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Audit of the Department of Elementary and Secondary Education (August 26, 2025)

August 26, 2025 · Department of Elementary and Secondary Education · Read the full official report on mass.gov ↗

Published August 26, 2025 Audit covers July 1, 2021 – June 30, 2023 Under Diana DiZoglio · 2023–present

Read the plain-English breakdown
What is this?

This is a Massachusetts State Auditor performance audit of the Department of Elementary and Secondary Education, covering July 1, 2021 through June 30, 2023.

“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.”
Why was it audited?

Auditors checked whether DESE followed rules and agreements for special education complaints, LGBTQ student support training, and child abuse or neglect reports involving licensed educators.

“The purpose of our audit was to determine the following:”
Why it matters

The problems matter because delays and missed follow-up can affect student safety, special education services, and public trust in DESE’s oversight.

“As a result, DESE may have risked putting or keeping students in harmful educational settings.”
What's in it for me?

For families, this report points to whether students get timely special education help, whether schools are safe and supportive, and whether educators accused in supported abuse or neglect cases are properly reviewed.

“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.”
The bottom line

The auditor concluded that DESE did not meet some legal, federal, and agreement-based responsibilities during the audit period.

“DESE violated federal regulations by failing to investigate and resolve all special education complaints regarding the state’s school districts within the required 60-day timeframe.”
What happens next

The auditor recommended that DESE improve tracking, written procedures, monitoring, communication, and follow-up, and said the office would check back later.

“As part of our post-audit review process, we will follow up on this matter in approximately six months.”
Why it's significant

The audit is significant because it found weaknesses in DESE’s statewide oversight of services and protections for children, including students with disabilities and LGBTQ students.

“As a result, school personnel members may not have had the guidance, training, or support needed to create safe and inclusive environments for LGBTQ students, potentially limiting the impact of statewide efforts to address the needs of this population.”
Jargon, unpacked

An IEP is the written plan that says what special education help, supports, accommodations, and goals a student with disabilities should receive.

“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.”

1 figure(s) pending source verification - not shown

What the Auditor checked

What the Auditor found

DESE did not obtain enough information from DCF to determine whether licensed educator discipline or investigations were warranted for supported abuse or neglect allegations.
public safetyrecordkeeping/documentationinternal controlslicensing/inspections

Why it matters: DESE may have failed to investigate supported abuse or neglect allegations involving licensed educators, risking students remaining in harmful educational settings.

Standard: Memorandum of understanding between DESE and DCF, effective September 15, 2020; Section 51B(I) of Chapter 119 of the General Laws; Section 4.45 of Title 110 of the Code of Massachusetts Regulations. ( Section 51B(I) of Chapter 119 of the General Laws; Section 4.45 of Title 110 of the Code of Massachusetts Regulations )

2 recommendations
  • DESE should request and obtain from DCF the corresponding 51A and 51B reports associated with the spreadsheets DCF provided in July 2023 and conduct appropriate investigations.agency: agreed
  • DESE should implement a centralized process for receiving, tracking, and managing all 51A and 51B reports from DCF.agency: agreed
Agency response & Auditor reply
Agency: "DESE has swiftly undertaken all of the Auditor’s recommendations, reviewed the reports from February 2020 through April 2023, and strengthened internal systems to see that all reports were and continue to be reviewed in a timely manner."
Auditor: "We are pleased to see that DESE appears to have resumed the regular receipt of supported 51A and 51B reports from DCF and has begun to strengthen its internal systems to track and review these reports in a timely manner."
DESE did not resolve all special education complaints within the federally required 60-day timeframe.
reporting timelinessinternal controlsrecordkeeping/documentation

Why it matters: Delays may prevent students from receiving timely services and may reduce caregiver trust in the complaint process.

Standard: Section 300.152 of Title 34 of the Code of Federal Regulations. ( Section 300.152 of Title 34 of the Code of Federal Regulations )

2 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.
Agency response & Auditor reply
Agency: "DESE recognizes the importance of investigating and resolving special education complaints on time."
Auditor: "We acknowledge these efforts."
DESE did not always ensure school districts implemented special education corrective action plans by DESE’s deadlines.
internal controlsreporting timelinessrecordkeeping/documentation

Why it matters: Students may continue to experience delays in special education services, and inaccurate tracking data weakens oversight.

Standard: Section 300.600 of Title 34 of the Code of Federal Regulations and DESE-established internal corrective action due date guidance. ( 34 CFR 300.600 )

2 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.
Agency response & Auditor reply
Agency: "Please see our response to Finding #2 on special education complaints above that outlines the substantial changes PRS made to its implementation of special education complaint decisions."
Auditor: "We strongly encourage DESE to implement our recommendations regarding this matter."
DESE did not fulfill several MOU commitments related to LGBTQ student support and Safe Schools Program training.
internal controlspublic safetyrecordkeeping/documentation

Why it matters: School personnel may not have received guidance, training, or support needed to create safe and inclusive environments for LGBTQ students.

Standard: Memorandum of understanding between DESE and the Massachusetts Commission on LGBTQ Youth, effective September 18, 2013. ( MOU between DESE and the Massachusetts Commission on LGBTQ Youth, effective September 18, 2013 )

1 recommendation
  • DESE should assess current barriers to SSP training delivery and explore ways to reach more school districts.agency: agreed
Agency response & Auditor reply
Agency: "DESE agrees on the importance of ensuring that key deliverables outlined in the MOU with the Commission are completed consistently."
Auditor: "Based on its response, DESE is taking measures to address our concerns regarding this matter."
DESE did not ensure charter school trustees completed required conflict of interest acknowledgments and financial disclosures.
internal controlsrecordkeeping/documentationfraud/theft

Why it matters: Potential or actual conflicts of interest may go undetected, reducing accountability and public trust in charter school oversight.

Standard: Section 89(u) of Chapter 71 and Section 27 of Chapter 268A of the General Laws. ( Section 89(u) of Chapter 71 and Section 27 of Chapter 268A of the General Laws )

1 recommendation
  • DESE should conduct periodic reviews and follow up with schools whose trustees have not submitted required conflict of interest and financial disclosure forms.
Agency response & Auditor reply
Agency: "DESE recognizes the importance of ensuring that members of charter schools’ boards of trustees sign annual conflict of interest material acknowledgement forms (“conflict of interest forms”) and complete required financial disclosure forms (“financial disclosure forms”)."
Auditor: "We acknowledge DESE’s stated commitment to work to address these issues and strongly encourage DESE to implement our recommendations regarding this matter."

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