Legislative audit: Decades of problems at Utah Schools for the Deaf and the Blind demand remedies

To best serve many of the state’s children managing disabilities, the Utah State Board of Education needs to boost its oversight of the Utah Schools for the Deaf and the Blind.

That was the conclusion reached in a USDB performance audit shared Tuesday with Utah’s Legislative Audit Subcommittee.

USDB serves students with disabilities and children across Utah who are deaf and/or blind. But in recent decades, the USDB has experienced problems with its physical facilities, finances and administration, according to the summary prepared by the Legislative Auditor General.

More supervision and attention of USDB, according to auditors, is essential to avoid repeating such issues moving forward.

“USDB’s strategic planning should recognize that its most important priorities are student growth and academic achievement,” the audit noted. “Over the last five years, USDB’s campus students have consistently achieved under 15% proficiency on standardized assessments.”

Operating across four campuses, the Utah Schools for the Deaf and the Blind serves “a small segment” of the state’s total student population with three rare and specialized disabilities: deaf/hard of hearing, blind/visually impaired and deafblind.

“Campuses provide an educational environment for deaf and blind children with more intensive needs than their home LEA can purportedly provide,” according to the audit.

While students may not achieve the same level of proficiency as their peers without disabilities, auditors told lawmakers that USDB can “implement best practices” to strengthen focus on academic success for its students.

Why are the legislature and the state education board focusing on USDB’s future?

Governance concerns at USDB have prompted action by both lawmakers and educators this year.

In January, the Utah State Board of Education established a standing committee to oversee the schools. Three months later, the Legislature and board of education prioritized audits of USDB and, in July, lawmakers adjusted USDB’s governance structure.

Unlike other local education agencies such as school districts and schools, the board of education governs USDB directly. Meanwhile, the Legislature directly funds much of USDB operations, including for facilities.

During this year’s legislative session, lawmakers passed House Bill 537 to address management and financial problems at USDB — and giving USBE increased oversight of USDB.

Auditors concluded that Utah State Board of Education has historically not “given enough time and attention” to USDB — resulting in recurring financial and management problems.

Such oversight shortcomings, according to auditors, have allowed USDB problems to continue for decades over multiple administrations — including financial problems including overspending, embezzlement and misreporting on financial statements.

For example, in 2016, the Utah State Auditor’s office found that USDB’s internal controls were inadequate to prevent a USDB staff member from embezzling school funds for four years.

And, in 2023, the board of education fixed USDB’s previous five years of financial reports, which reportedly had errors.

Despite the board’s and other sporadic state interventions over the years, USDB finances continue to have problems, according to auditors.

“Rather than provide adequate financial oversight, it appears that (USBE) has historically involved itself sufficiently only to address emergencies.”

Auditors also reported that USDB data was unreliable and inaccurate.

“Unreliable data reporting creates distrust and impacts USDB and its ability to operate,” their report noted.

“For example, the Legislature held back about $29 million previously appropriated for USDB facilities in part because of concerns about unreliable data. Furthermore, two Legislature-commissioned independent studies used USDB’s questionable data in an attempt to determine facility needs — casting doubt on their conclusions.”

USBE, added auditors, has not adequately prioritized policymaking at USDB.

“Our review of USDB policies found that (USBE) has approved few of USDB’s total policies,” the report noted. “Lacking state board involvement, USDB administrators have independently drafted and authorized 66% of USDB’s total policies. This level of oversight is concerning.

“As the governing body, USBE should set broad policy, and management should direct operations.”

In their report presented Tuesday, auditors recommended that USBE should adopt a centralized data management system for USDB. “This should ensure greater data reliability and better decision making at the USDB.”

It’s up to the Legislature to decide whether to further change USDB’s governance structure.

But if so, lawmakers should ensure the new structure “optimizes for proper time, attention and expertise to avoid repeating decades of mismanagement,” according to the report.

Auditors: Boost USDB educational achievement by leveraging ‘best practices’

In their Tuesday presentation to lawmakers, auditors asserted that USDB should “focus more firmly on student learning and academic achievement” by implementing “best practices.”

USDB’s current assessment and monitoring practices also need to improve. Auditors acknowledged that testing for USDB students is problematic because of their unique needs — and it’s difficult to compare results to other students.

“Subsequently, over the last five years, USDB’s campus students have consistently performed under 15% proficiency on standardized assessments,” according to the audit.

“USDB assessment strategies should use benchmarks effectively, so that stakeholders understand how well students are performing in comparison to peer students.”

Auditors recommended implementing “best practices” that include educational benefit reviews to better monitor academic improvement.

USDB, they added, should identify benchmarks and report relevant comparisons in its annual report to best support policymaking and strategic planning.

Responding to auditors’ call to action at USDB

In a written response to Tuesday’s legislative audit, recently appointed Utah School Board of Education Superintendent Molly Hart accepted the recommendations directed to the board and school leaders.

Hart noted that USBE’s internal audit team has conducted its own review of operations — adding that the board is already taking steps to fortify governance of USDB while also developing a USDB data management system “to improve data reliability and decision making.”

Meanwhile, board of education is implementing planning strategies and academic benchmarks and formalizing a process to “ensure a consistent focus on student outcomes,” wrote Hart.

During Tuesday’s Legislative Audit Subcommittee meeting, Sen. Luz Escamilla, D-Salt Lake City, said she and her fellow lawmakers need clear direction from the board of ecucation leadership in the future to best serve the needs of the Utah Schools for the Deaf and the Blind community.

“We need to know, as legislators, what is it that needs to happen so families feel that they’re getting served and that their children are getting services,” said Escamilla.