Sky Kochenour v. Department of Elementary and Secondary Education (SPR 20221505)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 14, 2022 SPR22/1505 Helene Bettencourt Records Access Officer Department of Elementary and Secondary Education 75 Pleasant Street Malden, MA 02148 Dear Ms. Bettencourt: I have received the petition of Attorney Sky Kochenour appealing the nonresponse of the Department of Elementary and Secondary Education (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 7, 2022, Attorney Kochenour requested the following records dated between September 1, 2020 and June 7, 2022: 1. All data, documents, information and correspondence in any written form received or sent by… [Department Staff] from or to [a named individual]. Requested records include but are not limited to any data Department Staff provided [a named individual] in… conducting simulations concerning student admission to CVTE schools and programs and any and all such simulations (e.g., draft, preliminary, follow-up, final, etc.) including any appendices, attachments, cover memos, and other ancillary material [a named individual] thereafter provided to Department Staff. 2. All data, documents, information and correspondence in any written form concerning simulations run by [a named individual] received or sent by Department Staff from or to individual schools, local school districts, or regional school districts. 3. All data, documents, information and correspondence in any written form concerning simulations run by [a named individual] received or sent by Department Staff from or to Board of Elementary and Secondary Education members, Department personnel, or other offices or employees of the executive branch not within the Department. Claiming to not yet have received responsive records, Attorney Kochenour petitioned this office and this appeal, SPR22/1505, 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

Helene Bettencourt SPR22/1505 Page 2 July 14, 2022 Despite being notified of the opening of this appeal, it remains unclear whether the Department has provided a response. Accordingly, the Department is ordered to provide Attorney Kochenour with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Attorney Kochenour may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Attorney Sky Kochenour