Overview
The Department of Elementary and Secondary Education (DESE), established by Section 1A of Chapter 69 of the Massachusetts General Laws, falls under the Commonwealth’s Executive Office of Education. The Commissioner of Elementary and Secondary Education serves as DESE’s lead administrator. DESE is responsible for overseeing the education of children from prekindergarten through grade 12 in Massachusetts. According to its website, DESE “provides leadership, oversight, funding, support, and accountability for the Commonwealth’s approximately 400 school districts that educate close to 1 million public school children each year.”
One of DESE’s responsibilities includes administering the Massachusetts Comprehensive Assessment System. See Appendix A for more information.
DESE received state appropriations of approximately $6.43 billion in fiscal year 2022 and $7.18 billion in fiscal year 2023. DESE’s main office is located at 135 Santilli Highway in Everett.
Special Education
Special education refers to specially designed instruction that addresses the unique needs of students with disabilities. In Massachusetts, special education is governed by both federal and state laws. At the federal level, the Individuals with Disabilities Education Act guarantees “a free appropriate public education to eligible children with disabilities throughout the nation,” according to the US Department of Education’s website. At the state level, Chapter 71B of the General Laws expands on these federal requirements by providing additional protections and procedures to ensure that students with disabilities across the Commonwealth receive the support they need to succeed in school.
As the state’s education authority, DESE is responsible for ensuring that schools comply with all federal and state special education laws. Every three years, each school district, charter school, vocational school, and virtual school undergoes an audit conducted by DESE, which is known as the Tiered Focused Monitoring Review. According to DESE’s website,
[The Tiered Focused Monitoring Review] process emphasizes elements most tied to student outcomes, and alternates the focus of each review on either Group A Universal Standards or Group B Universal Standards.
Group A Universal Standards address:
- [Special education] student identification
- [Individualized Education Program] development
- Programming and support services
- Equal opportunity
Group B Universal Standards address:
- Licensure and professional development
- Parent/student/community engagement
- Facilities and classroom observations
- Oversight
- Time and learning
- Equal access
The Tiered Focused Monitoring Review consists of two main phases: a self-assessment phase and an on-site verification phase. In the self-assessment phase, schools are asked to review and submit special education documentation (e.g., policies, procedures, and student records) to DESE for review. During the on-site verification phase, DESE conducts a detailed review of student records, surveys completed by the caregivers1 of students with disabilities, and additional documents. DESE also interviews personnel members and caregiver advisory council representatives and observes classrooms and school facilities to assess compliance with special education requirements. After the on-site visit, DESE provides a report summarizing any findings. If there are any findings, schools are required to develop either a Continuous Improvement and Monitoring Plan or a Corrective Action Plan to address any areas of noncompliance.
Individualized Education Program
An Individualized Education Program (IEP) is the primary tool used in special education to ensure that students with disabilities receive specially designed instruction tailored to their unique needs. It is a legally binding, written document that outlines special education services, support, accommodations, and goals needed and/or appropriate to individual students based on their disabilities. While individual schools and school districts are directly responsible for developing and implementing IEPs, DESE oversees compliance with special education laws; provides guidance and training to personnel members and caregivers; and offers dispute resolution services to ensure that students receive appropriate support.
The process of developing and implementing IEPs is governed by the Individuals with Disabilities Education Act and begins with the identification of a student who may require special education services. The identification of a student with disabilities is followed by a comprehensive evaluation and a determination of eligibility. If the student is found eligible, an IEP team—comprising personnel members, caregivers, specialists external from the school district/school, and sometimes the student—convenes to develop the IEP. Caregiver consent is required before the IEP can be implemented. Once in place, the IEP team reviews the IEP at least annually to monitor the student’s progress and make any necessary adjustments to accommodate evolving educational needs. If a caregiver disagrees with any part of the IEP or the student’s placement, then they can explore different dispute resolution options, including having informal discussions with the local school district or filing a formal complaint with DESE’s Problem Resolution System (PRS) Office. Caregivers may also pursue mediation or request a due process hearing, both of which are handled by the Bureau of Special Education Appeals, a unit within the Division of Administrative Law Appeals.2 Caregivers can also appeal a hearing decision to federal or state court.
According to the Bureau of Special Education Appeals’ website, special education mediation, which is confidential and free, can be requested by either caregivers or school district personnel members. During mediation, a neutral third party moderates a discussion between caregivers and school district personnel members that includes sharing and understanding the issues, identifying possible solutions, and working collaboratively toward an agreement that supports the student’s educational needs. If the parties reach a resolution, then the mediator documents in writing the agreed-upon terms. If the parties do not reach an agreement, then the mediator outlines other options.
