Mandy McLaren v. Lynn, City of - Public Schools (SPR 20231757)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 4, 2023 SPR23/1757 Charles Gallo, J.D. Compliance Officer Lynn Public Schools 100 Bennett Street Lynn, MA 01905 Dear Mr. Gallo: On July 31, 2023, this office received your petition on behalf of Lynn Public Schools (School) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, the Department furnished a copy of this petition to the requestor. Id. On July 25, 2023, Mandy McLaren, of The Boston Globe, requested “[s]ettlement agreements entered into by your School District with parents and guardians, from July 1, 2013 through [July 25, 2023], relative to the provision of special education services and/or educational placement(s) for students with disabilities, redacted of personally identifying information.” Petition for an Extension of Time Under the Public Records Law, upon a showing of good cause, the Supervisor of Records (Supervisor) may grant a single extension to an agency not to exceed 20 business days and a single extension to a municipality not to exceed 30 business days. In determining whether there has been a showing of good cause, the Supervisor shall consider, but shall not be limited to considering: (i) the need to search for, collect, segregate or examine records; (ii) the scope of redaction required to prevent unlawful disclosure; (iii) the capacity or the normal business hours of operation of the agency or municipality to produce the request without the extension; (iv) efforts undertaken by the agency or municipality in fulfilling the current request and previous requests; (v) whether the request, either individually or as part of a series of requests from the same requestor, is frivolous or intended to harass or intimidate the agency or municipality; and (vi) the public interest served by expeditious disclosure. 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

Charles Gallo, J.D. SPR23/1757 Page 2 August 4, 2023 G. L. c. 66, § 10(c). If the Supervisor determines that the request is part of a series of contemporaneous requests that are frivolous or designed to intimidate or harass, and the requests are not intended for the broad dissemination of information to the public about actual or alleged government activity, the Supervisor may grant a longer extension or relieve the agency or municipality of its obligation to provide copies of the records sought. Id. The filing of a petition does not affect the requirement that a Records Access Officer (RAO) must provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4)(b). Current Petition In its July 31st petition, the School requests an extension of 30 business days and provides the following information in support of its request: The following circumstances exist:  The Special Education Department is currently in the process of moving their physical location and will be doing so for approximately the next two weeks.  A new Executive Director of Special Education was recently appointed and as a result the district is in the process of transitioning leadership.  During the summer months, various Special Education programs are running in numerous buildings throughout the district headed by pertinent members of the Special Education Department in fulfilling this request.  LPS is currently in the process of making necessary preparations for the onset of School Year 2023-2024. Please note that in a letter to this office and the School on August 1, 2023, Ms. McLaren stated, “please take until Sept. 8.” I find that in light of the capacity of the School to produce the request without the extension, the School has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(iii). The School is granted an extension of 30 business days. Conclusion As described above, I find that the School has established good cause for a time extension of 30 business days. Please note, Ms. McLaren has the right to seek judicial review of this decision by commencing a civil action in the appropriate superior court. See G. L. c. 66, §§ 10(c), 10(d)(iv)(4), 10A(c).

Charles Gallo, J.D. SPR23/1757 Page 3 August 4, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Mandy McLaren