Zach Gabbard v. Arlington, Town of - Public Schools (SPR 20240624)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 13, 2024 SPR24/0624 Robert Spiegel Records Access Officer Arlington Public Schools 869 Massachusetts Avenue Arlington, MA 02476 Dear Mr. Spiegel: I have received the petition of Zach Gabbard appealing the response of the Arlington Public Schools (School) to a request for records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 10, 2024, Mr. Gabbard sent the following request: We write to request [a named individual]’s complete student record. The School responded on February 16, 2024, providing numerous student records. Unsatisfied with the School’s response, Mr. Gabbard appealed, and this case was opened as a result. Status of the Requestor Please note that the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Mr. Gabbard’s status as the parent or guardian of the individual named in the records will play no role in a determination as to whether the records should be disclosed or redacted under the Public Records Law. It is unclear if Mr. Gabbard may have a greater right of access to the responsive records outside the Public Records Law. The parties are encouraged to communicate to determine if there is another means affording Mr. Gabbard a greater right of access to the responsive records. 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

Robert Spiegel SPR24/0624 Page 2 March 13, 2024 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 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 February 16th Response In its February 16, 2024 response, the School provides numerous student records. Current Appeal In his appeal petition, Mr. Gabbard contends that “we requested the complete student record for [a named] Arlington Public Schools student ... and have received an incomplete response from the LEA.” In correspondence included with his appeal petition, Mr. Gabbard also states that “this record appears to be incomplete, so we are now appealing to the Superintendent (per 603 CMR 23.09) ... to hopefully resolve.” In an email to this office and the School on February 28, 2024, Mr. Gabbard also contends that “there has only been one request for our child’s complete student record and associated public records, and the response was incomplete.” Mr. Gabbard is advised that the Office of the Supervisor of Records is statutorily empowered with the authority to determine the public record status of government records. See G. L. c. 66, § 10. Further, in compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has been alleged. See G. L. c. 66, § 10A(a). Please note that alleged violations of Department of Elementary and Secondary Education regulations are outside the jurisdiction of this office. See 603 C.M.R. 23.00. Given that such issues do not fall within the authority of this office, I am unable to address such issues in this determination.

Robert Spiegel SPR24/0624 Page 3 March 13, 2024 Conclusion Accordingly, I will now consider these administrative appeals closed. Mr. Gabbard is advised that he may wish to contact the Department Elementary and Secondary Education concerning these matters. Sincerely, Manza Arthur Supervisor of Records cc: Zach Gabbard Katie A. Meinelt, Esq.