An audit report from the office of State Auditor Diana DiZoglio has revealed significant oversight failures at the Department of Elementary and Secondary Education (DESE) in Massachusetts. According to the report, reviewed spanning from July 1, 2021, through June 30, 2023, DESE did not effectively oversee the education of children from prekindergarten through grade 12, as required. Most notably, the audit highlighted that DESE failed in assuring that it received and investigated reports of child abuse and neglect involving licensed educators, according to a Mass.gov news release.
Uncovered in the audit, were lapses in enforcing a memorandum of understanding (MOU) with the Department of Children and Families (DCF), not establishing data-sharing practices, and not following up on incomplete information. These issues have led to DESE failing to investigate supported allegations of abuse or neglect which could leave educators posing a risk to student safety in classrooms or educational settings sans appropriate review or disciplinary action. According to the audit findings, special education complaints were also not investigated and resolved within the federally mandated 60-day timeframe, delaying the support and services students are entitled to under federal law.
Adding to the failures, DESE reportedly did not ensure that corrective action plans for special education were put into action within their own established timelines, meaning that students continued to face delays in receiving the necessary services that can affect their educational progress. Furthermore, DESE violated its MOU with the Massachusetts Commission on LGBTQ Youth by not issuing an annual communication to school leaders on creating safe environments for LGBTQ students, failing to deliver a presentation on LGBTQ youth to the Board of Elementary and Secondary Education, and not ensuring that requested Safe Schools Program (SSP) LGBTQ trainings were received by school districts.
While reviewing the audit, it was found DESE lacked proper oversight regarding the use of special education settlement agreements and non-disclosure clauses by school districts. Without this oversight, DESE's ability to gauge compliance with federal and state special education laws, monitor fair treatment, or identify recurring issues is significantly impacted. Also highlighted in the audit was the failure to ensure that charter school trustees signed conflict of interest acknowledgment forms and submitted required financial disclosures, increasing the risk of conflicts going undetected and unaddressed, as noted by the audit. In addition to undermining accountability, such lapses reduce public trust in the oversight of charter schools.
Shaplaie Brooks, the executive director of the Massachusetts Commission on LGBTQ Youth, appreciated the Auditor's efforts for "devotion to intersectional inclusion across the Commonwealth," while expressing hope for DESE's continued support and commitment to ensure inclusive education for all students. "Every child deserves a strong start and a fair chance at success," Auditor DiZoglio stated on Mass.gov, emphasizing the urgency of addressing these issues to ensure the comprehensive support and protection of all children. The report acknowledges that while DESE has started to address some of the issues, sustained effort is essential for the full realization of equitable educational opportunities for Massachusetts students.
