Gerry Mroz v. Department of Elementary and Secondary Education (SPR 20221529)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 12, 2022 SPR22/1529 Helene Bettencourt Record Access Officer Office of the Commissioner Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street Malden, MA 02148 Dear Ms. Bettencourt: On July 1, 2022, this office received your petition on behalf of the Department of Elementary and Secondary Education (Department) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the Department furnished a copy of this petition to the requestor. Id. In a letter dated June 17, 2022, Gerry Mroz requested the following: -P001964-061722: all communications (email or otherwise), records and documents submitted (shared, or made available on virtual electronic drives) between the Department of Elementary and Secondary Education, or anyone in its employ, and the Center for Talent Development at Northwestern University (CTD) or individuals working with CTD, starting from December 9, 2021 and continuing through June 17, 2022. -P001965-061722: the 2022 report from the Gifted and Talented Education Advisory Council to the Commissioner and Board of Elementary and Secondary Education. -P001966-061722: information on the Biggest Winner Math Challenge including enrollment by community, grade-levels, services provided to students, dates services were provided, number of teachers, teacher/student ratio, established goals, along with the demonstrated outcomes of the program. -P001967-061722: a breakdown of the specific services provided by Ed Inquiry, LLC, for which the Department paid $2,418,537.84 in 2020, 2021, and 2022. -P001968-061722: all communications between anyone at DESE and the Malden Public Schools and related documents regarding services or programs relating to gifted and 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 SPR22/1529 Page 2 July 12, 2022 talented students, academic acceleration, enrichment, or relating to the AEAP program of the Malden Public Schools between July 1, 2021 and June 17, 2022. Petition for an Extension of Time Under the Public Records Law, upon a showing of good cause, the Supervisor of Records (Supervisor) may grant a single extension to an agency not to exceed 20 business days and a single extension to a municipality not to exceed 30 business days. In determining whether there has been a showing of good cause, the Supervisor shall consider, but shall not be limited to considering: (i) the need to search for, collect, segregate or examine records; (ii) the scope of redaction required to prevent unlawful disclosure; (iii) the capacity or the normal business hours of operation of the agency or municipality to produce the request without the extension; (iv) efforts undertaken by the agency or municipality in fulfilling the current request and previous requests; (v) whether the request, either individually or as part of a series of requests from the same requestor, is frivolous or intended to harass or intimidate the agency or municipality; and (vi) the public interest served by expeditious disclosure. G. L. c. 66, § 10(c). If the Supervisor determines that the request is part of a series of contemporaneous requests that are frivolous or designed to intimidate or harass, and the requests are not intended for the broad dissemination of information to the public about actual or alleged government activity, the Supervisor may grant a longer extension or relieve the agency or municipality of its obligation to provide copies of the records sought. Id. - The filing of a petition does not affect the requirement that a Records Access Officer (RAO) must provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4)(b). Current Petition In its July 1st petition, the Department request “…an extension of up to 20 business days in which to respond to the public records requests.” The Department states the following: First, irrespective of the size and scope of the requests, the Department notes that the phrasing of certain requests listed above do not immediately describe public records possessed by the Department. For example, to the degree Mr. Mroz requests “information” in P001966, a “breakdown” in P001967, and communications “related to services or programs relating to gifted and talented students” in P001968, the requests fail to identify specific records that Department staff can identify and locate promptly. ..

Helene Bettencourt SPR22/1529 Page 3 July 12, 2022 Second, the scope of the requests is relatively large and will conservatively consist of several hundreds of pages of records. Further, responsive records are likely possessed by several different program units that do not typically coordinate and collaborate in the ways that a centralized response to this request will require. Gathering and reviewing the email that responds to P001964 and P001968 will also take time. Last, the Department’s request for a time extension is reasonable and consistent with the public records law. Notwithstanding the size, scope, complex phrasing of the request, and the offer to provide access to records free of charge, staff who will need to respond to this request are on vacation or will be on vacation next week. I find in light of the need to collect and segregate the request, as well as the capacity of the Department to produce the request without an extension, the Department has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(ii). Conclusion Accordingly, I hereby grant the Department an extension of 20 business days to furnish copies of records responsive to Mr. Mroz’s request. See G. L. c. 66, § 10(c). To the extent possible, the Department must provide responsive records on a rolling basis. Further, this office encourages Mr. Mroz and the Department continue to communicate to facilitate providing records more efficiently and affordably. Any fee estimate by the Department must be in compliance with this determination, the Public Records Law, and its Access Regulations. Please note, Mr. Mroz has the right to seek judicial review of this decision by commencing a civil action in the appropriate superior court. See G. L. c. 66, § 10(d)(iv)(4),10A(c). Sincerely, Rebecca S. Murray Supervisor of Records cc: Gerry Mroz