While mediation discussions are confidential by law, we have been advised by stakeholders that some school districts use special education settlement agreements that include non-disclosure, non-disparagement, or similarly restrictive clauses as part of these resolutions. This issue has also been reported in a Boston Globe article published on November 12, 2024.3 These non-disclosure, non-disparagement, or similarly restrictive clauses, which go beyond the standard legal confidentiality of mediation, may be included in the final resolution if both parties agree. These clauses typically restrict the sharing of the agreement’s terms outside of the mediation process. As part of this audit, we asked DESE to clarify its role and any oversight it provides concerning the use of non-disclosure, non-disparagement, or similarly restrictive clauses in special education settlement agreements. DESE informed us that it does not participate in the mediation process and is not made aware of the details of any signed agreements between school districts and caregivers. As a result, there is currently no mechanism in place to hold school districts accountable for their use of settlement agreements containing non-disclosure, non-disparagement, or similarly restrictive clauses. (See Other Matters for more information.)
Special Education Complaints
DESE uses its PRS to investigate and resolve complaints from the public concerning students’ educational rights and compliance with laws governing both special and general education. DESE’s PRS Office, which oversees DESE’s PRS, has the authority to investigate potential violations of Part B of the Individuals with Disabilities Education Act and relevant state laws and regulations. People can submit complaints via DESE’s PRS online complaint portal, email, traditional mail, fax, or in-person means. Complaints submitted to DESE’s PRS Office must contain a description of the allegation that the school district, school, or public agency has not complied with federal or state special education laws or regulations and that the alleged noncompliance occurred within one calendar year of the submission of the complaint.
According to DESE’s website, the PRS Office’s mission statement is as follows:
The [PRS] Office ensures that students, families, school districts, and other community members have easy access to information regarding learners’ rights and educational options and to a forum for the resolution of disputes that is prompt, accurate and fair.
When reviewing a special education complaint, the PRS Office may conduct interviews and request documentation to make an independent determination of whether any noncompliance occurred. Once the PRS Office completes its investigation, it issues a written decision within the required 60 calendar days of the date of the complaint intake, unless DESE grants an extension. According to Section 300.152(b)(1) of Title 34 of the Code of Federal Regulations (CFR), DESE can grant an extension if “exceptional circumstances exist with respect to a particular complaint” or if the parties are engaged in mediation and agree to an extension. If an extension is granted, then the PRS Office documents this with a Letter of Extension. The written decision, called a Letter of Finding, includes findings and the reasons for the PRS Office’s final determination. Any noncompliance that the PRS Office identifies must be corrected by the school district as soon as possible, and no later than one year from the date of the Letter of Finding, in accordance with 34 CFR 300.600(e). Although school districts have up to one year to correct noncompliance under federal regulations, DESE, through its PRS Office, often establishes shorter deadlines on a case-by-case basis to promote timely resolution; Under DESE’s timeframes, the PRS Office assigns specific due dates for each required remedy type. (See the “DESE-Established Internal Case Resolution Timeline Guidelines” table for more information.) Minor procedural corrections are typically due within weeks, while broader actions such as school district–wide policy revisions or personnel member trainings are generally due within a few months. According to DESE officials, if a school district fails to meet the deadline set by the PRS Office, PRS Office staff records any enforcement actions taken in the PRS complaint portal. Once the PRS Office determines that the school district or school has fully implemented all required remedies, it issues a Letter of Closure, documenting the steps taken and officially closing the complaint.
According to data we obtained from the PRS complaint portal, the following map illustrates the number of unique special education complaints4 filed with DESE’s PRS Office by county during the audit period. This data only includes special education complaints involving individual students and does not include systemic complaints involving groups of students, schools, and/or classrooms.
Unique Special Education Complaints Filed by County
During the Audit Period
Safe Schools Program for LGBTQ Students
The Safe Schools Program for LGBTQ Students (SSP) is a partnership between DESE and the Massachusetts Commission on LGBTQ Youth. According to the Massachusetts Commission on LGBTQ Youth’s website, the SSP, which started in 1993, provides the state’s public schools with guidance and training to school personnel members on issues affecting LGBTQ school community members. Guidance and training topics include bullying prevention, gender identity, sexual orientation, and strategies for creating welcoming and respectful school settings. Additionally, according to DESE’s website, the SSP offers the following services at no cost to school districts:
- Training on fostering inclusive and affirming school environments.
- Support for transgender, nonbinary and gender-diverse students and staff.
- Guidance on implementing equitable policies and practices.
- Strategies for strengthening family engagement.
