Andrew Beckwith v. Sutton, Town of - Public Schools (SPR 20200642)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 17, 2020 SPR20/0642 Theodore F. Friend, Superintendent of Schools Records Access Officer Sutton Public Schools 16 Putnam Hill Road Sutton, MA 01590 Dear Superintendent Friend: I have received your petition on behalf of the Sutton Public Schools (School) seeking an extension of time to furnish copies of a requested record, or any portion thereof. 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. Specifically, on March 16, 2020, Attorney Andrew Beckwith, of Massachusetts Family Institute, requested the following records: 1. “The title, edition, and publisher for all books, videos, pamphlets, web-based materials, or other curricula involving human sexual education or human sexuality issues implemented or maintained in your district; 2. The grade or grades for which the above referenced materials are implemented or maintained; 3. Policy documents addressing the ability of transgender and gender nonconforming students to: a. use single-sex facilities at school consistent with their gender identity; b. participate in school athletic activities and sports teams consistent with their gender identity; c. be referred to by their preferred name and pronouns; 4. The names of all individuals and organizations, other than district employees, who have made presentations involving the subjects of sex, sexuality, or bullying to students at the school from August 2017 to present.” 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

Superintendent Theodore F. Friend SPR20/0642 Page 2 April 17, 2020 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. G. L. c. 66 § 10(c). The filing of a petition does not affect the requirement that a Records Access Officer (RAO) shall provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4)(b). Please note, a business day does not include a weekday where a custodian’s office is unexpectedly closed. 950 C.M.R. 32.02. Current petition In its April 9, 2020 petition, the School requests “an extension of time for the District’s further response to the Massachusetts Family Institute’s (‘requestor’) March 16, 2020 public records request.” The School explains “[d]ue to the ongoing COVID-19 pandemic, and because the District does not have the capability to access responsive records remotely, the District hereby requests an extension of time to respond further to the requestor, until ten (10) business days after school closure orders and/or extensions have expired and/or been lifted in the Commonwealth.” Further stating that the “actual date is likely still to be determined, and at the earliest, would be May 4, 2020 under Governor Baker’s current/extended school closure order as of this writing.” In support of its request for an extension of time, the School explains that in relation to the COVID-19 emergency “[s]chool buildings statewide have been ordered closed since March 16, 2020, the date of the subject request, and District staff members are heeding the Governor’s stay at-home advisory (in effect through May 4, 2020 as of this writing). Because responsive

Superintendent Theodore F. Friend SPR20/0642 Page 3 April 17, 2020 records cannot be accessed remotely, under these circumstances District staff cannot access the requested records at this time, and will be unable to access such records until public schools in the Commonwealth reopen for school business and staff returns. Requiring District staff to do so prior to that to be determined date would be unsafe during this global public health emergency.” Please be aware, the Supervisor’s authority to grant an extension to a municipality is limited to a single extension not to exceed 30 days. G. L. c. 66 § 10(c). I find that in light of the capacity of the School to produce the request without the extension, the School has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(ii). I hereby grant the School an extension of 30 business days beyond the time allowed in G. L. c. 66, § 10(b)(vi). Conclusion For the reasons discussed above, the School is granted an extension of 30 business days to produce responsive records. The records must be provided consistent with the Public Records Law and its Access Regulations, as soon as practicable. Attorney Beckwith may appeal the substantive nature of the School’s response within ninety days. See 950 C.M.R. 32.08(1). Additionally, the Attorney Beckwith may seek judicial review of this decision by commencing a civil action in the superior court under G. L. c. 66, § 10A(c). Sincerely, Rebecca S. Murray Supervisor of Records cc: Andrew Beckwith, Esq.