Brian DeLacey v. Department of Elementary and Secondary Education (SPR 20250229)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 4, 2025 SPR25/0229 Helene Bettencourt Associate Commissioner Commissioner’s Office Department of Elementary and Secondary Education 135 Santilli Highway Everett, MA 02149 Dear Ms. Bettencourt: I have received the petition of Brian DeLacey, of Malden News Network, appealing the nonresponse of the Department of Elementary and Secondary Education (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 25, 2024, Mr. DeLacey requested the following records: [1] [A]ny records documenting the current review of the MVRCS charter for any failure by them to comply with their current, “in force” charter. [2] [A]ny records indicating MVRCS is at risk of losing their accreditation and charter status as a Charter School in the state of Massachusetts. Please include any an[d] all records of DESE notifying MVRCS, or any other charter, through their charter school initial or renewal application or upon receiving DESE’s authorization, that they must operate in accordance with state and federal laws, such as the requirement they “operate said Charter School in accordance with the provisions of section eighty-nine of chapter seventy-one and 603 CMR 1.00, and all other applicable state and federal laws and regulations ...” (If this is boilerplate language, records need only be provided for MVRCS.) [3] [A]ny and all records documenting DESE communications with MVRCS regarding any violations or failings to enact adequate remediation or mitigation in their policies or procedures related to their obligations to act in compliance with their charter, and specifically to act “in accordance with the provisions of section eighty-nine of chapter seventy-one and 603 CMR 1.00, and all other applicable state and federal laws and regulations ...” [4] [F]or the calendar years 2015 - 2024, please provide any summary, list, or if necessary supporting detailed records and document summary covering any charter school in MA where that charter was “revoked or suspended for failure to 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

Helene Bettencourt SPR25/0229 Page 2 February 4, 2025 comply with any of the terms and conditions of this charter ...” including any charter schools failure to act “in accordance with the provisions of section eighty- nine of chapter seventy-one and 603 CMR 1.00, and all other applicable state and federal laws and regulations ...” Claiming to not yet have received responsive records, Mr. DeLacey petitioned this office and this appeal, SPR25/0229, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Department has provided a response. Accordingly, the Department is ordered to provide Mr. DeLacey with a response to his request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. DeLacey may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Brian DeLacey