- Advancing inclusivity in physical education and sports.
- Addressing community concerns about LGBTQ-related content in curricula through clear communication and education.
The Massachusetts Commission on LGBTQ Youth provides funding and oversight for SSP personnel members, delivers technical support, and organizes trainings in response to school district requests in collaboration with DESE. DESE promotes these opportunities through its website, conferences, and webinars. According to DESE management, the SSP typically fulfills between 150 and 175 training requests annually. Participation in SSP training is not mandatory and attendance is not tracked. School districts voluntarily opt in to SSP training by submitting requests, and SSP personnel members assign trainers accordingly.
According to the SSP website, school districts can request trainings via the website’s online form, email, telephone, or in-person means. SSP personnel members review these requests on a weekly basis and assign either internal SSP personnel members or external consultants as trainers. The training content is then tailored to align with each school district’s goals. Following a training session, SSP personnel members conduct a debrief with the trainers and provide feedback to help improve future offerings.
The SSP operates under a memorandum of understanding (MOU) between DESE and the Massachusetts Commission on LGBTQ Youth. As part of this agreement, the two agencies jointly develop and send out an annual communication to school superintendents and principals that encourages them to proactively create supportive school climates and highlights available resources. Additionally, the two agencies jointly host a presentation to the Board of Elementary and Secondary Education at least once every 24 months, sharing data from the Massachusetts Youth Risk Behavior Survey5 and summarizing collaborative efforts under the MOU. To monitor progress and effectiveness of the SSP, senior personnel members from both DESE and the Massachusetts Commission on LGBTQ Youth also meet quarterly to review SSP implementation, evaluate outcomes, and discuss potential modifications to strengthen the program.
Investigation of Allegations of Child Abuse or Neglect
Whenever allegations of child abuse or neglect are made within a school setting, 51A and 51B reports are created. DESE receives 51A and 51B reports from the Department of Children and Families (DCF) under an MOU between the two agencies.
- A 51A report documents an allegation of child abuse or neglect and is submitted to DCF by mandated reporters6 or the public, as required under Section 51A of Chapter 119 of the General Laws. DCF preliminarily reviews each 51A report to determine whether an investigation is warranted. At the conclusion of this preliminary review, one of two actions can happen:
- If DCF determines that the allegations in the 51A report do not meet DCF’s criteria for suspected child abuse and/or neglect, then DCF screens out (i.e., closes) the report.
- If DCF determines that the allegations in the 51A report do meet DCF’s criteria for suspected child abuse and/or neglect, then DCF screens in (i.e., continues) the 51A report and begins its 51B investigation.
- A 51B report documents a 51B investigation. A 51B report details DCF’s conclusions as to whether there is reasonable cause to believe that a child has been abused or neglected.
DCF informs DESE when an investigation identifies possible misconduct involving a DESE-licensed individual. DESE personnel members review the reports to confirm that the individual in question holds a valid license. If so, DESE initiates an internal inquiry focused on potential licensing violations. DESE’s focus is to review the conduct of the licensed educator and determine whether further action is warranted against the educator’s license.
DESE has no statutory deadlines for concluding these investigations. DESE explained that the pace depends on factors such as the complexity of the allegations and the availability of supporting documentation. If, after reviewing all evidence, DESE concludes that a licensed educator’s conduct does not meet licensure standards, then DESE personnel members forward the matter to the commissioner for further action. This can include licensure suspension or revocation. DESE does not generally become involved in employment decisions at the school district or school level, as those decisions are made locally.
Oversight of Charter School Boards of Trustees
DESE is responsible for appointing and overseeing charter schools’ boards of trustees in the Commonwealth, according to Section 1.06(1)(b) of Title 603 of the Code of Massachusetts Regulations. Under these regulations, DESE also ensures that each charter school maintains appropriate governance practices.
To manage the process of appointing and overseeing trustees, DESE uses an information technology system that collects and tracks data on charter school trustees. This system allows schools to submit required documentation (e.g., resumes) for both new and established trustees.
DESE also uses the information technology system to distribute and collect conflict of interest material acknowledgement forms and financial disclosure forms, as required under state conflict of interest laws. Every year, charter school trustees must file both these forms to alert the state if, in the prior year, they or a family member had a financial interest in any charter school in the nation or with any person doing business with any charter school in the nation. Established trustees must file both these forms annually; new trustees must file their forms within 30 days of becoming a trustee. If a trustee reports a potential conflict of interest, DESE directs the individual to seek an advisory opinion from the State Ethics Commission to determine whether further action is needed.
| Date published: | August 26, 2025 |
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