Mary Kate McGowan v. Southern Worcester County Regional Vocational School District (SPR 20230987)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 19, 2023 SPR23/0987 Kyle Brenner Superintendent Southern Worcester County Regional Vocational School District 57 Old Mugget Hill Road Charlton, MA 01507 Dear Superintendent Brenner: I have received the petition of Mary Kate McGowan appealing the response of the Southern Worcester County Regional Vocational 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…” Prior Appeal The requested records were the subject of a prior appeal. See SPR23/0974 Determination of the Supervisor of Records (Supervisor) (May 11, 2023). On May 11, 2023, the School provided Ms. McGowan with a response and a record in response to the prior appeal, SPR23/0974. This same day, Ms. McGowan contacted the Supervisor again, and the current appeal, SPR23/0987, was opened. In her May 11th email at 2:37 PM to this office and copied to the School, Ms. McGowan stated, “I hereby appeal. The documents sent today (5/11/23) by the School are not the requested documents; they remain non-compliant.” 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

Superintendent Kyle Brenner SPR23/0987 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, the School provided additional records. In a May 11th email, Ms. McGowan informed this office and the School, “[t]he [School] has sent me documents that I take to comply with my public records request…” Conclusion Accordingly, where the School provided Ms. McGowan with the records responsive to her request, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Mary Kate McGowan