Jonathan Reuter v. Weston, Town of - Public Schools (SPR 20221243)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 9, 2022 SPR22/1243 Sheri L. Matthews Assistant Superintendent for Finance and Operations Town of Weston Public Schools 89 Wellesley Street Weston, MA 02493 Dear Ms. Matthews: I have received the petition of Dr. Jonathan Reuter, Associate Professor of Finance at Boston College and the National Bureau of Economic Research, appealing the response of the Town of Weston 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 21, 2022, Dr. Reuter requested: “…data on the total number of students who receive an A+, A, A-, B+, B, B-, C+, C, C-, D+, D, D-, or F at the end of the academic year for each Advanced Placement (AP) course offered by your [School] in 2016-2017, 2017-2018, and 2018-2019. I am also requesting the total number of students who were initially enrolled in the AP course but who withdrew before receiving a grade at the end of the academic year. [In addition], I am requesting that data be pooled across sections and academic years. For example, if there are three sections of AP US History offered in 2016-2017, two sections offered in 2017-2018, and two sections offered in 2018-2019, I am requesting that the ‘s number of letter grades and withdrawals be summed across these seven sections. If your [School] has multiple high schools, I am requesting (but not requiring) that the number of letter grades and withdrawals be summed across the two schools.” In his February 21st request, Dr. Reuter gave the School an example of what he seeks to receive from the School, as illustrated in a spreadsheet format he provided. On February 28th, the School provided a response, indicating, “[w]e do not currently have any documentation with the breakdown that you are requesting.” The School provided a link to information available on the Department of Education’s website showing the Advanced Placement Performance and Advanced Placement Participation over many years and by subject 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

Sheri L. Matthews SPR22/1243 Page 2 June 9, 2022 matter. Additionally, the School responded, “we do not have any written documentation breaking down the letter grades, by student, or the withdrawal information.” Further communications between the parties On April 14th, Dr. Reuter emailed the School seeking clarification on what data other than written documents the School possesses. Dr. Reuter also provided the School with various ways that other school districts responded to the same request. On April 29th, the School informed Dr. Reuter, “[Ms. Matthews] had forwarded your request to the proper departments and were told that we do not have any ready documentation breaking down the information you requested.” As a result of the School’s April 29th email, Dr. Reuter asserted in his May 24th email, “…it would seem to be at odds with the fact that ten other Massachusetts school districts provided me with the requested data.” Dr. Reuter asks for clarity on what data the School may have in its possession as opposed to existing written documents. Unsatisfied with the School’s responses, Dr. Reuter petitioned the Supervisor of Records (Supervisor), and this appeal was opened. 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 town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). While the School has responded it does not have written documentation responsive to Dr. Reuter’s request, it is unclear whether the School has any of the requested data in any format that is responsive to the entire request, or to a partial portion of the request in its possession, custody, or control. The School must clarify what data, information, or records in electronic or paper format it has in its possession. Conclusion Accordingly, the School is ordered to provide Dr. Reuter with a response to the request, 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.

Sheri L. Matthews SPR22/1243 Page 3 June 9, 2022 Sincerely, Rebecca S. Murray Supervisor of Records cc: Dr. Jonathan Reuter, Associate Professor of Finance, Boston College