Corey Kelleher v. Lunenburg, Town of - Public Schools (SPR 20241647)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 13, 2024 SPR24/1647 Superintendent Kate Burnham, Ed.D. Lunenburg Public Schools 1025 Massachusetts Avenue Lunenburg, MA 01462 Dear Superintendent Burnham: I have received the petition of Corey Kelleher appealing the response of the Lunenburg 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 May 10, 2024, Mr. Kelleher sought the following: 2018-2024 Current Lunenburg Primary School Records All Records Turkey Hill Elementary School All Records I am writing to review and access my child’s school records and to request copies of all my child’s school reports and student records. My child’s name is . . . . Please include a complete record for all years. The School responded on May 31, 2024, denying the request. Unsatisfied with the School’s response, Mr. Kelleher 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. Kelleher’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. Kelleher 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 Kate Burnham, Ed.D. SPR24/1647 Page 2 June 13, 2024 there is another means affording Mr. Kelleher a greater right of access to the responsive records. Conclusion Subsequent to the opening of this appeal, I learned that an attorney for the School provided a supplemental response by email to Mr. Kelleher and this office on June 10, 2024. As this appeal was opened based on the School’s May 31st response, I will now consider this administrative appeal closed. If unresolved issues remain, Mr. Kelleher may further appeal the substantive nature of the School’s June 10th response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Corey Kelleher