Kerin Carli v. Hingham, Town of - Public Schools (SPR 20241022)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 19, 2024 SPR24/1022 Margaret Adams Superintendent Hingham Public Schools 220 Central Street Hingham, MA 02043 Dear Superintendent Adams: I have received the petition of Kerin Carli appealing the response of the Hingham 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 March 21, 2024, by a letter labeled “Subject: FERPA Records Request,” Ms. Carli requested the following: I am in receipt of some of [a named individual’s] educational records. Please provide all documents requested. I understand I am entitled to these records under the Family Educational Rights and Privacy Act. The School responded on March 27, and March 29, 2024, providing a fee estimate. Unsatisfied with the School’s responses, Ms. Carli 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, Ms. Carli’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 Ms. Carli 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 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

Superintendent Margaret Adams SPR24/1022 Page 2 April 19, 2024 there is another means affording Ms. Carli a greater right of access to the responsive records. 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 March 27th and March 29th Responses In its March 27, and March 29, 2024 responses, the School indicates that it provided responsive records in response to a previous request, and provides a fee estimate of $720 for providing approximately 7,200 pages of additional documents. Current Appeal In her appeal petition, Ms. Carli contends that she has “not received all documents requested.” In correspondence included with her appeal petition, Ms. Carli further contends that she is “entitled to these records under the Family Educational Rights and Privacy Act.” Ms. Carli 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.

Superintendent Margaret Adams SPR24/1022 Page 3 April 19, 2024 Conclusion Accordingly, I will now consider this administrative appeal closed. Ms. Carli is advised that she may wish to contact the Department of Elementary and Secondary Education concerning these matters. Sincerely, Manza Arthur Supervisor of Records cc: Kerin Carli Dr. Barbara Cataldo