Ellen A. Crowley v. Department of Elementary and Secondary Education (SPR 20250528)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 7, 2025 SPR25/0528 Helene Bettencourt Records Access Officer Department of Elementary and Secondary Education 135 Santilli Highway Everett, MA 02149 Dear Ms. Bettencourt: I have received the petition of Ellen A. Crowley, Esq., of Murphy, Hesse, Toomey & Lehane, LLP, on behalf of Greater Lowell Technical High School, appealing the response 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 14, 2024, Attorney Crowley requested, “… the individual demographic data (e.g. race/ethnicity (students of color), national origin, gender identity, sexual orientation, religion, disability status, English learner status, and low-income status, etc.) of each applicant to the District beginning with the 2021- 2022 school year to the present.” Previous Appeal This request was the subject of a previous appeal. See SPR25/0040 Determination of the Supervisor of Records (January 17, 2025). In my January 17th determination, I found that the Department had not met its burden to withhold records under Exemptions (a) and (c) of the Public Records Law and ordered the Department to provide Attorney Crowley with a further response to the request. The Department provided a response on January 31, 2025. Unsatisfied with the Department’s response, Attorney Crowley petitioned this office and this appeal, SPR25/0528, was opened as a result. It is my understanding that the Department intends on providing a further response to Attorney Crowley. Accordingly, the Department is ordered to provide Attorney Crowley with said response, in a manner consistent with this order, the Public Records Law and its Regulations within ten 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. 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 SPR25/0528 Page 2 March 7, 2025 Attorney Crowley may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Ellen A. Crowley, Esq. Patrick Genovese, Esq.