HIGHLY QUALIFIED TEACHERS AND

IMPROVING TEACHER QUALITY STATE GRANTS (*ESEA* TITLE II, PART A)

MONITORING REPORT

**New Mexico Public Education Department**

**December 10-11, 2007**

**U.S. Department of Education Monitoring Team:**

James Butler

Jessica Clark

Darcy Pietryka (Westat)

**New Mexico Public Education Department (PED):**

Mary Rose C'de Baca, Assistant Secretary for the Educator Quality
Division

Lawrence Martinez, Bureau Chief, Educator Quality Division

Gabriel Baca, Education Administrator, Title I Bureau

Sam Ornelas, Title I Director, Title I Bureau

Anthony Enright, Financial Coordinator, Flowthrough Bureau

Matthew Lovato, Contract Specialist, Budget Bureau

Cynthia Marietta, Director, Administrative Services Division\
Alecia Moll, Database Administrator, Information Systems and Technology
Support Bureau

Marian Rael, Budget Manager, Budget Bureau

Yolanda Valencia, Education Administrator, Professional Development
Bureau

Sharon Walsh, Education Administrator, Professional Development Bureau

**State Agency for Higher Education (SAHE):**

William Flores, Deputy Cabinet Secretary, New Mexico Higher Education
Department

Frances Ortega, Policy and Program Analyst, New Mexico Higher Education
Department

Ron Segura, Administrative Services Director, New Mexico Higher
Education Department

Lori Vigil, Federal Grants Specialist, New Mexico Higher Education
Department

**Local Educational Agencies (LEAs) participating in the monitoring
visit:**

1.  Rio Rancho School District (on-site visit)

2.  Bernalillo School District (on-site visit)

Overview:

### Number of LEAs 89

### Number of Schools 768 Public Schools and 64 Charter Schools

### Number of Teachers 22,773 (both public and charter schools)

 

  ------------------------ -------------------------------- -- ----------------------- --------------------------------
  **State Allocation (FY   **\$[23,280,461]{.underline}**      **State Allocation (FY  **[\$23,006,672]{.underline}**
  2005**[^1]**)**                                              2006**[^2]**)**         

  LEA Allocation (FY 2005) [\$21,895,275]{.underline}          LEA Allocation (FY      [\$21,637,776]{.underline}
                                                               2006)                   

  "State Activities" (FY   [\$576,191]{.underline}             "State Activities" (FY  [\$569,415]{.underline}
  2005)                                                        2006)                   

  SAHE Allocation (FY      [\$576,191]{.underline}             SAHE Allocation (FY     [\$569,415]{.underline}
  2005)                                                        2006)                   

  SEA Administration (FY   [\$203,994]{.underline}             SEA Administration (FY  [\$201,595]{.underline}
  2005)                                                        2006)                   

  SAHE Administration (FY  [\$28,810]{.underline}              SAHE Administration (FY [\$28,471]{.underline}
  2005)                                                        2006)                   
  ------------------------ -------------------------------- -- ----------------------- --------------------------------

**Scope of Review:**

Like all State educational agencies (SEAs), the New Mexico Public
Education Department, as a condition of receiving funds under Title I,
Part A and Title II, Part A of the *Elementary and Secondary Education
Act* (*ESEA*) of 1965, as amended by the *No Child Left Behind Act*
(*NCLB*) of 2001, provided an assurance to the U.S. Department of
Education (the Department) that it would administer these programs in
accordance with all applicable statutory and regulatory requirements,
including those in Title I, Part A that concern "Highly Qualified
Teachers" (HQT) and those that govern the use of Title II, Part A funds.
See §9304(a)(1) of the *ESEA*. One of the specific requirements the
Department established for an SEA's receipt of program funds under its
consolidated state application (§9302(b)) was submission to the
Department of annual data on how well the State has been meeting its
performance target for Performance Indicator 3.1: "The percentage of
classes being taught by 'highly qualified' teachers (as the term is
defined in §9101(23) of the *ESEA*), in the aggregate and in
'high-poverty' schools (as the term is defined in §1111(h)(1)(C)(viii)
of the *ESEA*)."

The Department's monitoring visit to New Mexico had two purposes. One
was to review the progress of the State in meeting *ESEA*'s HQT
requirements. The second was to review the use of *ESEA* Title II, Part
A funds by the SEA, selected LEAs and the SAHE to ensure that the funds
are being used to prepare, retain and recruit high-quality teachers and
principals so that all children will achieve to a high academic
achievement standard and to their full potential.

