Collin Binkley v. Department of Elementary and Secondary Education (SPR 20171676)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords December 19, 2017 SPR17/1676 Jacqueline Reis Records Access Officer Department of Elementary and Secondary Education 7 5 Pleasant Street Malden, MA 02148 Dear Ms. Reis: I have received the petition of Collin Binkley appealing the response of the Department of Elementary and Secondary Education (DESE) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). On September 8, 2017, Mr. Binkley requested," ... [a]n electronic copy of all 2016-17 restraint data that school districts provided to the department ... " After a series of email correspondence, DESE provided Mr. Binkley with records on December 1, 2017. Mr. Binkley contends that the records provided were not those that were responsive to his request, and DESE's December 1st response is the subject of this appeal. Previous Appeal This appeal is the subject of a previous appeal and determination. See SPRl 7/1635 Determinations of the Supervisor of Records (November 30, 2017). I closed SPRl 7/1635 with the proviso that DESE provides Mr. Binkley with a response in a manner consistent with the order, the Public Records Law, and its Regulations Subsequent to the intervention by a member of the Public Records Division staff, this office was notified that a supplemental response would be provided without delay. This supplemental response will include an explanation of applicable exemptions to the records withheld from disclosure. Whereas this matter was opened based upon the DESE' s failure to provide a written response, I will now consider this administrative appeal closed with the proviso that Mr. Binkley receives a response to his request. Mr. Binkley may appeal the substantive nature ofDESE's response within ninety (90) days. See 950 C.M.R. 32.08(1). 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

Jacqueline Reis SPRl 7/1676 Page 2 December 19, 2017 Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Collin Binkley