Marion J. King v. Benjamin Banneker Charter School (SPR 20220732)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 6, 2022 SPR22/0732 MaryLynn Peters-Chu Business & Operations Manager Benjamin Banneker Charter School 21 Notre Dame Avenue Cambridge, MA 02140 Dear Ms. Peters-Chu: I have received the petition of Marion J. King appealing the response of the Benjamin Banneker Charter School (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 25, 2022, Ms. King requested: “…Massachusetts Department of Elementary and Secondary Education (DESE) Letter(s) of Closure for complaints PRS 5821 and 6047, redacted of any confidential information please provide DESE initial Letter of Closure, any records of contact between Banneker and DESE re these two [L]etters of [C]losure including but not limited to emails and documents exchanged, and the subsequent revised letters of closure.” The School previously provided the Letters of Closure to Ms. King on March 18, 2022. Subsequent to the opening of this appeal, the School provided Ms. King with the responsive emails exchanged between the School and DESE regarding the PRS 5821 and PRS 6047 Letters of Closure. In addition, you informed this office that the only Letters of Closure for PRS 5821 and PRS 6047 in the School’s possession were the records provided to Ms. King on March 18th. 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). Conclusion Accordingly, where the School confirmed it provided all of the responsive records, I will consider this administrative appeal closed. 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

MaryLynn Peters-Chu SPR22/0732 Page 2 April 6, 2022 Sincerely, Rebecca S. Murray Supervisor of Records cc: Marion J. King, SPEDWatch, Inc.