Michael Klein v. Pioneer Valley Chinese Immersion Charter School (SPR 20243208)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 10, 2024 SPR24/3208 Kathleen Wang Principal Pioneer Valley Chinese Immersion Charter School 317 Russell Street Hadley, MA 01035 Dear Principal Wang: I have received the petition of Michael Klein appealing the response of the Pioneer Valley Chinese Immersion Charter School (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 3, 2024, Mr. Klein requested “… copies of school surveys for the past 4 years (8 surveys).” The School provided responses on October 15, 2024 and October 21, 2024. Unsatisfied with the responses, Mr. Klein petitioned this office and this appeal, SPR24/3208, was opened as a result. Subsequent to the opening of this appeal, the School provided an additional response on December 5, 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, § l0A(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. 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

Principal Kathleen Wang SPR24/3208 Page 2 December 10, 2024 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. Current appeal In his appeal, Mr. Klein stated, “I am appealing [the School]’s refusal to provide raw survey data (individual numerical results beyond comments) that are available to the school via their platform...” The School’s Responses In its October 15, 2024 response, the School provided records and redacted information under Exemptions (a) and (c) of the Public Records Law. In its October 21, 2024 response, the School provided additional records. Subsequent to the opening of this appeal, the School sent an email to this office on December 5, 2024 and stated, “[p]lease be aware that the school has provided [Mr. Klein] with all the records that exist which are responsive to [his] request. As indicated by [the School], [Mr. Klein was] provided with the survey results as they are received by the school. Please be advised that the school does not calculate the percentages for the response survey results. The percentages are created through the survey platform and that data is how the school receives the information. The school is not obligated to create any new documents in order to comply with a public records request. As such, there are no additional documents in the school’s possession that would be responsive to [Mr. Klein’s] request.” No Duty to Create Records Please be advised, under the Public Records Law the School is not required to create a record in response to the request. See G. L. c. 66, § 6A(d). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, §10(a)(ii). Additionally, please note that under the Public Records Law, a public employee is not required to answer questions, do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977). Conclusion Where the School does not possess any additional records responsive to the October 3rd request, and has no duty to create records responsive to the requests, I will now consider this administrative appeal closed. If Mr. Klein is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10(b).

Principal Kathleen Wang SPR24/3208 Page 3 December 10, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Michael Klein Kimberly Roche, Esq.