Marina Villeneuve v. Taunton, City of - Public Schools (SPR 20242897)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 24, 2024 SPR24/2897 Superintendent John J. Cabral Taunton Public Schools 215 Harris Street Taunton, MA 02780 Dear Superintendent Cabral: On October 22, 2024, this office received your petition on behalf of the Taunton Public Schools (School/District) seeking an extension of time to produce records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, it is my understanding that the School furnished a copy of the petition to the requestor, Marina Villeneuve. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On October 17, 2024, Ms. Villeneuve requested the following records related to surveillance software used to monitor student activity on district-issue devices: [1] Your district’s policies for the use of student surveillance technology: including collection and retention of student data, sharing with local law enforcement and parents and policies for responding to potentially inappropriate student conduct on school-issued devices[;] [2] Data tracking how often students have been investigated and/or received a behavior referral since Sept. 1, 2022 as a result of student activity monitoring tools[;] [3] Data tracking how often students have been disciplined since Sept. 1, 2022 as a result of student activity monitoring tools[;] [4] Data tracking the demographics of students who have been disciplined since Sept. 1, 2022 as a result of student activity monitoring tools. This should include, for example, the grade level, special education service, ELL status, economic disadvantage, gender and race of students who were suspended, expelled, charged with crimes or otherwise disciplined due to their misuse of school issued devices[;] 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 John J. Cabral SPR24/2897 Page 2 October 24, 2024 [5] Records of instances where student surveillance data was shared with law enforcement since Sept. 1., 2022[;] [6] Contracts with entities that have provided surveillance monitoring since Sept. 1, 2022[;] [7] All alerts (Including “flagged activity” and “smart alerts”) generated in response to student browsing through a surveillance company’s filters in September 2024[;] [8] Records, including summary reports, showing the number of instances of students flagged for LGBT and/or abortion keywords in 2024[;] [9] Data or records showing whether or how often your district has used surveillance software features to monitor or flag content or sites since Sept. 1 , 2022[;] [10] Records, including contracts and memoranda, listing the data points that a surveillance company can, and is collecting for your district. Petition for an Extension of Time Under the Public Records Law, upon a showing of good cause, the Supervisor of Records (Supervisor) may grant a single extension to an agency not to exceed 20 business days and a single extension to a municipality not to exceed 30 business days. In determining whether there has been a showing of good cause, the Supervisor shall consider, but shall not be limited to considering: (i) the need to search for, collect, segregate or examine records; (ii) the scope of redaction required to prevent unlawful disclosure; (iii) the capacity or the normal business hours of operation of the agency or municipality to produce the request without the extension; (iv) efforts undertaken by the agency or municipality in fulfilling the current request and previous requests; (v) whether the request, either individually or as part of a series of requests from the same requestor, is frivolous or intended to harass or intimidate the agency or municipality; and (vi) the public interest served by expeditious disclosure. G. L. c. 66, § 10(c). If the Supervisor determines that the request is part of a series of contemporaneous requests that are frivolous or designed to intimidate or harass, and the requests are not intended for the broad dissemination of information to the public about actual or alleged government activity, the Supervisor may grant a longer extension or relieve the agency or municipality of its obligation to provide copies of the records sought. Id.

Superintendent John J. Cabral SPR24/2897 Page 3 October 24, 2024 The filing of a petition does not affect the requirement that a Records Access Officer (RAO) must provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4)(b). Current Petition In its petition, the School requests “an additional 20 business to respond” and provides the following information in support of its request: [The District] respectfully requests additional time to provide the requested documents and due to the magnitude and difficulty of the request. Based upon the broad and non-specific nature of these requests and the resources required to respond, the District reasonably anticipates that assembling the records, to segregating, and redacting the requested information as required by law, will require time beyond the ten days allowed by law. … [A]dditionally, the District notes that the employee available to assist in this response has additional responsibilities that they must complete in order to ensure the operation of school business. In light of the need to collect, segregate and examine the records, as well as the capacity of the School to produce the records without an extension, the School has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The School is granted an extension of 20 business days. Conclusion As described above, I find that the School has established good cause for a time extension of 20 business days. Please note, Ms. Villeneuve has the right to seek judicial review of this decision by commencing a civil action in the appropriate superior court. See G. L. c. 66, §§ 10(c), 10(d)(iv)(4), 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Marina Villeneuve Terry Hallett, Stoneman, Chandler & Miller, LLP Justin Gomes, Esq., Stoneman, Chandler & Miller, LLP