MuckRock News v. Boston Preparatory Charter Public School (SPR 20180284)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 12,201 8 SPR181284 Graham VanderZanden Associate Records Access Officer Boston Prep Charter Public School 885 River Street Hyde Park, MA 02 136 Dear Mr. VanderZanden: I have received your petition on behalf of the Boston Prep Charter Public School (School) seeking an extension of time to furnish copies of requested records. G. L. c. 66, § 10(c); see also 950 C.M.R. 32.06(4). As required by law, the School furnished a copy of this petition to the requestor. G. L. c. 66, 8 10(c). Specifically, on February 14,2018, MuckRock News requested: "1. Copies of all communication, including email, between your organization and Families for Excellent Schools, a/k/a Families for Excellent Schools Advocacy, or any agent thereof, inclusive of all attachments and memoranda. For purposes of manageability, you may limit this request to only those communications from the previous 24 months. 2. Copies of all communication, including email, between your organization and Massachusetts Charter Public School Association, or any agent thereof, inclusive of all attachments and memoranda. For purposes of manageability, you may limit this request to only those communications from the previous 24 months. 3. Copies of any contracts between your organization and Families for Excellent Schools, Inc., and/or Families for Excellent Schools Advocacy, Inc., if applicable. 4. Copies of any contracts between your organization and Massachusetts Charter Public School Association, if applicable. 5. Copies of any policies relating to the transmission of student records to a third party, promulgated since 20 12, including revisions. 6. Copies of any school policies relating specifically to the disclosure of student "directory information" to third parties promulgated since 20 12, including revisions. 7. Copies of any parental notifications regarding transmission of student information to Families for Excellent Schools, Inc., and/or Families for Excellent School Advocacy, Inc., if applicable. 8. Copies of any parental notifications regarding transmission of student information to Massachusetts Charter Public School Association if applicable. 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

Graham VanderZanden Page 2 March 12,201 8 9. Documentation of any payments made to Families for Excellent Schools, Inc. and/or Families for Excellent Schools Advocacy Inc. in the previous two years, if applicable. 10. Documentation of any payments made to Massachusetts Charter Public School Association in the previous two years, if applicable." Petitions for an extension of time Under the Public Records Law, upon a showing of good cause, the Supervisor of Records (Supervisor) may grant a single extension to an agency not to exceed 20 business days and a single extension to a municipality not to exceed 30 business days. In determining whether there has been a showing of good cause, the Supervisor shall consider, but shall not be limited to considering: (i) the need to search for, collect, segregate or examine records; (ii) the scope of redaction required to prevent unlawful disclosure; (iii) the capacity or the normal business hours of operation of the agency or municipality to produce the request without the extension; (iv) efforts undertaken by the agency or municipality in fulfilling the current request and previous requests; (v) whether the request, either individually or as part of a series of requests from the same requestor, is frivolous or intended to harass or intimidate the agency or municipality; and (vi) the public interest served by expeditious disclosure. If the Supervisor determines that the request is part of a series of contemporaneous requests that are frivolous or designed to intimidate or harass, and the requests are not intended for the broad dissemination of information to the public about actual or alleged government activity, the Supervisor may grant a longer extension or relieve the agency or municipality of its Id. obligation to provide copies of the records sought. The filing of a petition does not affect the requirement that a Records Access Officer (RAO) shall provide an initial response to a requester within ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4)(b). Current petition In the petition, you indicate the School "respectfully requests an extension to respond to requests 1 and 2 until March 20,201 8." The School indicates "the compilation and review of these records, in particular requests 1 and 2, is expected to be onerous." The School explains "in order to access the records responsive to items 1 and 2" it "requires a comprehensive search of the email accounts of all Boston Prep employees during the requested period (November 10, 20 13-November 9,20 15). Moreover, the records requested in item 2 are quite extensive, because

Graham VanderZanden Page 3 March 12,201 8 a significant number of Boston Prep staff and faculty participate in professional development and other services provided by Massachusetts Charter Public School Association." The School further explains "the IT support staff member capable of conducting such search is integrally involved in regular school operations, and has limited availability to perform this search without affecting the education offered by Boston Prep." The School also indicates "Boston Prep was closed unexpectedly from Thursday, February 2otht hrough and including Thursday, February 22ndd ue to hazardous conditions that unexpectedly arose during ongoing construction." After submitting the petition to this office, the School provided a response to MuckRock3sr equest on March 6thp roviding a fee estimate, as well as the ability for MuckRock to modify the scope of the request. Under the updated Public Records Law and Access Regulations, an agency or municipality must provide a written response to the requester within ten business days. G. L. c. 66, 5 10(b); 950 CMR 36.06(2)(a)-(b). This written response may "suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency or municipality to produce records sought more efficiently and affordably." G. L. c. 66, 5 1O (b)(vii). The School provided this suggestion in its March 6thi temized fee estimate. I understand a Public Records Division staff member contacted you and you indicated that MuckRock has not yet responded to the fee estimate. Conclusion Accordingly, I find that in light of the School's March 6thf ee estimate, as well as communications with this office, it is unnecessary to opine on the School's petition for an extension of time. See G. L. c. 66, 5 lO(b)(vii); see also G. L. c. 66, 5 10(a)(i). Upon receiving payment or modification scope by MuckRock, the School must provide the records in a manner consistent with the Public Records Law and its Regulations. If after hearing from MuckRock regarding a clarification the School still requires an extension of time to comply with the request or a waiver of the statutory limits on fees, the School may file a subsequent petition. See G. L. c. 66, 5 10(c); 950 CMR 32.06(4)(g). MuckRock may appeal the substantive nature of the School's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: MuckRock News