**Summary of Monitoring Indicators**

  ------------- ----------------------------------- ------------------- -------------- ----------
  **State                                                                              
  Educational                                                                          
  Agency**                                                                             

  **Critical    **Requirement**                     **Citation**        **Status**     **Page**
  Element**                                                                            

  I.1.          The State has established           §9101(23)           Met            NA
                appropriate HQT requirements for                        Requirements   
                all teachers who teach core                                            
                subjects.                                                              

  I.2.          The State has established           §602(10) of the     Met            NA
                appropriate HQT requirements for    IDEA                Requirements   
                *special* *education* *teachers who                                    
                teach core academic subjects.*                                         

  I.3.          Teachers who are enrolled in        (34 CFR             Met            NA
                approved alternative certification  200.56(a)(2)(ii))   Requirements   
                programs AND who have already                                          
                earned a bachelor's degree AND                                         
                successfully demonstrated subject                                      
                matter competence may be counted as                                    
                highly qualified for a period of 3                                     
                years.                                                                 

  I.4.          The SEA ensures that all teachers   §1119(a)(1)         Finding        5
                hired after the first day of the                                       
                2002-2003 school year to teach in                                      
                Title I programs were highly                                           
                qualified at the time of hire.                                         

  I.5.          The SEA ensures that all teachers   §2123(a)(2)(B)      Commendation   5
                paid with Title II, Part A funds                                       
                for class size reduction are highly                                    
                qualified.                                                             
  ------------- ----------------------------------- ------------------- -------------- ----------

  ------------- --------------------------------------------------------------------- ---------------------- ---------------- ----------
  **State                                                                                                                     
  Educational                                                                                                                 
  Agency**                                                                                                                    

  **Critical    **Requirement**                                                       **Citation**           **Status**       **Page**
  Element**                                                                                                                   

  I.6.          The SEA ensures that all LEAs that receive Title I funds notify       §1111(h)(6)(A)         Met Requirements NA
                parents of their right to request and receive information on the                                              
                qualifications of their children's teachers.                                                                  

  I.7.          The SEA ensures that all schools that receive Title I funds notify    §1111(h)(6)(B)(ii)     Met Requirements NA
                parents when their children are taught by teachers who are not highly                                         
                qualified.                                                                                                    

  II.A.1.       The SEA reports annually to the Secretary in the Consolidated         §1111(h)(4)(G)         Met Requirements NA
                Performance Report (CSPR) the number and percentage of classes taught                                         
                by highly qualified teachers, in the aggregate and in high- and                                               
                low-poverty schools.                                                                                          

  II.B.1.       The SEA has published an annual report card with the required teacher §1111(h)(1)(C)(viii)   Finding          5
                information.                                                                                                  

  II.B.2.       The SEA has ensured that LEAs have published annual report cards with §1111(h)(2)(B)         Finding          5
                the required teacher information for both the LEA and the schools it                                          
                serves.                                                                                                       

  III.A.1.      The SEA ensures that each LEA that has not met annual measurable      §2141(a) and §2141(b)  Finding          6
                objectives for highly qualified teachers for two consecutive years                                            
                has an improvement plan in place and that the SEA has provided                                                
                technical assistance to the LEA in formulating the plan.                                                      

  III.A.2.      The SEA enters into an agreement on the use of funds with any LEA     §2141(c)               Recommendation   6
                that has not made progress toward meeting its annual measurable                                               
                objectives in meeting the highly qualified teacher challenge for                                              
                three consecutive years and has also failed to make AYP for three                                             
                years.                                                                                                        

  III.B.1.      The SEA has a plan in place to ensure that poor and minority students §1111(b)(8)(C)         Finding          6
                are not taught at higher rates than other students by inexperienced,                                          
                unqualified or out-of-field teachers.                                                                         

  III.B.2.      The SEA ensures that LEA plans include an assurance that through the  §1112(c)(1)(L)         Finding          7
                implementation of various strategies, poor and minority students are                                          
                not taught at higher rates than other students by inexperienced,                                              
                unqualified- or out-of-field teachers.                                                                        

  IV.A.1.       Once hold-harmless provisions are taken into consideration, the SEA   §2121(a)               Met Requirements NA
                allocated additional funds to LEAs using the most recent Census                                               
                Bureau data found at [http**:** //www.census.gov/hhes/www/saipe/\                                             
                district.html](http://www.census.gov/hhes/www/saipe/district.html).                                           

