Duxbury SEPAC v. Duxbury, Town of - Public Schools (SPR 20220542)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 18, 2022 SPR22/0542 Peter Sumners, Esq. Murphy, Lamere & Murphy, P.C. 50 Braintree Hill Office Park, Suite 202 Braintree, MA 02184-8807 Dear Attorney Sumners: I have received the petition of the Duxbury SEPAC (DSEPAC) appealing the response of the Duxbury Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 15, 2022, the DSEPAC requested: 1. The Program descriptions in the District. We are requesting the Language Based Learning Classrooms (all schools: LB I: Grades 3-5, LB II: Grades 6-8, and LB III 9- 12), Partnership Program (K-2, 3-5,6-8, 9-12), ASD classroom (K-2), ASD/Life Skills (3-5, Transitions/Life Skills 6-8, 9-12). 2. Descriptions of: Student profile, entrance and exit criterion /admissions, and structure for the Language Based Learning Classrooms (all schools). 3. All certifications and trainings of all teachers in evidence-based reading and writing instruction who deliver reading and writing instruction / intervention in our District. This list is inclusive of, but not limited to, all SPED Teachers, appropriate grade level general education classroom teachers, reading specialists, and any IA/PARA/ESP who may deliver instruction to students in the literacy realm. 4. The listing of teachers who are delivering these specific interventions indicate (1) if the teacher/specialist attended training and/or if completed certification and (2) the level of this training or certification. 5. Please indicate the body of certification noted for OG certification due to multiple bodies of accreditation. 6. List of all Methodologies / reading intervention programs available and used in the District by grade for Literacy - Reading and Writing - and also used in the Language Based Learning Classroom (for all grades/by school). 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

Peter Sumners, Esq. SPR22/0542 Page 2 March 18, 2022 7. All progress monitoring tools / documentation used in the District and LBLCs (all schools) as well as corresponding pdf's for normative /cut score / ORF data. 8. A PDF copy of the current Special Education Program Plan Statement. 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. Attorney 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 an email dated March 1, 2022, the School provided a response. Unsatisfied with this response, the DSEPAC petitioned this office, and this appeal, SPR22/0542, was opened as a result. In its letter dated March 5, 2022, the DSEPAC states, “[w]hile the response was timely and some documents were produced, the response did not provide all of the records requested and the [School] did not advise whether such records were even in existence or in the possession, custody, or control of the [School]. To the extent that the [School] withheld any documents/records that were requested, the [School] did not identify any records or categories of records that they intended to withhold and they did not provide specific exemptions upon which the withholding of the record was based upon. Specifically, they did not provide documents for (1), (2), (3), (4), (5), (6), and only a few for (7). Lastly, the [School] did not include in their response a statement informing us, as the requestor, of our rights on appeal to file this appeal with the Supervisor or to seek judicial review in Superior Court.” In response to the DSEPAC March 5th letter, the School states, “I am emailing to let you know I will be providing a supplemental response in this matter... I hope to send that over the next couple days.”

Peter Sumners, Esq. SPR22/0542 Page 3 March 18, 2022 Conclusion Accordingly, the School is ordered to provide the DSEPAC with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within 10 business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, ,uJ!JW;(J. ·-- o .rJA~~~- ~ Rebecca S. Murray Supervisor of Records cc: Duxbury SEPAC Anthony Keady