Malden News Network v. Mystic Valley Regional Charter School (SPR 20230783)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 4, 2023 SPR23/0783 Rick Veilleux Mystic Valley Regional Charter School 4 Laurel Street Malden, MA 02148 Dear Mr. Veilleux: I have received the petition of Malden News Network appealing the nonresponse of the Mystic Valley Regional Charter School (School/MVRCS) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 24, 2023, Malden News Network requested the following records from January 1, 2021 to the date the School responds to this request: [1] All records sent or received by any MVRCS representative mentioning or referring to the fantastic news that the Department of Elementary and Secondary Education (DESE) has granted Mystic Valley Regional Charter School an unconditional renewal of its charter…[;] [2] All records sent or received between MVRCS representatives and the commissioner, or any member of BESE/DESE mentioning any details on the MVRCS charter renewal, or any of the 18 charter schools renewed this year, the existence or absence of conditions, and the MVRCS performance percentile, 92 percent …[;] [3] All records/correspondence etc. related to the commissioner's decision not to recommend approval for your charter amendment request/s[;] [4] All records related to any bonus contracts, agreements, programs, terms, or incentives with teachers, assistant teachers, para professionals, or staff and administration which are tied to standardized or independent measures of student achievement or test performance/ metrics or measures….[;] [5] Any records which indicate the current and future targets for classroom size, by grade, along with records indicating the full-time equivalent educators assigned to each of these classrooms…[.] Claiming to not yet have received responsive records, Malden News Network petitioned this office and this appeal, SPR23/0783, 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

Rick Veilleux SPR23/0783 Page 2 May 4, 2023 In a correspondence dated October 20, 2022 from the Attorney General for the Commonwealth of Massachusetts (AGO), the AGO found that the School is a public entity subject to the Public Records Law and ordered the School to respond to the requests from Malden News Network, Commonwealth Transparency, and Lissette Alvarado by November 10, 2022. On April 25, 2023, in a letter dated May 24, 2022, the School has refused to comply with the orders issued from this Office and from the AGO. Referred to the Office of the Attorney General It is my understanding that the subject matter of this request and the issues raised in Malden News Network’s appeal are similar to those addressed in SPR22/2754; SPR22/2755; SPR22/2757; SPR22/2758 Determinations of the Supervisor of Records (December 15, 2022). Please note that on April 28, 2023, I referred this matter to the Office of the Attorney General (AGO) for enforcement. In light of this referral, I decline to provide a determination as to the public status of the requested records at this time pending a resolution to the AGO’s review. Conclusion Accordingly, I will consider this administrative appeal closed. If Malden News Network is not satisfied with the resolution of these administrative appeals, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Malden News Network Matthew Campbell, Esq.