  IV.A.2.       The SEA has ensured that LEAs have completed assessments of local     §2122(c)               Met Requirements NA
                needs for professional development.                                                                           
  ------------- --------------------------------------------------------------------- ---------------------- ---------------- ----------

+------+-----------------------------------+--------+-----------+---+
| **S  |                                   |        |           |   |
| tate |                                   |        |           |   |
| Edu  |                                   |        |           |   |
| cati |                                   |        |           |   |
| onal |                                   |        |           |   |
| Agen |                                   |        |           |   |
| cy** |                                   |        |           |   |
+------+-----------------------------------+--------+-----------+---+
| **   | **Requirement**                   | **Cita | *         | * |
| Crit |                                   | tion** | *Status** | * |
| ical |                                   |        |           | P |
| E    |                                   |        |           | a |
| leme |                                   |        |           | g |
| nt** |                                   |        |           | e |
|      |                                   |        |           | * |
|      |                                   |        |           | * |
+------+-----------------------------------+--------+-----------+---+
| IV.  | To be eligible for Title II, Part | §2     | Met       | N |
| A.3. | A funds, LEAs must "submit an     | 122(b) | Req       | A |
|      | application to the State          |        | uirements |   |
|      | educational agency at such time,  |        |           |   |
|      | in such manner and containing     |        |           |   |
|      | such information as the State     |        |           |   |
|      | educational agency may reasonably |        |           |   |
|      | require."                         |        |           |   |
+------+-----------------------------------+--------+-----------+---+
| IV.  | The SEA has ensured that LEAs     | §9521  | Met       | N |
| B.1. | maintain effort.                  |        | Req       | A |
|      |                                   |        | uirements |   |
+------+-----------------------------------+--------+-----------+---+
| IV.  | The SEA ensures that LEA funds do | §2     | Met       | N |
| B.2. | not supplant other, non-Federal   | 123(b) | Req       | A |
|      | funds.                            |        | uirements |   |
+------+-----------------------------------+--------+-----------+---+
| IV.  | The SEA and LEAs are audited, as  | EDGAR  | Met       | N |
| B.3. | required by *EDGAR* §80.26.       | §80.26 | Req       | A |
|      |                                   |        | uirements |   |
+------+-----------------------------------+--------+-----------+---+
| IV.  | The SEA regularly and             | EDGAR  | Recom     | 7 |
| B.4. | systematically monitors LEAs for  | §      | mendation |   |
|      | compliance with Federal statutes  | 76.770 |           |   |
|      | and regulations, applicable State | and    | Com       |   |
|      | rules and policies and the        | §80    | mendation |   |
|      | approved sub-grantee application, | .40(a) |           |   |
|      | as required by *EDGAR* §76.770    |        |           |   |
|      | and §80.40(a).                    |        |           |   |
+------+-----------------------------------+--------+-----------+---+
| IV.  | The SEA ensures that LEAs comply  | §9501  | Met       | N |
| B.5. | with requirements with regards to |        | Req       | A |
|      | services to eligible nonpublic    |        | uirements |   |
|      | schools.                          |        |           |   |
+------+-----------------------------------+--------+-----------+---+
| V.1. | The SEA ensures that State-level  | §2     | Com       | 8 |
|      | activity funds are expended on    | 113(c) | mendation |   |
|      | allowable activities.             |        |           |   |
+------+-----------------------------------+--------+-----------+---+
| V.2. | The SEA ensures that State-level  | §2     | Met       | N |
|      | activity funds do not supplant    | 113(f) | Req       | A |
|      | other, non-Federal funds.         |        | uirements |   |
+------+-----------------------------------+--------+-----------+---+
| **S  |                                   |        |           |   |
| tate |                                   |        |           |   |
| Ag   |                                   |        |           |   |
| ency |                                   |        |           |   |
| for  |                                   |        |           |   |
| Hi   |                                   |        |           |   |
| gher |                                   |        |           |   |
| Edu  |                                   |        |           |   |
| cati |                                   |        |           |   |
| on** |                                   |        |           |   |
+------+-----------------------------------+--------+-----------+---+
| **   | **Requirement**                   | **Cita | *         | * |
| Crit |                                   | tion** | *Status** | * |
| ical |                                   |        |           | P |
| E    |                                   |        |           | a |
| leme |                                   |        |           | g |
| nt** |                                   |        |           | e |
|      |                                   |        |           | * |
|      |                                   |        |           | * |
+------+-----------------------------------+--------+-----------+---+
| 1\.  | The SAHE manages a competition to | §2132  | Finding   | 8 |
|      | award grants to carry out         | and    |           |   |
|      | appropriate professional          | §2133  |           |   |
|      | development activities.           |        |           |   |
+------+-----------------------------------+--------+-----------+---+
| 2\.  | The SAHE works in conjunction     | §2     | Met       | N |
|      | with the SEA (if the two are      | 132(a) | Req       | A |
|      | separate agencies) in awarding    |        | uirements |   |
|      | the grants.                       |        |           |   |
+------+-----------------------------------+--------+-----------+---+
| 3\.  | The SAHE awards grants only to    | §2131  | Recomm    | 8 |
|      | eligible partnerships that        |        | endations |   |
|      | include at least an institution   |        |           |   |
|      | of higher education and the       |        |           |   |
|      | division of the institution that  |        |           |   |
|      | prepares teachers and principals, |        |           |   |
|      | a school of arts and sciences and |        |           |   |
|      | a high-need LEA.                  |        |           |   |
+------+-----------------------------------+--------+-----------+---+
| 4\.  | The SAHE ensures that each        | §2134  | Finding   | 8 |
|      | partnership awarded a grant       |        |           |   |
|      | engages in eligible activities.   |        |           |   |
+------+-----------------------------------+--------+-----------+---+
| 5\.  | The SAHE has procedures in place  | §2     | Met       | N |
|      | to ensure that no partner uses    | 132(c) | Req       | A |
|      | more than 50 percent of the funds |        | uirements |   |
|      | in the grant.                     |        |           |   |
+------+-----------------------------------+--------+-----------+---+
| 6\.  | The SAHE regularly and            | EDGAR  | Finding   | 9 |
|      | systematically monitors grantees  | §      |           |   |
|      | for compliance with Federal       | 76.770 |           |   |
|      | statutes and regulations,         | and    |           |   |
|      | applicable State rules and        | §80    |           |   |
|      | policies and the approved         | .40(a) |           |   |
|      | sub-grantee application, as       |        |           |   |
|      | required by EDGAR §76.770 and     |        |           |   |
|      | §80.40(a)                         |        |           |   |
+------+-----------------------------------+--------+-----------+---+

