Speech  Auditor Bump Supports of Strengthening Massachusetts Anti-Hazing Law

Boston — Good afternoon, General Coakley and other Commission members. Thank you for giving me this opportunity to provide my perspective on the work you are doing to protect our school children from hateful and harmful words and actions.

It may not be immediately apparent why the State Auditor is before you today, but as your State Auditor, I am committed to making government work better.  One of the ways this is done is by examining what has and hasn’t worked in the past and advocating for the application of those lessons to our problem-solving today.

Accordingly, I am here to share with you some findings from a January audit report on hazing, in support of my recommendation of an amendment to the bullying law mandating the reporting of such incidents to the Department of Elementary and Secondary Education (DESE) and that DESE annually compile a report of bullying incidents.

Like the bullying law, the anti-hazing statute arose from a tragic student death after a hazing incident.  My predecessor, State Auditor A. Joseph DeNucci, last month issued an audit examining compliance with the anti-hazing law.  The Office found that the reporting requirements of the law were not being met; that it was impossible for DESE to know whether schools were effectively administering the law, and that DESE itself was failing to report school non-compliance to the Office of the Attorney General.

The audit activity made DESE aware of their failures and they began immediately to right the situation, establishing internal controls and necessary supervision of the schools’ activity. DESE is to be commended for its rapid response.

The hazing audit produced other results, including a recommendation that the Legislature strengthen the anti-hazing law by mandating that school districts report hazing incidents to DESE and that DESE compile an annual report of hazing incidents.  These measures will enable officials to increase program accountability, by tracking the number of incidents from year to year, identifying successes and problems, and taking appropriate action.

The hazing audit report has informed my review of the school bullying law, and I see that this law also lacks mandated reporting of incidents to DESE.  Despite the law’s many strengths, it does not require a principal or identified school official to report to DESE bullying incidents that trigger parental notification.  I believe such a requirement would enhance the law, and I strongly urge the Commission to recommend this change to the Legislature. 

Mandated reporting is important for several reasons.  First, it will allow educators, parents, students, school committee members, state education officials, and law enforcement to have an accurate and easily accessible count of incidents from year to year.  This will provide a basis for measurement and a gauge to judge the overall effectiveness of the law.

Second, tracking the number of bullying incidents will allow districts to tailor or modify their educational programs based on a proper assessment of the severity of the problem within each district. It will also facilitate the identification and sharing of best practices to be utilized in the formation of each district’s bullying prevention and intervention plan as well as in developing the required professional development and social and emotional learning curriculum.

We all want, and our children need, the anti-bullying law to be effective. I believe this amendment will enhance its effectiveness as well as make the program more accountable and transparent. This is how we make government work better.

Again, thank you for this opportunity to provide testimony and I hope that my recommendations are helpful in the successful completion of the important work before you.  Please contact me if I may provide any further information or if you have any questions.