recommendation 4)

Agency: Department of Education: Office for Civil Rights
Status: Open

Comments: The Department of Education initially disagreed with this recommendation, but subsequently said that for the 2015-16 data collection, it would amend the data notes to ensure the public is aware of potential changes by prominently displaying the data notes and clearly delineating the data flaws on its website. We will continue to monitor Education's efforts to implement this recommendation.

Recommendation: The Assistant Secretary for Elementary and Secondary Education should improve the usability of Education's websites to ensure that the states and school districts can more easily find and access federal guidance to address lead in school drinking water, by taking actions such as clarifying which links contain guidance; highlighting new or important guidance; improving their websites' search function; and categorizing guidance. (Recommendation 5)

Agency: Department of Education
Status: Open

Comments: The Department of Education agreed with this recommendation. The agency said it would identify and include an information portal dedicated to enhancing the usability of federal resources related to testing for and addressing lead in school drinking water. Also, Education said it is interested in increasing coordination across all levels of government and it shares the view expressed in our report that improved federal coordination, including with EPA, will better enhance collaboration to encourage testing for lead in school drinking water. In 2019, Education said it planned to complete work on this recommendation by January 1, 2020. We will consider closing this recommendation when these efforts are complete.

Recommendation: The Assistant Secretary for Elementary and Secondary Education should collaborate with EPA to encourage testing for lead in school drinking water. This effort could include disseminating EPA guidance related to lead testing and remediation in schools or sending letters to states to encourage testing in all school districts that have not yet done so. (Recommendation 7)

Agency: Department of Education
Status: Open
Priority recommendation

Comments: The Department of Education agreed with this recommendation. Education stated it has held multiple meetings with the Environmental Protection Agency (EPA) and stated that it plans to hold a virtual meeting with EPA to share information and resources about safe drinking water and raise awareness of the importance of testing for lead. Education also stated it is developing a timeline to conduct additional collaboration activities with EPA. Education officials said they are considering joining an EPA-led Memorandum of Understanding to, among other things, encourage schools to test drinking water for lead. We will consider closing this recommendation when these efforts are complete.

Recommendation: To help ensure that NTTFI is able to provide quality information to support management and program oversight efforts, the Secretary of the Interior should direct the Assistant Secretary-Indian Affairs to coordinate with the Federal Highway Administration and tribal stakeholders and reexamine the need for road-description and condition data currently collected in the NTTFI and eliminate fields that do not serve an identified purpose.

Agency: Department of the Interior
Status: Open

Comments: In June 2019, Interior reported that the Bureau of Indian Affairs' (BIA) and Federal Highway Administration's (FHWA) efforts to coordinate with tribes and the Tribal Transportation Program Coordinating Committee (TTPCC) to address this recommendation were progressing. Established by federal regulations, TTPCC is the committee comprised of 24 tribal representatives that provides input and makes recommendations to the BIA and FHWA. According to Interior, TTPCC has identified data elements--14 of 54 data fields--to be considered for removal from NTTFI, and BIA and FHWA have held discussions with tribes concerning a draft plan to remove these identified data elements from NTTFI. Interior reported that tribal groups have posed no objections to the plan and that they anticipate the plan being implemented later in the year. We will continue to monitor actions to address this recommendation.

Recommendation: To help ensure that NTTFI is able to provide quality information to support management and program oversight efforts, the Secretary of the Interior should direct the Assistant Secretary-Indian Affairs to for fields determined to have continued relevance for management and program oversight take steps to improve the quality of these data by clarifying guidance in the NTTFI coding guide that tribes use to collect data and by providing additional guidance on steps needed to ensure that data are consistently reported.

Agency: Department of the Interior
Status: Open

Comments: In June 2019, Interior reported that a group of tribal users organized by the Bureau of Indian Affairs (BIA) and the Federal Highway Administration (FHWA) to review the NTTFI and the coding guide was progressing in its efforts to recommend updates to the coding guide. According to Interior, the group has made recommendations to the Tribal Transportation Program Coordinating Committee (TTPCC) on which data elements to remove from the NTTFI and for clarifying guidance in the coding guide, relevant to the data elements proposed to remain in the NTTFI. Interior anticipates that updates to the coding guide based on the group's recommendations will be completed in 2019. We will continue to monitor actions to address this recommendation.

Recommendation: To help ensure that NTTFI is able to provide quality information to support management and program oversight efforts, the Secretary of the Interior should direct the Assistant Secretary-Indian Affairs to establish a process to monitor data to facilitate timely and targeted corrections to missing or erroneous data.

