Alison Freeman v. Mendon-Upton Regional School District (SPR 20232221)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 28, 2023 SPR23/2221 Cheryl Kirkpatrick, Ed.D. Assistant Superintendent of Schools Mendon-Upton Regional School District 150 North Avenue Mendon, MA 01756 Dear Dr. Kirkpatrick: I have received the petition of Dr. Alison Freeman appealing the response of the Mendon-Upton 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 August 30, 2023, Dr. Freeman requested “a list of every single program, file, company, etc that contains any of my child’s personal information. . .” The School responded on September 5, 2023, and indicated that Dr. Freeman’s request was unclear. Unsatisfied with the School’s response, Dr. Freeman petitioned this office and this appeal, SPR23/2221, was opened as a result. 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). 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); 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). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. 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. Cheryl Kirkpatrick SPR23/2221 Page 2 September 28, 2023 The School’s September 5th response In the School’s September 5, 2023 response, it stated the following: I need clarity on your request. I will offer to speak on the phone again, as it may be easier. Here are my questions: What do you mean by “personal information?” Can you be specific about the information you would not like shared? Are you looking for a list of all applications we provide student access to or only certain ones? In its response, the School has not denied Dr. Freeman any access to records, but is seeking clarification regarding the scope of her request. Please be advised that it is valid for the custodian of records to suggest a “reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency or municipality to produce records sought more efficiently and affordably.” See G. L. c. 66, § 10(b)(vii). Given the ambiguity of her request, Dr. Freeman is encouraged to provide the School with the needed clarification. G. L. c. 66, § 10(a)(i) (the request must reasonably describe the public records sought). The School must use its knowledge of the records to facilitate the provision of any responsive records. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii), (b)(ii). Conclusion Upon clarification, the School must provide a response to Dr. Freeman in a manner consistent with this order, the Public Records Law, and its Regulations within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Dr. Freeman may appeal the substantive nature of the School’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Dr. Alison Freeman