Audit Audit of the Department of Elementary and Secondary Education

Our office conducted a performance audit of certain activities of the Department of Elementary and Secondary Education (DESE) for the period July 1, 2021 through June 30, 2023.

Organization:	Office of the State Auditor
Date published:	August 26, 2025

Executive Summary

In accordance with Section 12 of Chapter 11 of the Massachusetts General Laws, the Office of the State Auditor has conducted a performance audit of certain activities of the Department of Elementary and Secondary Education (DESE) for the period July 1, 2021 through June 30, 2023.

The purpose of our audit was to determine the following:

Did DESE ensure that all special education complaints were investigated within the 60-day timeframe required by Section 300.152 of Title 34 of the Code of Federal Regulations and that all appropriate corrective actions were implemented by school districts within the timeframes it established?
To what extent did DESE collaborate with the Safe Schools Program for LGBTQ Students (SSP) to provide trainings for school district employees on LGBTQ issues, in accordance with the memorandum of understanding (MOU) between DESE and the Massachusetts Commission on LGBTQ Youth, effective September 18, 2013?
Did DESE investigate reports of alleged child abuse or neglect involving licensed educators that were referred by the Department of Children and Families (DCF), in accordance with the MOU between the two agencies that was effective September 15, 2020?

Below is a summary of our findings, the effects of those findings, and our recommendations, with hyperlinks to each page listed.


Finding 1	DESE did not ensure that it obtained necessary information from DCF to determine whether alleged child abuse or neglect warranted licensed educator disciplinary actions or licensing investigations.
Effect	Because DESE did not enforce the terms of the MOU effective September 15, 2020, establish reliable data-sharing practices, or follow up on incomplete information, it compromised its duty to investigate supported allegations of abuse or neglect involving licensed educators. As a result, DESE may have risked putting or keeping students in harmful educational settings.
Recommendations	DESE should request and obtain from DCF the corresponding 51A and 51B reports associated with the spreadsheets DCF provided in July 2023. DESE should also conduct appropriate investigations into any supported findings of child abuse or neglect involving individuals who may hold or have applied for a Massachusetts educator license and take necessary action when appropriate. DESE should implement a centralized process for receiving, tracking, and managing all 51A and 51B reports from DCF. This process should record receipt dates, responsible reviewers, follow-up actions taken, and case statuses. DESE should develop and implement procedures to reconcile reports received from DCF with internal records in a timely manner. This would ensure that all required reports are received, reviewed, and appropriately acted upon. DESE should work with DCF to revise or reinforce the MOU that was effective starting on September 15, 2020 in order to establish clear expectations regarding the format and content of report transmissions. This should include a mechanism for escalating concerns when data is missing, delayed, or incomplete. DESE should implement a review process to ensure that all required information is included before accepting reports from DCF. Any incomplete reports should be promptly flagged and returned for revision.
Finding 2	DESE violated federal regulations by failing to investigate and resolve all special education complaints from the state’s school districts within the required 60-day timeframe.
Effect	Delays in investigating and resolving special education complaints prevent students from receiving the timely support and services that they are entitled to under federal law, which may negatively impact their educational progress. These delays can also leave caregivers feeling frustrated and unheard, eroding trust in DESE’s complaint resolution process.
Recommendations	DESE should develop and implement written policies and procedures, including effective monitoring controls, to ensure that special education complaint investigations and resolutions are completed within the federally required 60-day timeframe. DESE should assess its current personnel levels, resources, and processes to ensure that they are adequate to manage the increased volume of special education complaints. DESE should clearly communicate its expressed needs to the Massachusetts Legislature and the Office of the Governor to help ensure that it can fully comply with federal regulations governing the investigation of special education complaints.
Finding 3	DESE did not always ensure that school districts implemented special education corrective action plans within its established timeframes.
Effect	If DESE does not ensure that school districts implement corrective action plans in a timely manner, then students may continue to experience delays in receiving special education services. This may negatively impact their educational progress and deny them remedies for the school’s noncompliance. In addition, inaccurate or missing data in DESE’s tracking system weakens oversight and limits DESE’s ability to hold school districts accountable for timely implementation of corrective action plans.
Recommendations	DESE should develop and implement written policies, procedures, and monitoring controls to ensure that school districts implement corrective action plans within established timeframes. DESE should implement a verification process to ensure the accuracy and completeness of information entered into its tracking system.
Finding 4a	DESE did not issue the required annual communication to school leaders on creating safe and supportive environments for LGBTQ students.
Effect	Without annual communication from DESE, school superintendents and principals may not have current guidance and awareness of resources available to support LGBTQ students. This lack of communication could limit the ability to create safe and supportive school environments for LGBTQ students.
Finding 4b	DESE did not deliver the required biennial presentation on LGBTQ youth to the Board of Elementary and Secondary Education.
Effect	If DESE does not deliver this presentation to the Board of Elementary and Secondary Education, then trustees may lack current information and an awareness of the needs of LGBTQ youth. This lack may hinder informed decision-making, limit the board’s ability to advocate for necessary resources, and reduce the effectiveness of policies aimed at improving the safety and well-being of LGBTQ students in Massachusetts schools.
Finding 4c	DESE did not ensure that all school districts received training for the Safe Schools Program for LGBTQ Students, including some that had requested it.
Effect	If DESE does not ensure that all school districts receive training for the SSP program, then school personnel members may not receive the necessary knowledge and tools to support LGBTQ students effectively. This may contribute to uneven implementation of inclusive practices across school districts and may hinder efforts to ensure safe and supportive school environments for all students.
Recommendations	DESE should develop, document, and implement monitoring controls to ensure that all key deliverables outlined in the MOU between it and the Massachusetts Commission on LGBTQ Youth, effective September 18, 2013 (such as the annual communication to school leaders on creating safe and supportive environments for LGBTQ students and the biennial presentation on LGBTQ youth to the Board of Elementary and Secondary Education), are completed. DESE should oversee school districts’ proactive outreach concerning LGBTQ-related training and collaborate with the Massachusetts Commission on LGBTQ Youth to enhance awareness of SSP training and its value across school districts. DESE should assess current barriers to SSP training delivery and explore ways to reach more school districts, particularly those that have expressed interest but have not received training. DESE should maintain comprehensive documentation for all quarterly joint meetings with the Massachusetts Commission on LGBTQ Youth, including agendas, minutes, and attendance records, to better track and monitor progress on issues identified in this report and other areas needing improvement.

In addition to the conclusions we reached regarding our audit objectives, we also identified issues not specifically addressed by our objectives regarding DESE’s oversight of charter school trustees and its role in overseeing special education settlement agreements, especially those that use non-disclosure, non-disparagement, or similarly restrictive clauses. See Other Matters for more information.

Downloads

Open PDF file, 761.32 KB, Audit Report - Department of Elementary and Secondary Education (English, PDF 761.32 KB)

Help Us Improve Mass.gov with your feedback

Did you find what you were looking for on this webpage?

Yes

If you have any suggestions for the website, please let us know. How can we improve the page?

Please do not include personal or contact information.

The feedback will only be used for improving the website. If you need assistance, please contact the State Auditor. Please limit your input to 500 characters.

Please remove any contact information or personal data from your feedback. You will NOT get a response.

If you need assistance, please contact the State Auditor.

Please let us know how we can improve this page.