Brian Keaney v. Dedham, Town of - Public Schools (SPR 20232993)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 28, 2023 SPR23/2993 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 “…a summary document or analysis showing the average score and SGP in each classroom in each school or around the district.” Prior Appeal The requested records were the subject of a prior appeal. See SPR23/2787 Determination of the Supervisor of Records (December 4, 2023). In my December 4th determination, I found it unclear if the School possessed any records responsive to the request, and I ordered the School to provide a further response. On December 11, 2023, the School responded and indicated that it did not possess any records responsive to the request. Unsatisfied with the School’s response, Mr. Keaney petitioned this office and this appeal, SPR23/2993, 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). 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 SPR23/2993 Page 2 December 28, 2023 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. 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 December 11th response In the School’s December 11, 2023 response, it stated the following: . . . The Supervisor’s determination stated that “it is unclear if the School possesses any records responsive to the request,” and stated that “the School must clarify whether any responsive records exist.” To clarify, as stated in the District’s previous responses, the District is not in possession of any records that are responsive to your request for a data report including, by teacher, the average student growth percentile (SGP) for students in each teacher’s class. Current Appeal In his current appeal, Mr. Keaney claims that the School previously provided him with a responsive record 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. 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.

Dr. Ian P. Kelly SPR23/2993 Page 3 December 28, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Brian Keaney