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NHSA UNCOVERS FINANCIAL MISCONDUCT BY HEAD START BUREAU HEAD, CALLS FOR RESIGNATION AND “END OF WITCH HUNT”

Cover-Up Seen in Treatment of Bush Administration’s Point Person in Attacks on Local Head Start Grantees; More “Cooked” Numbers Expected in Salary Survey.

WASHINGTON, D.C.///April 13, 2004///The National Head Start Association (NHSA) made public today documents detailing a cover-up in which Windy Hill – the associate commissioner in charge of the U.S. Head Start Bureau – was herself found by an independent Health and Human Services (HHS) review to be responsible for serious misconduct involving more than $150,000 in her capacity as the executive director of a Texas Head Start program that she headed immediately before taking over the top job at the federal Head Start program on January 7, 2002. The HHS review findings were confirmed in an outside audit.

Despite the previously undisclosed findings of major problems with her own program, Hill is leading the “witch hunt” nationwide against Head Start grantees for infractions real or imagined. In view of the fact that she personally benefited from a “clear double standard” that resulted in a cover-up of her own misdeeds, the NHSA called for Hill to resign and for the “relentless and demoralizing attacks” against local Head Start programs to cease. NHSA also warned that the siege against local Head Start programs would resume again as early as this week with the latest round of “cooked numbers” from HHS, with the focus this time on Head Start executive director salaries.

The previously unreleased HHS review and outside audit documents implicate Hill in awarding improper bonuses to herself, cashing out multiple months of unauthorized vacation pay, improper reimbursement of undocumented expenses and illicit income that does not appear to have been declared to the IRS for income tax purposes. As executive director of the Cen-Tex Family Services in Bastrop, Texas, Hill also was in charge when HHS rules were broken by improperly drawing down and depositing $140,115 in federal funds that Cen-Tex was not legally entitled to receive and later was ordered to return. Since leaving Cen-Tex, Hill has repeatedly sought out media attention and been openly critical of far less serious problems than those in which she was involved, suggesting, for example, that lesser violations are “criminal” and should be used as grounds to cut off federal funds to particular Head Start grantees.

According to the documents obtained by the NHSA via a Freedom of Information Act (FOIA) request and other sources, the wide range of “material” violations related to Hill’s tenure include the following:

 

  • Thousands of dollars in unauthorized pay. Hill was awarded “three large bonuses ... during a year and a half period,” with no justification to indicate the basis for the “bonus” and no employment policy that provided for bonuses in the first place. More significantly, the review found and the outside audit confirmed that these bonuses where made through Cen-Tex’s accounts payable system instead of its payroll system so that “the funds were not taxed nor reported to the IRS as income for the employee [Hill] nor included in the employee’s W-2 form as income.” If Hill intentionally attempted to avoid paying taxes through this payment scheme, she may have violated criminal provisions of the tax code. The federal government has required Cen-Tex to pay back taxes and penalties out of non-federal funds and pay back the amount of the bonuses to the federal government.
  • Thousands of dollars in unauthorized vacation time. Upon leaving Cen-Tex to take her job at the Head Start Bureau, Hill had Cen-Tex pay her 634 hours of accrued leave – nearly four months -- even though Cen-Tex had a “use it or lose it” policy – a policy she was responsible for enforcing, that allowed for the accumulation of no more than 80 hours of leave and had no policy for “buying out” leave. Moreover, Cen-Tex never budgeted for the funds used to pay for this buyout so the funds undoubtedly came out of program services. The federal government has asked that the cost of this improper vacation-time buyout to be quantified and the funds returned to the federal government.
  • Nepotism and payment of undocumented “expenses.” Numerous procurement irregularities were noted in the federal review of Hill’s operation, including failure to conduct open competitions and failure to “follow the procedures prohibiting nepotism.” An outside audit report confirms that Hill paid vendors “out-of-pocket” and made the agency reimburse her for those payments. The report further stated that some of the reimbursement checks “were issued with no support or insufficient support or authorization.” The federal government has asked Cen-Tex to quantify the amount of the impermissible expense payments and to return the funds to the federal government. could be considered a violation of the civil provisions of the False Claims Act since the agency was taking money to which it was not entitled. The federal government is seeking repayment of these improperly acquired funds.

NHSA President Sarah Greene said: “Windy Hill has been at war with Head Start grantees from the day she stepped into her current office. She has dragged out into the headlines every possible problem – real or imagined, substantiated or simply alleged – and trashed programs across the country. To think that she was, at the same time, benefiting from a cover-up of her own misconduct during her tenure as head of a Head Start agency is simply astonishing. This is an obvious double standard under which HHS elected to hush up the truth about Windy Hill’s egregious program violations. Then, they turned around and made her the point person in their attack on Head Start grantees. I consider her credibility and moral authority – along with those who have been working behind the scenes to put Ms. Hill out front – to be at an absolute, rock bottom zero.”