**[State Educational Agency]{.smallcaps}**

**Area I: HQT Definitions and Procedures**

**[Critical Element I.4]{.underline}: The SEA ensures that all teachers
hired after the first day of the 2002-2003 school year to teach in Title
I programs were highly qualified at the time of hire.**

**[Citation]{.underline}:** §1119(a)(1)

**[Finding]{.underline}**: Though the State requires that all teachers
are highly qualified at the time of hire, the State is not specifically
monitoring the status of teachers hired to teach in Title I programs.

**[Further Action Required]{.underline}**: Within 30 business days, the
State must submit a plan and a timeline detailing how it will monitor
the HQT status of teachers hired to teach in Title I programs and ensure
uniform corrective action when LEAs are found to be out of compliance.

**[Critical Element I.5]{.underline}: The SEA ensures that all teachers
paid with Title II, Part A funds for class size reduction are highly
qualified.**

**[Citation]{.underline}:** §2123(a)(2)(B)

**[Commendation]{.underline}:** The State is commended for encouraging
its LEAs to be thoughtful and strategic in their use of funds and
creation of strategies to address their needs. Specifically, the State
suggests that LEAs use Title II, Part A funds for class-size reduction
only when the LEA has 100% of its teachers in teaching assignments for
which they are highly qualified.

**Area II: HQT Data Reporting and Verification**

**[Critical Element II.B.1]{.underline}: The SEA has published an annual
report card with the required teacher information.**

**[Citation]{.underline}:** §1111(h)(1)(C)(viii)

**[Finding]{.underline}:** The State's 2006-07 Annual Report Card does
not include the percentage of classes NOT taught by HQT but rather
includes those taught by HQT.

**[Further Action Required]{.underline}:** The State must report to the
public and to the Department the percentage of classes not taught by
HQTs, as required in the Annual State Report Card. Within 30 business
days, the State must submit to ED evidence that the State has included
the correct information in its 2006-07 Annual State Report Card or a
plan with specific procedures to correct the deficiencies. The State
must also provide an assurance that Report Cards for subsequent years
will include all required information.

