Christine McCue Potts v. Department of Elementary and Secondary Education (SPR 20232820)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 6, 2023 SPR23/2820 Helene Bettencourt Records Access Officer Department of Elementary and Secondary Education 75 Pleasant Street Malden, MA 02148-4908 Dear Ms. Bettencourt: I have received the petition of Christine McCue Potts appealing the response of the Department of Elementary and Secondary Education (DESE) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 11, 2023, Ms. McCue Potts requested the following records regarding the Medfield Public Schools: …End-of-Year Financial Report for Medfield Public Schools for the 2022-23 school year; Medfield Secondary School Anti-Hazing Report due to DESE on Oct. 1, 2023. Medfield final reports submitted to DESE for grants that ended on 6/30/2023 and 8/31/2023. Medfield SRO-MOU and SOP Submission to DESE for school year 2023-24, as described here: “Recent legislation (G. L. c. 71, s. 37P) requires that each school district in Massachusetts annually submit to [DESE] their proposed budget (e.g. to their relevant school committee) for mental, social or emotional health support personnel. It also requires that districts with at least one School Resource Officer (SRO) shall annually file with DESE its final memorandum of understanding (MOU) and operating procedures, and also report to DESE the costs to the district of assigning SROs. . . .” Medfield district School Safety & Discipline Report (including bullying incident data) for 2022-23 school year that was due to DESE on July 14, 2023. On October 11, 2023, DESE acknowledged Ms. McCue Potts’ request. On November 21, 2023, after not receiving any records, Ms. McCue Potts petitioned the Supervisor of Records, and this appeal was opened. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all 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

Helene Bettencourt SPR23/2820 Page 2 December 6, 2023 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) (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 appeal, on November 28, 2023, DESE provided Ms. McCue Potts with the responsive records. In a November 30, 2023 email to DESE and this office, Ms. McCue Potts stated, “[t]hanks so much for this follow up. . . .With regard to the public records appeal, it can certainly be withdrawn give[n] the completely satisfactory response. . .” Conclusion Accordingly, where the Department has provided the responsive records to Ms. McCue Potts, and that she finds the response completely satisfactory, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Christine McCue Potts