Mary Kate McGowan v. Spencer-East Brookfield Regional School District (SPR 20230962)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 19, 2023 SPR23/0962 Paul S. Haughey, Ed.D. Superintendent of Schools Spencer-East Brookfield Regional School District 302 Main Street Spencer, MA 01562 Dear Dr. Haughey: I have received the petition of Mary Kate McGowan appealing the response of the Spencer-East Brookfield Regional School District (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 6, 2023, Ms. McGowan requested: “…[the School’s] policies and procedures for special education; these are the ones you agreed to have and to have available to the public when signing the SEPPS (special education program plan statement).” On March 8th, the School sent Ms. McGowan an email, asking whether she wanted the School to email the document as an attachment or mail a hard copy to a specific address. She McGowan informed the School that an email attachment will be fine. After receiving a copy of the School’s SEPPS, on May 10th, Ms. McGowan petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In her May 10th petition, McGowan states, “[a]lthough they have sent me a copy of the SEPPS, this is not what I requested…” 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 agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). 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

Paul S. Haughey, Ed.D. SPR23/0962 Page 2 May 19, 2023 It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). Subsequent to the opening of this appeal, on May 18, 2023, the School’s Department of Pupil Services provided Ms. McGowan with the record responsive to her request, and notified this office. Conclusion Accordingly, where the School provided Ms. McGowan with the responsive record, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Mary Kate McGowan