Tom Durfee v. Department of Elementary and Secondary Education (SPR 20222069)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 23, 2022 SPR22/2068; SPR22/2069 Helene H. Bettencourt Records Access Officer Department of Elementary and Secondary Education 75 Pleasant Street Malden, MA 2148-4906 Dear Ms. Bettencourt: I have received the petition of Tom Durfee appealing the response 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 30, 2022, Mr. Durfee requested: [1] All information and data cited/referenced to support all four mask mandate decisions made in August 2021, October 2021, January 2022 and February 2022. [2] All notes, meeting minutes, and communications between DESE [B]oard [M]embers and health experts . . . [3] Justification and research data cited/referenced to support current Section 2, Protocol B that requires close contact, asymptomatic, unvaccinated students to remain out of school for 5 days whereas vaccinated students do not.” On August 30, 2022, Mr. Durfee requested: All notes, meeting minutes and communications with any and all physicians consulted that justify the removal of the 80% vaccination threshold to avoid being subject to the [Department’s] mandatory mask policy. Specifically I would like the rationale explaining why the 80% vaccination threshold was necessary from October 2021 through January 2022 and became unnecessary in February 2022.” The Department provided responses on July 22, 2022, August 3, 2022, August 19, 2022, and August 31, 2022, including responsive records. Unsatisfied with the responses, Mr. Durfee petitioned the Supervisor of Records, and these appeals, SPR22/2068 and SPR22/2069, were 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 H. Bettencourt SPR22/2068; SPR22/2069 Page 2 September 23, 2022 Based on an email correspondence on September 23, 2022, it is my understanding that the Department intends to provide a supplemental response to Mr. Durfee. Accordingly, said response must be provided in a manner consistent with the Public Records Law and its regulations within ten business days. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. If issues remain unresolved, Mr. Durfee may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Tom Durfee