Press Release  Audit Reveals Oversight Failures at Department of Elementary and Secondary Education

Boston — Today, State Auditor Diana DiZoglio’s Office released an audit report of the Department of Elementary and Secondary Education (DESE), reviewing the period from July 1, 2021 through June 30, 2023.

DESE is responsible for overseeing the education of children from prekindergarten through grade 12 in Massachusetts.

Among the audit’s findings is that DESE did not ensure that it received and investigated reports of child abuse and neglect involving licensed educators. Failure to enforce the terms of its memorandum of understanding (MOU) with the Department of Children and Families (DCF), establish reliable data-sharing practices, and follow up on incomplete information compromised DESE’s oversight responsibility. DESE failed to fulfill its obligation to investigate supported allegations of abuse or neglect involving licensed educators or applicants. As a result, individuals who pose a risk to student safety could remain in classrooms or educational settings without appropriate review or disciplinary action.

The audit also found DESE did not investigate and resolve special education complaints within the federally required 60-day timeframe. Delays in investigating and resolving special education complaints prevent students from receiving the timely support and services they are entitled to under federal law, which may negatively impact their educational progress. These delays can also leave families feeling frustrated and unheard, eroding trust in DESE’s complaint resolution process.

Moreover, the audit found DESE did not ensure that school districts implemented special education corrective action plans within the timeframes it established. When corrective action plans are not implemented in a timely manner, students may continue to experience delays or gaps in receiving special education services. This can negatively impact educational progress and deny students the remedies they need for previously identified areas of noncompliance.

Furthermore, the audit found DESE violated its MOU with the Massachusetts Commission on LGBTQ Youth by:

• not issuing a required annual communication to school leaders on creating safe and supportive environments for LGBTQ students.
• not delivering a required presentation on LGBTQ youth to the Board of Elementary and Secondary Education (BESE).
• not ensuring that school districts that requested Safe Schools Program (SSP) LGBTQ trainings received them.

This can reduce the effectiveness of efforts to create safe and supportive school environments and increase the risk that LGBTQ students do not receive adequate protections and support.

The audit also found DESE did not oversee the use of special education settlement agreements, including the use of non-disclosure clauses, by school districts. This lack of oversight significantly impacts DESE’s ability to assess compliance with federal and state special education laws, monitor equitable treatment across school districts, or identify reoccurring issues that might warrant further investigation. 

Finally, the audit found DESE did not ensure that charter school trustees signed conflict of interest material acknowledgment forms and submitted required financial disclosure forms. Without these documents, there is an increased risk that potential or actual conflicts of interest may go undetected and unaddressed, influencing decision-making in ways that are not in the best interest of students, families, or the public. Additionally, DESE’s lapse in enforcing these requirements undermines accountability, reduces public trust in the oversight of charter schools, and results in noncompliance with state ethics laws and policies.

“The Commission appreciates the Auditor for her devotion to intersectional inclusion across the Commonwealth,” said Shaplaie Brooks, executive director of the Massachusetts Commission on LGBTQ Youth. “We are committed to continuing our collaboration with DESE and we remain hopeful regarding their continued support for the Commission, their ongoing efforts to promote and ensure inclusive professional development for their districts, and most importantly, their commitment to ensure that all students across the Commonwealth have access to inclusive and intersectional education that is accurate and equitable. We remain excited to see the fruit of this partnership even in these challenging times in our country.”

“Every child deserves a strong start and a fair chance at success,” said Auditor DiZoglio. “That opportunity has been put at risk due to several issues that require urgent and consistent attention at the Department of Elementary and Secondary Education. Each day these challenges go unaddressed is another day a student may miss out on the supports they need to be able to reach their highest potential. DESE has already begun to address some of the issues we raised to them throughout this audit report and that work must continue to ensure all children, regardless of their family background, bank balance or zip code, are fully supported and protected.”

###