Agency: Department of the Interior
Status: Open

Comments: Interior told us that, along with the Bureau of Indian Affairs (BIA) and Federal Highway Administration (FHWA), it has held several meetings with tribal users to identify missing or erroneous data in the NTTFI. For example, the meeting participants identified that data which were formerly but are no longer used in formulas to allocate federal funding to tribes are likely outdated and not useful. Further, recognizing that approximately 70 percent of NTTFI data reflects inventory and condition information of roads owned by non-BIA and non-tribal entities, such as state and local governments, the meeting participants determined that opportunities exist to work with these external entities to monitor data obtained from them to ensure that it is current and accurate for use and display in the NTTFI. As of June 2019, Interior said that, in anticipation of changes to the NTTFI format, its main actions to address this recommendation will be to coordinate with these external entities to monitor the data they provide to NTTFI to ensure it conforms to NTTFI's new format. We will continue to monitor actions to address this recommendation.

Recommendation: To improve the DMR, the Secretary of the Interior should direct the Assistant Secretary-Indian Affairs to develop a means to document when the level of service for each road section was last evaluated.

Agency: Department of the Interior
Status: Open

Comments: In June 2019 Interior reported that BIA had developed a data reporting process that incorporates use of a "time-stamp" to indicate when the level of service for a road section is evaluated. Interior said that it anticipates providing guidance on this process to BIA staff, tribes, and others that perform level of service road maintenance assessments so that they can implement the process in 2020. We will continue to monitor efforts to implement this recommendation.

Recommendation: To improve the DMR, the Secretary of the Interior should direct the Assistant Secretary-Indian Affairs to develop and maintain documentation supporting the unit costs of maintenance used to estimate maintenance needs.

Agency: Department of the Interior
Status: Open

Comments: In June 2019 Interior reported that the Bureau of Indian Affairs (BIA) had surveyed tribes to determine their capabilities for managing data related to road maintenance costs. Interior further reported that BIA was investigating the use of computer software for tracking road maintenance costs and developing estimates of maintenance needs. Interior said that it expects to complete actions to implement this recommendation in 2020. We will continue to monitor actions to address this recommendation.

Recommendation: To improve the DMR, the Secretary of the Interior should direct the Assistant Secretary-Indian Affairs to develop a process for more complete and accurate reporting occurring under existing authority of Road Maintenance Program funds expended for performed maintenance on BIA roads.

Agency: Department of the Interior
Status: Open

Comments: In its official comments on our report, Interior said that that it cannot reasonably accomplish this recommendation because, in reference to the tribes which have agreements with the Bureau of Indian Affairs (BIA) to maintain BIA roads in their area, it conflicts with the intent of federal law and the minimum-reporting requirements when a tribal entity takes over the day-to-day actions and tasks of a program. However, following our report's issuance, Interior told us that its actions to address other recommendations will assist the tribes in developing data on Road Maintenance Program (RMP) funds expended for performed maintenance on BIA roads. In addition, Interior said that tribes have expressed interest in gathering this data. Further, in June 2019, Interior reported that the Tribal-Interior Budget Council had approved a plan for a pilot project in the BIA Great Plains Region to gather data relevant to addressing this recommendation. Even though tribal reporting of this data is voluntary, we continue to believe that by coordinating with affected tribes on developing a process for their self-reporting of RMP funds expended for maintenance, and by implementing such a process for tribes that BIA serves directly, Interior could improve the reporting of maintenance performed on BIA roads and be better positioned to provide Congress with more accurate and complete information on RMP funding decisions. We will continue to monitor actions to address this recommendation.

Recommendation: To best align resources allocation decisions to needs, the Secretary of the Interior should direct the Assistant Secretary-Indian Affairs to review the formula to fund transportation at BIE schools and determine, with BIA and tribal stakeholders, what adjustments, such as distinguishing between gravel and paved roads, are needed to better reflect transportation costs for schools.

Agency: Department of the Interior
Status: Open

Comments: At the time of our report, Interior said that it concurred with this recommendation; however, it subsequently changed its position. Interior noted that its tribal and school partners have not requested changes to this formula and that it was therefore not compelled to undertake the rigorous consultation and negotiated rulemaking actions that would be needed to change the formula. As of June 2019, Interior has not acted to address this recommendation.

Recommendation: To implement the goals and policy priorities of the 2020 Federal Youth Transition Plan, the Federal Partners in Transition (FPT) workgroup--the Secretaries of HHS, Education, Department of Labor, and the Commissioner of the Social Security Administration--should develop a long-term implementation plan that includes milestones and specific agency roles and assignments.

Agency: Department of Education
Status: Open

Comments: In June 2020, the Department of Labor (DOL) reported additional efforts by member federal agencies of the Federal Partners in Transition (FPT) to collaborate to make progress towards meeting the policy priorities outlined in the 2020 Federal Youth Transition Plan. In addition, DOL has reported that it has formalized and assigned certain FPT roles and responsibilities, is currently evaluating the 2020 plan priorities, is developing a charter to further define FPT milestones and federal agency roles and responsibilities, and will update the Office of Disability Employment Policy (ODEP) website to highlight FPT milestones and timelines. We are encouraged by this additional progress and anticipate we will close the recommendation once DOL provides the approved charter and updates the ODEP website as specified.

