Jeanne Teichert v. Andover, Town of - Public Schools (SPR 20170970)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords July 31, 2017 SPR17/970 Paul P. Szymanski Assistant Superintendent Town of Andover Public Schools 36R Bartlet Street Andover, MA 01810 Dear Mr. Szymanski: I have received the petition of Jeanne Teichert appealing the response of the Town of Andover Public Schools (School) to a request for public records. G. L. c. 66 § 1O A; see also 950 C.M.R. 32.08(1 ). Specifically, Ms. Teichert requested from the Director of Student Services a copy of all records concerning her three children, including all emails on all computer servers used by the School with her name, her husband's name, the family surname, and/or the names of their three children referenced or referred to in the emails. The School provided certain records pertaining to Ms. Teichert's children. Previous appeal This requestwas the subject of a previous appeal. See SPR17/802 Determination ofthe Supervisor of Records (June 28, 2017). I closed SPR17/802 by ordering the School to provide Ms. Teichert with a response to support its claim that the requested records are not education records subject to review and inspection by Ms. Teichert, in a manner consistent with the order, the Public Records Law and its Regulations. The School responded on July 13, 2017. Ms. Teichert appealed and SPR17/ 970 was opened as a result. Current appeal In the School's July 13th response you claim not all responsive records are "student records" because they do not all "concern or directly relate to your children." As a result, the School provides a fee estimate under the Public Records Law for the provision of the remaining responsive records. In her appeal petition, Ms. Teichert objects to the School's interpretation of "student records." She indicates "[p] arentshave a legal right of access to every communication between 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

Paul Szymanski SPR17/970 Page 2 July 31, 2017 staff which refers to them or their family." Ms. Teichert asserts "I would like to inform you also that on 7/3/17 I filed a complaint with the Department of Elementary and Secondary Education, which is pending, related to noncompliance of Andover Public Schools in providing me with access to my student records." Whereas an interpretation of whether the responsive records constitute "student records" directly impacts the School's ability to assess fees under the Public Records Law, I will consider this appeal closed pending the Department of Elementary and Secondary Education's (DESE) review. See 950 CMR 32.08(2)(b). If appropriate, I will opine on this matter upon completion of DESE's review. I understand a Public Records Division staff attorney contacted DESE about this matter. Sincerely, Rebecca S. Murray Supervisor of Records cc: Jeanne Teichert