**[Critical Element II.B.2]{.underline}: The SEA has ensured that LEAs
have published annual report cards with the required teacher information
for both the LEA and the schools it serves.**

**[Citation]{.underline}:** §1111(h)(2)(B)

**[Finding]{.underline}:** The State does not ensure that LEAs' annual
report cards include data on the percentages of classes NOT taught by
HQT. The LEA report cards currently do not include this information.

**[Further Action Required]{.underline}:** Within 30 business days, the
State must provide the Department with a plan with specific procedures
that the State will implement to ensure that LEAs' 2006-07 annual report
cards include the required teacher information for each LEA and the
schools it serves.

**Area III*:* HQT Plans**

[]{.mark}

**[Critical Element III.A.1]{.underline}: The SEA ensures that each LEA
that has not met annual measurable objectives for highly qualified
teachers for 2 consecutive years has an improvement plan in place and
that the SEA has provided technical assistance to the LEA in formulating
the plan.**

**[Citation]{.underline}:** §2141(a) and §2141(b)

**[Finding]{.underline}:** The State did not require that annual
measurable objectives for HQT be set at the LEA level as required by
Section 1119(a)(2). Therefore, the State has not tracked those LEAs that
have failed to meet the highly qualified teacher goals for two
consecutive years. Additionally, although the State requires individual
HQT plans for all teachers who are not highly qualified in their
teaching assignments, the State did not provide evidence that it is
requiring each LEA to have an improvement plan in place if it has not
met annual measurable objectives for HQT for two consecutive years.
Though the State is encouraged to continue the steps it has taken to
ensure that, at the individual teacher level, all teachers are highly
qualified, the State must also ensure that a comprehensive plan exists
at the LEA level if an LEA has not met measurable objectives for HQT for
two consecutive years.

**[Further Action Required]{.underline}:** Within 30 days, the State
must provide the Department with a list of any LEAs that currently have
not met annual measurable objectives for two consecutive years
accompanied by a plan and a timeline for ensuring that these LEAs have
the required improvement plan in place. The plan submitted must also
describe how the SEA will provide technical assistance to the LEAs in
formulating and implementing their required plans.

[]{.mark}

**[Critical Element III.A.2]{.underline}: The SEA enters into an
agreement on the use of funds with any LEA that has not made progress
toward meeting its annual measurable objectives in meeting the highly
qualified teacher challenge for three consecutive years and has also
failed to make AYP for three years.**

**[Citation]{.underline}:** §2141(c)

[]{.mark}

**[Recommendation]{.underline}**: When the State has 2007-08 HQT data,
the State will be able to determine LEAs that have not made progress
toward meeting their annual measurable objectives in HQT and failed to
make AYP for three consecutive years. The state could not provide
evidence that it is prepared to implement this requirement when the data
becomes available. The State should provide information to LEAs
concerning the State and LEA obligations if an LEA should fail to meet
both HQT annual measurable objectives and AYP for three consecutive
years and is encouraged to provide targeted technical assistance to LEAs
that may be affected by this requirement

**[Critical Element III.B.1]{.underline}: The SEA has a plan in place to
ensure that poor and minority students are not taught at higher rates
than other students by inexperienced, unqualified or out-of-field
teachers.**

**[Citation]{.underline}:** §1111(b)(8)(C)

**[Finding]{.underline}:** Though the State has revised its plan to
ensure that poor and minority students are not taught at higher rates
than other students by inexperienced, unqualified or out-of-field
teachers, the State is not implementing, measuring or reporting on this
plan.

**[Further Action Required]{.underline}:** Within 30 days, the State
must submit to the Department a plan and a timeline detailing how the
State will implement, measure and report on its updated plan.

**[Critical Element III.B.2]{.underline}: The SEA ensures that LEA plans
include an assurance that through the implementation of various
strategies, poor and minority students are not taught at higher rates
than other students by inexperienced, unqualified or out-of-field
teachers.**

**[Citation]{.underline}:** §1112(c)(1)(L)

**[Finding]{.underline}:** The State does not require that LEA plans
include an assurance that poor and minority children are not taught at
higher rates by the aforementioned teachers.

**[Further Action Required]{.underline}:** Within 30 days, the State
must submit a plan and a timeline to the Department detailing how it
will ensure that future LEA plans will include an assurance that poor
and minority children are not taught at higher rates than other students
by inexperienced, unqualified or out-of-field teachers. The State must
also provide a plan to ensure that these assurances from LEAs are backed
up by appropriate activities and strategies.

