ethics and compliance: lessons learned from el paso isd region 20 education service center december...

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Ethics and Compliance: Lessons learned from El Paso ISD Region 20 Education Service Center December 4th, 2013 Bill Brown, JD, CPA, Weaver Adam Jones, Weaver

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Ethics and Compliance:Lessons learned from El Paso ISD

Region 20 Education Service Center

December 4th, 2013

Bill Brown, JD, CPA, WeaverAdam Jones, Weaver

The CaseEl Paso ISD was a large-scale forensics investigation of a data-manipulation and accountability avoidance scheme

implemented over several school years, impacting the education of

hundreds of students.

• A team of up to 12 staff: investigators, data analysts, accountants, HR and policy consultants, including a former FBI agent and former Dallas police detective

• Examination of thousands of student records, HR files and e-mails across six school years

• 155 individual witness interviews

• Four months of on-site work, culminating in an 86-page report with hundreds of pages of additional exhibits

The Scope

Caveats• The Criminal Element: The district was literally

run for several years by a criminal, eventually convicted and incarcerated

• The engagement was not originally proposed as an investigation, but as a process examination

• We had the benefit of HINDSIGHT

What can an education leader take away from today’s presentation to improve a school district?• Setting the “Tone at the Top” is not a cliché• How do you monitor what happens at a campus?• Policies and procedures matter• Preventative data analysis• Ethics and compliance programs: a people solution

“Tone at the Top” (not a management cliché)

• In this case, the superintendent/board relationship was not a “team of eight” but a team of one

• Inadequate oversight: internal audit was ineffective and reported to the wrong place

• One bad actor at the top will leave behind an infrastructure even after he is gone—and sometimes worse, a power void

From Central Office to Campus• Monitoring disparate campuses is a difficult

task in the best of circumstances• It is more difficult if the underlying

infrastructure (reporting and communications) lacks integrity and campus staff are not empowered

• Data is one tool…but engagement is more important

Policies and Procedures Matter• In some instances, policies were developed to

facilitate improper actions at the campus level

• However, a vast majority of board policies adhered to statute, administrative code and TASB blue book practice…

…assuming they were followed.

They weren’t.

In a large school district, there are always hidden corners where employees can make bad decisions, often escaping anyone’s notice or knowledge.

Policies and Procedures Matter

Preventive Data AnalysisRemember, we had the benefit of hindsight…

FACT: Bowie High School implemented a scheme to avoid students taking the 10th grade TAKS, eliminate the LEP subgroup and then advance students past 10th grade and to graduate them without accountability consequences.

Question:

Did campuses other than Bowie exhibit any similar characteristics?

Preventive Data Analysis

Avoiding LEP Accountability

2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 -

20

40

60

80

100

120

140

160

LEP by 10th Grade Level (Bowie)

BOWIE HIGH SCHOOL

Avoiding LEP Accountability

2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 -

20

40

60

80

100

120

140

160

LEP by 10th Grade Level

ANDRESS HIGH SCHOOLAUSTIN HIGH SCHOOLBOWIE HIGH SCHOOLBURGES HIGH SCHOOLEL PASO HIGH SCHOOLIRVIN HIGH SCHOOLJEFFERSON HIGH SCHOOL

50

Skipping 10th Grade

2006/07 2007/08 2008/09 2009/10 2010/110

10

20

30

40

50

60

70

80

SCHOOL, Grade Change, 9 --> 11 (Bowie)

BOWIE HIGH SCHOOL

Skipping 10th Grade

2006/07 2007/08 2008/09 2009/10 2010/110

10

20

30

40

50

60

70

80

SCHOOL, Grade Change, 9 --> 11

ANDRESS HIGH SCHOOLAUSTIN HIGH SCHOOLBOWIE HIGH SCHOOLBURGES HIGH SCHOOLEL PASO HIGH SCHOOLIRVIN HIGH SCHOOLJEFFERSON HIGH SCHOOL

Code of Ethics

Central Office

State LawPolicy and Procedures

Campuses

COMMUNICATION*• Training• Monitoring• Reporting• Assistance

Integrity of DataEducation

Reporting Non-com

pliance

Code of Ethics

Central Office

State LawPolicy and Procedures

Campuses

COMMUNICATION*• Training• Monitoring• Reporting• Assistance

Integrity of DataEducation

Reporting Non-com

pliance

DISCONNECT

Ethics and Compliance Program• Establish a written ethics policy and code of

conduct, communicate to ALL employees• Be vigilant about updating policies and

procedures• Be more vigilant about communicating those

policies and procedures to employees and third party contractors

Ethics and Compliance Program

But remember:

• This is a PEOPLE solution, not just words on a page.• It requires empowerment!

The “People” SolutionREMEDIATIO

N95%

INVESTIGATEEDUCATE EMPLOYEES

REPORTING MECHANISM

TONE at the Top

REDUCE DETECTION

TIME

• Establishes standards for ethical behavior

• Affixes responsibility for maintaining ethical culture

• Sets positive example for others to follow

The “People” SolutionREMEDIATIO

N95%

INVESTIGATEEDUCATE EMPLOYEES

REPORTING MECHANISM

TONE at the Top

REDUCE DETECTION

TIME

The “People” SolutionREMEDIATIO

N95%

INVESTIGATEEDUCATE EMPLOYEES

REPORTING MECHANISM

TONE at the Top

REDUCE DETECTION

TIME

• Informed employees will be more likely to act ethically

• Raises awareness of potentially fraudulent conduct by other employees or vendors

• Encourages reporting of fraudulent conduct (early detection)

The “People” SolutionREMEDIATIO

N95%

INVESTIGATEEDUCATE EMPLOYEES

REPORTING MECHANISM

TONE at the Top

REDUCE DETECTION

TIME

The “People” SolutionREMEDIATIO

N95%

INVESTIGATEEDUCATE EMPLOYEES

REPORTING MECHANISM

TONE at the Top

REDUCE DETECTION

TIME

The “People” SolutionREMEDIATIO

N95%

INVESTIGATEEDUCATE EMPLOYEES

REPORTING MECHANISM

TONE at the Top

REDUCE DETECTION

TIME

• Commitment to non-retaliation

• Anonymous reporting extremely important

• Appropriate response (part of the solution or part of the problem)

• Reduces detection time

• Cornerstone to enterprise-wide anti-fraud system

The “People” SolutionREMEDIATIO

N95%

INVESTIGATEEDUCATE EMPLOYEES

REPORTING MECHANISM

TONE at the Top

REDUCE DETECTION

TIME

• Objective/probing

• Identify stakeholders/isolate interested individuals

• Utilize appropriate investigative personnel (appropriate skills)

• Timely conclusion/recommendations

The “People” SolutionREMEDIATIO

N95%

INVESTIGATEEDUCATE EMPLOYEES

REPORTING MECHANISM

TONE at the Top

REDUCE DETECTION

TIME

Thank you for all you do for Texas kids!

Questions? Comments?

[email protected]

[email protected]