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Teresita Ramos v. Braintree, Town of - Public Schools (SPR 20160282)
Massachusetts Public Records Appeal · Public records appeal decision · Filed 04-26-2016
ClosedAppealDecision
SPR 20160282 is a Massachusetts Public Records Law appeal filed by Teresita Ramos concerning records held by Braintree, Town of - Public Schools, opened 04-26-2016. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Public records appeal decision.
Case Details
- Case Number
- 20160282
- Case Type
- Appeal
- Case Subtype
- Initial
- Status
- Closed
- Requester
- Teresita Ramos
- Custodian
- Braintree, Town of - Public Schools
- Date Opened
- 04-26-2016
- Date Closed
- 05-19-2016
PDF Document
Extracted Text (searchable & copyable)
The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 19,2016 SPR16/282 Ms. Caitlin E. Leach, Esq. Murphy, Lamere & Murphy, P.C. Legal Counsel for the Braintree Public Schools 50 Braintree Hill Office Park, Suite 202 Braintree, MA 02184-8807 Dear Attorney Leach: I have received the petition of Tere Ramos, Esq. on behalf of her clients, the parents of a school-aged child, appealing the response of the Town of Braintree-Public Schools (Schools) to a request for records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Attorney Ramos requested a copy of a student record file on behalf of her clients. The Schools provided a written estimate for the cost of providing a copy of the student record file at a per page cost of ten ($.10) per page under 603 C.M.R. 32.00. Attorney Ramos appealed the cost of copies, asking this office to inform the Schools that it may only charge five ($.05) cents per page. You explained to Attorney Ramos in your March 24 and April 26, 2016 letters that the requested records are not public records, but instead are student records which are restricted by the Massachusetts General Laws and can only be accessed by a parent of a student or the student him/herself. The controlling statute that governs access and copies of student records is G. L. c. 71 and the Code of Massachusetts Regulations 603 C.M.R. 23.00. Student records fall under the authority and control of the Department of Elementary and Secondary Education. Whereas, the records are not public records, the applicable fees under the Public Records Law Access Regulations do not apply to this particular request by Attorney Ramos. Accordingly, I find the Schools acted within its discre · in Il oviding the estimate. /.f~s, I cc: Tere Ramos, Esq. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre