Sam Whiting v. Department of Elementary and Secondary Education (SPR 20240191)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 30, 2024 SPR24/0191 Helene Bettencourt Records Access Officer Department of Elementary and Secondary Education 135 Santilli Highway Everett, MA 02149 Dear Ms. Bettencourt I have received the petition of Attorney Sam Whiting, of the Massachusetts Family Institute, appealing the nonresponse of the Department of Elementary and Secondary Education (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 22, 2023, Attorney Whiting requested “[a]ll documents, including but not limited to legal advisories, opinion letters, memoranda, and emails, interpreting the parental notification law, M.G.L. c. 71, s. 32A.” Claiming to not yet have received responsive records, Attorney Whiting petitioned this office and this appeal, SPR24/0191, was opened as a result. Subsequently, I learned that the Department provided Attorney Whiting with a response dated January 26, 2024. Where this appeal was opened as a result of the Department’s lack of a written response, I will consider this administrative appeal closed. Attorney Whiting may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Attorney Sam Whiting 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