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Peter F. Carr II v. Weymouth, Town of - Public Schools (SPR 20180918)

Massachusetts Public Records Appeal · Appeal closed · Filed 06-20-2018

ClosedAppealResolved

SPR 20180918 is a Massachusetts Public Records Law appeal filed by Peter F. Carr II concerning records held by Weymouth, Town of - Public Schools, opened 06-20-2018. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Appeal closed.

Case Details

Case Number
20180918
Case Type
Appeal
Case Subtype
Initial
Status
Closed
Requester
Peter F. Carr II
Custodian
Weymouth, Town of - Public Schools
Date Opened
06-20-2018
Date Closed
07-05-2018
Date Request Submitted
09-13-2017
Processing Fees Charged
0.00
Petitions Regarding Fees
No
Time to Comply
(7-4-18)
Went to Court
No

PDF Document

Extracted Text (searchable & copyable)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supevviso~of Records July 5,2018 SPR181918 Nancy Nevils, Esq. Stoneman, Chandler & Miller LLP 99 High Street Boston, MA 021 10 Dear Attorney Nevils: I have received the petition of Peter Carr, Esq. appealing the response of Weymouth Public Schools (School) to a request for public records. G. L. c. 66, 9 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Teixeira requested "[slettlement agreements entered into by your School District with parents and guardians, from January 1,2011 through today, relative to the provision of special education services andlor educational placement(s) for students with disabilities, redacted of all personally identifiable information." The School initially provided a response dated September 25,2017 in which it provided responsive records with portions redacted under Exemptions (a) and (c) of the Public Records Law. G. L. c. 4, 5 7(26)(a), (c). Previous appeals This request was the subject of previous appeals. See SPR1711671 Determination of the Supervisor of Records (December 18,2017); SPR181276 Determination of the Supervisor of Records (March 14,201 8; April 19,2018 ). In my April 19 thd etermination I found that upon in camera review of the responsive records, the School had not met its burden to withhold all the information described by Attorney Carr. I ordered the School to provide Attorney Carr responsive records in a manner consistent with the order, the Public Records Law and its Regulations. The School responded in a letter dated May 7,20 18 by providing less-redacted versions responsive records. Attorney Carr appealed on June 20,201 8 and this appeal (SPR181918) was opened as a result. Current appeal In his appeal petition Attorney Carr objects to the redaction of educational placement information. - 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

Nancy Nevils, Esq. Page 2 July 5,2018 Subsequent to the opening of this appeal, the School provided a response on July 4,2018 in which it explains it provided educational placement information in responsive agreements numbered 7 through 9. With respect to the redaction of placement information in agreements numbered 1 through 4, the School asserts it did so because it "had so few students attending those specific out-of-district schools in those agreements." The School also provides additional information regarding the applicability of Champa v. Weston Pub. Sch., 473 Mass. 86 (2015) and People for the Ethical Treatment of Animals (PETA) v. Dep't of Agric. Res., 477 Mass. 280 (2017). In an email dated July 5,2018 Attorney Carr indicates he continues to object to the redaction of out of district educational placements within the remaining settlement agreements. It is my determination that in light of the July 4" response from the School and the July 5thc orrespondence from Attorney Carr, this appeal is closed. The issues raised in Attorney Car? s July 5thc orrespondence will be addressed in a subsequent appeal (SPR181986). Sincerely, Rebecca S. Murray Supervisor of Records cc: Peter F. Carr, II., Esq.