Brian Keaney v. Dedham, Town of - Public Schools (SPR 20232787)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 4, 2023 SPR23/2787 Dr. Ian P. Kelly Deputy Superintendent Acting Principal, ECEC Dedham Public Schools 100 Whiting Avenue Dedham, MA 02026 Dear Dr. Kelly: I have received the petition of Brian Keaney appealing the response of the Dedham Public Schools (School) to his request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 28, 2023, Mr. Keaney requested numerous records from the School. On November 1, 2023, the School responded and provided responsive records. On November 3, 2023, Mr. Keaney clarified his request to include a summary of growth data from the School. On November 4, 2023, the School stated that it did not have the requested growth data. Unsatisfied with the School’s response, Mr. Keaney petitioned this office and this appeal, SPR23/2787, 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. Att’y 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. Ian P. Kelly SPR23/2787 Page 2 December 4, 2023 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. The School’s November 4th and November 9th responses In its November 4, 2023 response, the School stated the following: The district is not in possession of records that are responsive to your request and is not required to create records where none exist. The data that is available publicly via DESE is the data I use to conduct district level analysis and reporting. Time consuming statistical analysis is not necessary to gain insight into the average SGP information you are interested in understanding. Our schools are small enough that the mean SGP for the grade level in a given school is a reasonable approximation of the mean SGP at the teacher/class level in that school. The School provided a further response on November 9, 2023, and stated the following: The district is not in possession of any records that are responsive to your request. My analysis presented to the School Committee in October focused on aggregate performance relative to the state and demographically similar communities as well as general accountability data and performance. As the average SGP and teacher comparisons were not a part of that presentation no reports of that nature were developed by the District. The best comparable data I can point you to is the DESE data I referred you back to over the weekend. The mean SGP for each grade level and each school is a reasonably accurate estimation of the mean SGP for each teacher within the grade level and school. Current Appeal In his current appeal, Mr. Keaney claims that the School previously provided him with a responsive records last year for a similar request. Mr. Keaney states that the School must provide him the responsive record or identify the correct custodian. Based on the School’s response, in conjunction with Mr. Keaney’s appeal, it is unclear if the School possesses any records responsive to the request. 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). Custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the School must clarify whether any responsive records exist.

Dr. Ian P. Kelly SPR23/2787 Page 3 December 4, 2023 Conclusion Accordingly, the School is ordered to provide Mr. Keaney with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten (10) 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. Sincerely, Manza Arthur Supervisor of Records cc: Brian Keaney