Mississippi Department of Education and State Auditor spar over use of federal aid

The Mississippi Department of Education and the Office of the State Auditor are having a difference of opinion on whether MDE is spending federal COVID-19 relief funds according to the law.

Monday, State Auditor Shad White wrote a letter to Gov. Tate Reeves, Lt. Gov. Delbert Hosemann and House Speaker Philip Gunn expressing his concerns over how the department was restricting certain purchases to preferred vendors.

“In the law, MDE is to set up an Express Product List (EPL). That EPL is a list of approved technology vendors. Ideally, MDE would hold an open competition where computer companies compete to offer the lowest prices for the best technology in order to be placed on the list. School districts could then choose to buy technology from the companies on that list, and MDE would reimburse the districts for the cost of the technology,” White wrote.

“The Legislature expressly authorized school districts to purchase technology outside the EPL, too, though. Buying off MDE’s approved vendor list was simply an option. Section 7(c) of the law states that school districts can buy from companies that are not on the EPL as long as the purchases meet certain criteria. The law states that a “school shall … purchase products from vendors listed on the EPL, if using funds under this grant program, unless the school can demonstrate … ” that it has met a list of criteria (emphasis added).

“The Office of the State Auditor has learned that MDE has decided that no school-regardless of whether they meet the criteria-may purchase technology outside MDE’s preferred list and be reimbursed. MDE has stated that, “after the MOE enters into the contracts [with companies on the EPL], districts should not purchase items on the EPL from other vendors.” In MDE’s guidance to districts, MDE stated schools “shall … purchase products from vendors listed on the Express Product List.

“MDE’s position contradicts state law.”

Tuesday, MDE refuted White’s assertions in a press release.

“Mr. White’s Aug. 24, 2020, letter to state leaders and lawmakers is inaccurate and devoid of all context about the intent of this law,” said Dr. Carey Wright, state superintendent of education in the release. “The MDE is implementing SB 3044 with fidelity and has been working diligently on behalf of districts to ensure every student in Mississippi is equipped with the technology to learn at school or at home. At no point did Mr. White contact me about his concerns.”

“The law directs the MDE to develop a system for districts to purchase technology within a statewide bulk plan to ensure the best price, quality and on-time delivery,” the release states. “Devices purchased through the Equity in Distance Learning Act will have all software, security and support features built in and configured for immediate use.

“As the law dictates, the bulk purchase system maximizes the buying power of Mississippi as a state and ensures all public-school students will receive computer devices before the deadlines set by the law.”

MDE also states that it put the technology out for bids and four vendors responded.

“An outside group of technology experts evaluated the bids and selected CDW-Government to supply districts with devices through an Express Products List (EPL). Apple was also included on the EPL as an emergency procurement. CDW-Government and Apple are the only companies that met all MDE requirements for the program,” MDE said.

“The MDE’s digital learning plan was designed to ensure equity by guaranteeing that every student in Mississippi would be provided with a digital device that was configured and supported to help them be successful,” Wright said. “If districts are forced to compete against each other, there will be winners and losers.”

White responded to the MDE’s press release with a release of his own.

“Yesterday my team and I wrote a letter that pointed out that the Mississippi Department of Education (MDE) was ignoring the law on COVID-19 stimulus money for technology.

“Again, as the letter stated, MDE told schools that schools ‘shall . . . purchase products from vendors listed on the Express Product List.’ This contradicts the law. And I didn’t make those words up. Those are MDE’s words. We have multiple documents showing this, along with emails from MDE confirming that this was their position, along with accounts from several local superintendents who were told this. Facts are stubborn things.

“Today MDE wrote a press release finally acknowledging that schools do not have to buy from MDE’s preferred vendors. I’m glad they changed their position, even if it did take them being called on the carpet. I hope this will give school districts at least some flexibility to buy outside of MDE’s favored vendor list.”