Finding 626661 (2022-001)

Significant Deficiency
Requirement
N
Questioned Costs
-
Year
2022
Accepted
2023-02-26
Audit: 43038
Organization: Kha'p'o Community School (NM)
Auditor: Sjt Group LLC

AI Summary

  • Core Issue: The School failed to conduct a required character investigation for one employee involved with Indian children, violating federal law.
  • Impacted Requirements: Compliance with the Indian Child Protection and Family Violence Prevention Act is necessary for all employees in contact with Indian children.
  • Recommended Follow-Up: Review all personnel files to confirm character investigations are completed and properly documented for all employees.

Finding Text

2022-001 ? Special Tests and Provision ? Character Investigations Federal/state program information: Funding agency: U.S. Department of the Interior Title: Indian School Equalization Program (ISEP) ALN: 15.042 Award period: July 1, 2021 ? June 30, 2022 Criteria: The Indian Child Protection and Family Violence Prevention Act (25 USC 3201 et seq.) requires Indian tribes and tribal organizations that receive funds under the ISDEAA or the Tribally Controlled Schools Act to conduct an investigation of the character of each individual who is employed or is being considered for employment by such Indian tribe or tribal organization in a position that involves regular contact with, or control over, Indian children. Condition: The School did not conduct a character investigation of one individual of the program. Context: One of three employees selected for testing from this program. Questioned Costs: None Cause: The School experienced turnover in its Human Resources department. Additionally, the COVID-19 pandemic impacted in-person instruction and School operations during the last couple of years. Effect: The School is not in compliance with the Indian Child Protection and Family Violence Prevention Act. Auditor?s Recommendations: The School should perform a review of all employee personnel files to ensure that all employees of the School have adequate documentation of completed character investigations. The School should maintain the results of any such investigations in each employees personnel file along with appropriate documentation from the School?s adjudicating official clearing the employee for employment with the School. Management?s Response: It is management?s intent that the School return to a state of compliance with the Indian Child Protection and Family Violence Prevention Act as quickly as possible. The individual identified during the testing of ISEP has had their character investigation initiated. Per the Crime Control Act of 1990 ? PL 101-647, provisional hiring is permitted and this individual can maintain their employment with the School while their background is adjudicated. On December 19, 2022, the Director of Human Resources vacancy was filled after nearly 6 months. The new Director is dedicated to ensuring that we are in compliance moving forward.

Categories

Special Tests & Provisions

Other Findings in this Audit

  • 50219 2022-001
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
15.042 Indian School Equalization Program $740,598
15.046 Administrative Cost Grants for Indian Schools $463,933
15.047 Indian Education Facilities, Operations, and Maintenance $274,167
15.043 Indian Child and Family Education $235,354
84.027 Special Education_grants to States $205,544
84.010 Title I Grants to Local Educational Agencies $156,498
10.553 School Breakfast Program $114,316
15.151 Education Program Enhancements $74,667
15.164 Covid-19 Education It $66,893
84.425 Covid-19 Education Stabilization Fund $53,811
10.555 National School Lunch Program $30,958
84.336 Teacher Quality Partnership Grants $27,745
21.019 Covid-19 Coronavirus Relief Fund $25,451
15.044 Indian Schools_student Transportation $11,619
15.149 Focus on Student Achievement Project $10,192
84.060 Indian Education_grants to Local Educational Agencies $5,010
93.323 Covid-19 Epidemiology and Laboratory Capacity for Infectious Diseases (elc) $1,867
84.424 Student Support and Academic Enrichment Program $1,578