Recommendation: To implement the goals and policy priorities of the 2020 Federal Youth Transition Plan, the Federal Partners in Transition (FPT) workgroup--the Secretaries of HHS, Education, Department of Labor, and the Commissioner of the Social Security Administration--should develop a long-term implementation plan that includes milestones and specific agency roles and assignments.

Agency: Department of Health and Human Services
Status: Open

Comments: In July 2020, the HHS reported additional efforts by member federal agencies of the Federal Partners in Transition (FPT) to collaborate to make progress towards meeting the policy priorities outlined in the 2020 Federal Youth Transition Plan. In addition, HHS has reported that it has formalized and assigned certain FPT roles and responsibilities, is currently evaluating the 2020 plan priorities, is developing a charter to further define FPT milestones and federal agency roles and responsibilities, and the Office of Disability Employment Policy (ODEP) website will be updated to highlight FPT milestones and timelines. We are encouraged by this additional progress and anticipate we will close the recommendation once approved charter is provided and updates to the ODEP website are made as specified.

Recommendation: To implement the goals and policy priorities of the 2020 Federal Youth Transition Plan, the Federal Partners in Transition (FPT) workgroup--the Secretaries of HHS, Education, Department of Labor, and the Commissioner of the Social Security Administration--should develop a long-term implementation plan that includes milestones and specific agency roles and assignments.

Agency: Social Security Administration
Status: Open

Comments: In November 2019, SSA again reported that it meets on a monthly basis in both the Federal Partners in Transition (FPT) steering and general meetings, and that these meetings have created a working, structured, collaborative effort to address the audit recommendation and meet the policy priorities outlined in the FPT 2020 plan. SSA noted that the voluntary, ad-hoc nature of the FPT precludes definitive role assignments and implementation plans. We continue to maintain that being a voluntary initiative does not preclude the FPT from establishing long-term milestones and clarifying roles and responsibilities. Further, a long-term plan can be changed, and need not be definitive. Without a long-term implementation plan that includes milestones and specific agency roles and assignments, it is less likely that the priorities outlined in the 2020 Plan will be achieved.

Recommendation: To implement the goals and policy priorities of the 2020 Federal Youth Transition Plan, the Federal Partners in Transition (FPT) workgroup--the Secretaries of HHS, Education, Department of Labor, and the Commissioner of the Social Security Administration--should develop a long-term implementation plan that includes milestones and specific agency roles and assignments.

Agency: Department of Labor
Status: Open

Comments: In June 2020, the Department of Labor (DOL) reported additional efforts by member federal agencies of the Federal Partners in Transition (FPT) to collaborate to make progress towards meeting the policy priorities outlined in the 2020 Federal Youth Transition Plan. In addition, DOL has reported that it has formalized and assigned certain FPT roles and responsibilities, is currently evaluating the 2020 plan priorities, is developing a charter to further define FPT milestones and federal agency roles and responsibilities, and will update the Office of Disability Employment Policy (ODEP) website to highlight FPT milestones and timelines. We are encouraged by this additional progress and anticipate we will close the recommendation once DOL provides the approved charter and updates the ODEP website as specified.

Recommendation: The D.C. Mayor should direct the Deputy Mayor for Education and the Office of the State Superintendent of Education to deepen collaboration with PCSB and other relevant stakeholders, such as charter school local educational agencies, to develop a coordinated plan to continue progress in reducing discipline rates and, as part of this process, make explicit their respective roles, responsibilities, and authorities with regard to discipline in D.C. charter schools. This plan could include developing additional guidance, training, or resources, consistent with the unique autonomy of charter schools.

Agency: District of Columbia: Executive Office of the Mayor
Status: Open

Comments: In 2017, D.C. education officials stated they planned to continue to deepening their collaboration to reduce disciple rates. In May 2018, the D.C. Council passed the Student Fair Access to School Amendment Act of 2018 which, among other things, directs the Office of the State Superintendent of Education to provide schools (including charters) with a variety of supports and assistance on discipline and trauma-informed programs. We have reached out to OSSE and the Deputy Mayor's office for updates on implementation of the law and any additional collaboration. As of June 2020, we are awaiting a response.

Recommendation: To help districts address key challenges in meeting MOE and mitigate unintended consequences that may affect services for students with disabilities, while preserving the safeguard for funding for students with disabilities, Congress should consider options for a more flexible MOE requirement. This could include adopting a less stringent MOE requirement to align with the MOE requirements in other education programs or adding to or modifying exceptions. For example, current exceptions could be changed to allow one-time increases in spending without changing a district's MOE baseline in order to encourage pilot innovations or to allow certain spending decreases (e.g., state caps on teacher benefits), as long as a district can demonstrate the decrease does not negatively affect services.

Agency: Congress
Status: Open

Comments: As of February 2020, Congress has not taken legislative action on this issue.