Brian Keaney v. Dedham, Town of - Public Schools (SPR 20240471)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 27, 2024 SPR24/0471 Ian P. Kelly, Ed.D. Deputy Superintendent 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 a 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 Appeals The requested records were the subject of prior appeals. See SPR23/2787 Determination of the Supervisor of Records (December 4, 2023) and SPR23/2993 Determination of the Supervisor of Records (December 28, 2023). In my December 28th determination, I directed the School to clarify if any responsive records exist. On January 10, 2024, the School provided Mr. Keaney with a response. 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 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 SPR24/0471 Page 2 February 27, 2024 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 January 10, 2024 response The School’s January 10th response to Mr. Keaney, states the following: . . . The Supervisor’s determination again stated that “it is unclear if the School possess 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. The School’s January 29th and February 2nd responses On January 29, 2024, the School provided Mr. Keaney with another response, accompanied by several reports and data. In the School’s February 2, 2024 response, it was explained to Mr. Keaney that the spreadsheet reports and data sent to him were the records that Dr. Kelly obtained from the principals, and that the spreadsheets Mr. Keaney currently has reflect classroom level data. In closing, the School informed Mr. Keaney that he would reach out to the principals again to see if additional reports were used or distributed. Current Appeal In his petition, Mr. Keaney explained, “I spoke with [Dr. Kelly] by phone on January 22, 2024 so that we could better understand each other and so that I could clarify my request. In that conversation, I told him I wanted copies of the reports, results, or other documents that the principals of the various schools used to review MCAS scores with their teachers.” Subsequent to the opening of the current appeal, the School provided Mr. Keaney with supplemental responses on February 14, 2024 and February 26, 2024. In its February 26th response, the School indicates “…you will find an Excel sheet that contains all MCAS data for the District. I took the first two spreadsheets that you were unable to access and compiled them into this sheet…” Following the response, on February 26th, Mr. Keaney indicated to Dr. Kelly that the results were still student level, and that he seeks the reports that the teachers received.

Dr. Ian P. Kelly SPR24/0471 Page 3 February 27, 2024 In light of the above, I find the School must clarify if it possesses any records indicated in Mr. Keaney’s February 26th email. 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 further response, 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. If issues remain, Mr. Keaney may appeal the substantive nature of the School’s response within 90 calendar days. 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Brian Keaney