Megan Hamilton-McKeon v. Falmouth, Town of - Public Schools (SPR 20241389)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 17, 2024 SPR24/1389 Sharon Reid Executive Assistant Falmouth Public Schools 340 Teaticket Highway Falmouth, MA 02536 Dear Ms. Reid: I have received the petition of Megan Hamilton-McKeon appealing the response of the Falmouth Public Schools (School) to a request for records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 20, 2024, Ms. Hamilton-McKeon requested, “all of [a named individual’s] records from Falmouth Public Schools including all letters, notes, documents, correspondence, reports, audiotapes, interviews and/or emails concerning or related to [named individual].” The School responded on April 26, 2024, providing numerous student records. Unsatisfied with the School’s response, Ms. Hamilton-McKeon 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. Hamilton-McKeon’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. Hamilton-McKeon 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 Ms. Hamilton-McKeon 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

Sharon Reid SPR24/1389 Page 2 May 17, 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 April 26th Response In its April 26, 2024 response, the School provided numerous student records. Current Appeal In her appeal petition, Ms. Hamilton-McKeon contends that she did not receive “all of the records … necessary regarding a Massachusetts Commission Against Discrimination complaint… All records are needed.” In an email from the school to this office, the school stated it responded to Ms. Hamilton- McKeon’s request as a student records request “pursuant to 603 CMR 23.00, not as a public records request per se. On April 26, 2024, [the School] provided a complete copy of the student record to Ms. Hamilton-McKeon. The Falmouth Public Schools has no other records in its possession, custody, or control that are responsive to her request.” Ms. Hamilton-McKeon 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.

Sharon Reid SPR24/1389 Page 3 May 17, 2024 Conclusion Accordingly, I will now consider this administrative appeal closed. Ms. Hamilton- McKeon is advised that she may wish to contact the Department Elementary and Secondary Education concerning these matters. Sincerely, Manza Arthur Supervisor of Records cc: Megan Hamilton-McKeon