 

NHSA Director Ron Herndon said: “This is an absolute outrage. In the case of Ms. Hill’s own performance as a Head Start program director, the HHS letter bends over backwards to avoid mentioning her by name. By contrast, Ms. Hill has been prominent in local media in impugning Head Start program directors by name on the basis of little or no facts or other information. She also has demanded immediate remedial action and prompt repayment of funds on the basis of nothing more than accusations. However, Ms. Hill has not been confronted publicly with an audit that is far worse than most of what she has criticized in other Head Start programs. There is every indication that HHS simply buried the whole embarrassing situation. No news release was issued and no calls were made to reporters to undercut Ms. Hill’s professional and community standing. They deliberately gave her a ‘free pass.’”

The latest unfounded attack on local Head Start grantees is expected to resume as early as this week with the release of “top 25” salary data for Head Start executive directors.

HHS will attempt to suggest there is a salary problem, even though it already knows that the facts do not support such a suggestion. On February 5, 2004, NHSA highlighted a detailed analysis conducted on an independent basis by the San Antonio Express-News of the top 100 salaries of executive directors of nonprofit agencies that include Head Start programs. That outside analysis found the salaries to be "about par for charities that focus on child care, according to a study of 68,000 nonprofits by Philanthropic Research Inc." (Information about the Philanthropic Research study is available on the

Web at www.guidestar.org/services/2003_cr_preview.pdf.) The analysis in the February 1, 2004, San Antonio Express-News article directly parallels the research now being wrapped up by the U.S. Department of Health and Human Services (HHS) into Head Start executive director salaries.

The San Antonio Express-News results are particularly telling since most of the individuals cited in the survey are actually executive directors of large, multi-purpose agencies that carry out a number of different programs, only one of which is Head Start. No breakdown is provided in the story on the fraction of the executive directors' salaries that actually come out of Head Start funds, which, in many cases, is under 50 percent. On November 25, 2003, NHSA pointed out that local Head Start program directors (as distinct from executive directors) are underpaid as a group. The average Head Start program director salary is $53,114, which is well under the comparable local position of elementary school principal. The U.S. Bureau of Labor Statistics reported in 2003 that the average pay of elementary school principals is $69,000. In fact, 99 percent of Head Start program directors are paid under $100,000.

The San Antonio Express-News article provides this additional third-party perspective on the salary question: "'When you look at it in perspective, 90 percent of your executive directors are probably making what your average citizen would consider a normal range,' said James Mitchell, director of the Institute of Child and Family Studies at Texas Tech University, which trains Head Start employees and sends consultants to troubled agencies."

In subsequent comments, Mr. Mitchell said: "This analysis provides the first independent look at Head Start executive director salaries and it debunks the notion that there is some kind of problem here that needs to be fixed. Even at the nation's biggest Head Start programs, nearly every salary is in line with what other comparable nonprofit heads are being paid … Anyone who thinks that these executive directors should be paid less just because this is Head Start is sending a very clear message about the low priority they place on this crucial program serving America's most disadvantaged children. It is particularly cynical to fail to provide the funds needed to pay Head Start teachers and then to turn around and blame the lack of funds on the salaries of the highly-skilled individuals required to run these programs."

The expected distortion by HHS of the salary data is far from the first time that the agency has “cooked the books” in a reckless effort to manufacture a case for dismantling the Head Start program. On March 18, 2004, NHSA and Rep. George Miller reported that new Head Start monitoring program data that has not yet been released to the news media by the U.S. Department of Health and Human Services (HHS) finds that 89 percent of Head Start grantees across the United States in fiscal year 2002 had no major compliance problems. That was an improvement over the 85 percent of Head Start grantees found to be substantially in compliance in HHS’ previous Head Start monitoring report, which covered fiscal year 2000.

However, Miller and NHSA officials criticized the unpublicized report, which alters the reporting categories used in previous HHS monitoring reports for Head Start programs. The shuffling of the numbers appears to be a clumsy and transparent attempt to invert positive findings about Head Start grantees in order to make them look bad. Greene said that she was “concerned, but not at all surprised” to see that Administration officials at HHS attempted to reorganize the 2001-2002 report data in a way that might cast local grantees in a less favorable light. Whereas the reports for fiscal year 2000 and before had emphasized the number of programs substantially in compliance (e.g., the 85 percent without “deficiencies” in 2000), the new report covering 2001-2002 downplays that number by focusing on the number of programs without “deficiencies” of any kind (i.e., 14 percent in 2001 and 11 percent in 2002).  

ABOUT NHSA

The National Head Start Association is a private not-for-profit membership organization dedicated exclusively to meeting the needs of Head Start children and their families. It represents more than 900,000 children, 190,000 staff and 2,500 Head Start programs in the United States. The Association provides support for the entire Head Start community by advocating for policies that strengthen services to Head Start children and their families; by providing extensive training and professional development to Head Start staff; and by developing and disseminating research, information and resources that enrich Head Start program delivery.

 

CONTACT: Ailis Aaron, (703) 276-3265 or aaaron@hastingsgroup.com

EDITOR’S NOTE: A copy of the unreleased HHS report, “Report to Congress on Head Start Monitoring, Fiscal Years 2001 and 2002,” is available by contacting (703) 276-3258 or ckraly@hastingsgroup.com. The executive summary is available via email as a PDF file and the full text will be provided via hand/overnight delivery.

 

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