US Department of Education Investigates MA DESE State Complaint Process

Those involved in systemic advocacy efforts here in MA, have long believed the state to be out of compliance with the IDEA's state complaint process and have sought the Office of Special Education Programs' (OSEP) of the U.S. Department of Education assistance in investigating and remedying the situation.

In 2019-2020, The EdLaw Project was a client of Northeastern University School of Law's (NUSL's) Legal Skills in Social Context (LSSC) program. The project for the NUSL students was to do an in-depth analysis of many state department of elementary and secondary education (MA DESE) complaints. The Special Needs Advocacy Network (SPAN) was also a NUSL LSSC client in 2020-21 to continue the analysis of the complaint decisions. As a result, two letters raising concerns about the state complaint process were sent to OSEP.

We just learned that US DOE is investigating the MA DESE state complaint process in the following areas:

• Oversight of private out-of-district day and residential schools

• PRS process – time and substance – more than just procedural.

• Child Find MA DESE has 60 days to respond.

  You can read the letter from OSEP to MA DESE at the button below.

We maintain optimism that OSEP will identify deficiencies and mandate significant alterations to promote educational equity and justice.