**Area IV*:* Administration of Title II, Part A**

**[Critical Element IV.B.4]{.underline}:** **The SEA regularly and
systematically monitors LEAs for compliance with Federal statutes and
regulations, applicable State rules and policies and the approved
sub-grantee application, as required by EDGAR §76.770 and §80.40(a).**

**[Citation]{.underline}:** *EDGAR* §76.770 and §80.40(a)

**[Recommendation]{.underline}:** The State should continue to work
toward automating its system to request, disburse and track funds.

**[Commendation]{.underline}:** The State is commended for its
procedures to verify and validate the quality and accuracy of the HQT
data reported by LEAs. Specifically, the State is commended for
validating and spot-checking LEA HQT data, including HOUSSE records and
documentation. This process, if done on a regular basis, will serve as a
useful tool for the State.

**Area V*:* Title II, Part A State-Level Activities**

**[Critical Element V.1]{.underline}:** **The SEA ensures that
State-level activity funds are expended on allowable activities.**

**[Citation]{.underline}:** §2113(c)

**[Commendation]{.underline}:** The State is commended for its cohesive
and thoughtful use of funds and existing resources to maximize its reach
and impact on teachers and, ultimately, on student achievement.

**[State Agency for Higher Education]{.smallcaps}**

**[Critical Element 1]{.underline}: The SAHE manages a competition to
award grants to carry out appropriate professional development
activities.**

**[Citation]{.underline}:** §2132 and §2133

**[Finding]{.underline}:** The SAHE did not effectively manage the
competition to award grants. The SAHE did not provide sufficient
guidance to grant applicants regarding allowable activities, eligible
high-need LEAs or responsibilities for all involved partners.

**[Further Action Required]{.underline}:** The SAHE must provide to the
Department, within 30 business days, a plan and a timeline addressing
how the SAHE will ensure that in the future it effectively manages a
competition to award grants. The plan must include a description of how
the SAHE will ensure that all future RFPs provide grant applicants with
information regarding allowable activities and eligible high-need LEAs
and require applicants to describe the responsibilities for all involved
grant partners.

**[Critical Element 3]{.underline}: The SAHE awards grants only to
eligible partnerships that include at least an institution of higher
education and the division of the institution that prepares teachers and
principals, a school of arts and sciences and a high-need LEA.**

**[Citation]{.underline}:** §2131

**[Recommendation 1]{.underline}:** Though the SAHE has awarded grants
only to eligible partnerships, the current RFP states that partnerships
must include an institution of higher education *or* a school of arts
and sciences. Though this incorrect information occurs on only one page
of the RFP and the other sections of the RFP include correct
information, and though the SAHE provides correct guidance and awards
grants only to those that include the required partners, the SAHE should
correct this in the RFP and ensure that all future grantees have the
required partners. In addition, the SAHE should work with grantees to
ensure that all required partners are actively participating in an
on-going and meaningful fashion. The SAHE was not able to provide
evidence that this was currently occurring.

**[Recommendation 2]{.underline}:** Though the SAHE awarded grants only
to partnerships that included a high-need LEA, the SAHE should include
in its RFP a list of eligible high-need LEAs. Including this list will
serve as a resource and save time and effort for both grant applicants
and the SAHE.

**[Critical Element 4]{.underline}: The SAHE ensures that each
partnership awarded a grant engages in eligible activities.**

**[Citation]{.underline}:** §2134

**[Finding]{.underline}**: The SAHE has awarded four grants that provide
services to paraprofessionals to become highly qualified teachers.
However, the SAHE was not able to provide evidence that the
paraprofessionals served were highly qualified.

**[Further action required]{.underline}:** The SAHE must submit to the
Department, within 30 business days, an assurance that all current and
future grantees will serve only highly qualified paraprofessionals.

**[Critical Element 6]{.underline}: The SAHE regularly and
systematically monitors grantees for compliance with Federal statutes
and regulations, applicable State rules and policies and the approved
sub-grantee application, as required by EDGAR §76.770 and §80.40(a).**

**[Citation]{.underline}:** *EDGAR* §76.770 and §80.40(a)

**[Finding]{.underline}**: The SAHE is not regularly and systematically
monitoring grantees. In the preceding year, the SAHE monitored only two
of its four grantees for compliance with Federal statutes and
regulations.

**[Further action required]{.underline}:** Within 30 business days, the
SAHE must submit to the Department a plan and a timeline to ensure that
the SAHE will monitor all grantees for compliance, as required by
statute.

[^1]: FY 2005 funds are those that became available to the State on July
    1, 2005.

[^2]: FY 2006 funds are those that became available to the State on July
    1, 2006.