Jordan Orcutt v. Quabbin Regional School District (SPR 20213038)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 30, 2021 SPR21/3038 Dr. Sheila Muir Quabbin Regional School District 872 South Street Barre, MA 01005 Dear Dr. Muir: I have received the petition of Jordan Orcutt appealing the response of the Quabbin Regional School District (District) to two requests for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 27, 2021, Ms. Orcutt made the following two requests: 1. A comprehensive list/narrative outline of all the benefits of children wearing masks/face coverings in school or for extended periods of time regarding contracting/spreading the common cold, flu, and covid-19 coronavirus as supported by peer reviewed scientific data/evidence, empirical studies, and scientific reviews. 2. A comprehensive list/narrative/outline of all the risks, suspected risks, negative side effects, adverse effects, and unwanted consequences of children wearing masks/face coverings in school or for extended periods of time including but not limited to social development, emotional/behavioral development, disruption to learning, academic progress, physiological response, and psychological and possible psychological implications that are supported by scientific data/evidence, empirical studies, peer reviewed journals/articles. Previous Appeals This request was the subject of previous appeals. See SPR21/3025 & SPR21/3026 Supervisor of Records Determination (November 16, 2021). In my November 16th determination, I closed SPR21/3025 and SPR21/3026 in light of the response provided by the District on November 8, 2021. Unsatisfied with the District’s response, Ms. Orcutt appealed, and this case was opened as a result. 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

Dr. Sheila Muir SPR21/3038 Page 2 November 30, 2021 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 agency or municipality 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(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Att’y for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. Current Appeal In her appeal petition, Ms. Orcutt argues the following: While the district did provide links to the CDC web site that reports mask wearing guidelines and policies, none of the links provided any data that corresponded to the request, specifically the risks of the mask-mandate on children in school, their social, emotional, and behavioral development as well as its disruption to learning. That was specifically what was requested, and what specifically was NOT provided. While links to the CDC web site may address very little of the data [she] requested, [she is] specifically asking for scientific journal articles that address what [she is] asking for and that includes: SOCIAL DEVELOPMENT/FUNCTIONING, EMOTIONAL DEVELOPMENT/ FUNCTIONING, BEHAVIORAL DEVELOPMENT/ FUNCTIONING, in addition to masks correspondence to the DISRUPTION OF LEARNING, PSYCHOLOGICAL IMPLICATIONS OF MASK WEARING BOTH SHORT AND LONG TERM. These studies exist and [she has] seen them, and [she is] asking for [her] district to acknowledge them and submit them AS THEY ARE THE RECORDS THAT [SHE] REQUESTED AND HAVE NOT BEEN PROVIDED. This data is critical in decision making regarding the masking policy. The District’s November 8th Response In its November 8, 2021 response, the District stated that “the District does not have public records in its possession, custody or control that are responsive to these requests.” The District went on to provide Ms. Jordan with links to websites from the Centers for Disease Control, Massachusetts Department of Public Health, and the American Academy of Pediatrics which provide information on the public health response to COVID-19.

Dr. Sheila Muir SPR21/3038 Page 3 November 30, 2021 The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Additionally, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). Conclusion Where the District confirmed that it does not possess records responsive to Ms. Orcutt’s request, I will now consider this administrative appeal closed. If Ms. Orcutt is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, ·'' . I . . - ~ - . Rebecca S. Murray Supervisor of Records cc: Jordan Orcutt