Andrew McIsaac v. Department of Elementary and Secondary Education (SPR 20170444)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 14, 2017 SPR17/444 Helene Bettencourt Chief of Staff Department of Elementary and Secondary Education 75 Pleasant Street Malden, MA 021448 Dear Ms. Bettencourt: I have received the petition of Andrew Mclsaac appealing the response of the Department of Elementary and Secondary Education (Department) to a request for public records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(1). Specifically, Mr. Mclsaac requested "all high school equivalency transcripts created in February 2017." Previous appeal The requested records were the subject of a prior appeal. See SPRl 7/ 308 Determination of the Supervisor of Records (March 17, 2017). Following the March 1J 1h determination, the Department provided a supplemental response to Mr. Mclsaac on March 30, 2017 in which the Department provides a link to a website and explains its position regarding the applicability of Exemption (a) of the Public Records Law. See G. L. c. 4, § 7(26)(a). Mr. Mclsaac objects to this response and this appeal (SPRl 7 / 444) was opened. The Department's April Ji" response In an April 14th correspondence with this office, the Department explains that while it permits the awarding of equivalency credentials to students who pass the Hi-Set or GED exams, the Department has no role in the "development of the test, administration of the test, and communication about results." The Department further clarifies that no Department employees make or receive any records related to the process of acquiring a high school equivalency credential. Consequently, the Department confirms it possesses no such responsive records. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Helene Bettencourt SPR17/444 Page 2 April 14, 2016 Under the Public Records Law, the Department is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d); 32 Op. Atty Gen. 157, 165 (May 18, 1977). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii). As the Department does not possess records responsive to this request, and there is no duty to create such records, I will consider this appeal closed. If Mr. Mclsaac is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 1 O(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, ~ u r r ~ Supervisor of Records cc: Andrew Mclsaac