Michael DiPronio v. White Oak School (SPR 20212407)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 28, 2021 SPR21/2407 David Drake Executive Director White Oak School 533 North Road Westfield, MA 01085 Dear Director Drake: I have received the petition of Michael DiPronio appealing the response of the White Oak School (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 8, 2021, Mr. DiPronio requested “… copies of the school’s records required in order to meet 603 C.M.R. 28.09(6).” Previous appeal The requested records were the subject of a previous appeal. See SPR21/2148 Determination of the Supervisor of Records (August 31, 2021). The School responded on September 3, 2021. Unsatisfied with the response, Mr. DiPronio petitioned this office and this appeal, SPR21/2407, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any School of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(d)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). 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

David Drake SPR21/2407 Page 2 September 28, 2021 The School’s September 3rd response In its September 3rd response, the School asserted, “White Oak School will not provide you with any documents as 950 CMR 32.00 does not apply to private non-profit organizations.” Upon review of the Massachusetts Department of Education website for Schools and District profiles, it is noted that White Oak School located in Westfield, Massachusetts is listed in a 2020-21 Report as a Non-Public School. Accordingly, the records requested are not subject to the requirements of the Public Records Law. Consequently, this administrative appeal is closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Michael DiPronio Janine Brown-Smith, Esq.