Mary Kate McGowan v. Wrentham, Town of - Public Schools (SPR 20231102)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 1, 2023 SPR23/1102 Allan Cameron, Ph.D. Superintendent of Schools Town of Wrentham Public Schools 120 Taunton Street Wrentham, MA 02093 Dear Dr. Cameron: I have received the petition of Mary Kate McGowan appealing the response of the Town of Wrentham Public Schools (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 9, 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).” Prior appeal The requested records were the subject of a prior appeal. See SPR23/0963 Determination of the Supervisor of Records (Supervisor) (May 24, 2023). Where the School did not provide Ms. McGowan with a response to her request, the prior appeal was opened. Subsequent to the opening of the prior appeal, I learned that the School provided Ms. McGowan with a May 23, 2023 response. As a result, I closed SPR23/0963, due to the May 23rd response. Current appeal On May 24, 2023, Ms. McGowan petitioned the Supervisor. In her petition, Ms. McGowan asserts, “I hereby appeal. Although they responded, they have yet to provide the requested documents or indeed any documents.” As a result, the current appeal was opened. 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 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

Dr. Allan Cameron SPR23/1102 Page 2 June 1, 2023 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). 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). If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Subsequent to the opening of the current appeal, in a May 25th email, Dr. Cameron notified a Senior Attorney in the Public Records Division that the School provided Ms. McGowan with the requested records on May 24, 2023. Conclusion Accordingly, where the School provided Ms. McGowan with the requested records on May 24, 2023, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Mary Kate McGowan