Kayla Fox v. Berkshire Hills Regional School District (SPR 20250652)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 13, 2025 SPR25/0652 Doreen Twiss Administrative Secretary to the Superintendent Berkshire Hills Regional School District 50 Main Street, P. O. Box 617 Stockbridge, MA 01262 Dear Ms. Twiss: I have received the petition of Kayla Fox appealing the nonresponse of the Berkshire Hills Regional School District (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 19, 2025, Ms. Fox requested the following: [1.] An extract of your records management system or database that includes each school-related arrest and each referral to law enforcement conducted during the 2018-2019, 2019-2020, 2020-2021, 2021-2022, and 2022-2023 school year (up until the day the records are produced). . .[;] [2.] If such an extract of the database in question 1 is not possible, please provide police reports and school incident reports on each school-related arrest conducted during the 2018-2019, 2019-2020, 2020-2021, 2021-2022, and 2022-2023 school year (up until the day the records are produced)[;] [3.] Please provide with an unduplicated count of arrested students for each school year including 2018-2019, 2019-2020, 2020-2021, 2021-2022, and 2022- 2023 school year (up until the day the records are produced)[;] [4.] If such an extract of the database in question 1 is not possible, please provide police reports and school incident reports on each referral to law enforcement conducted during the 2018-2019, 2019-2020, 2020-2021, 2021-2022, and 2022- 2023 school year (up until the day the records are produced), per the U.S Department of Education’s Civil Rights Data Collection for that year. For each referral to law enforcement, please include the school, demographic, and incident information described in DESE’s School Safety and Discipline Report Data 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

Doreen Swiss SPR25/0652 Page 2 March 13, 2025 Handbook V. 20.0[;] [5.] Please also provide an unduplicated counts of referrals to law enforcement (as defined above) for each school year including the 2018-2019, 2019-2020, 2020 2021, 2021-2022, and 2022-2023 school year (up until the day the records are produced)[.] Claiming to not yet have received responsive records, Ms. Fox petitioned this office and this appeal, SPR25/0652, was opened as a result. Subsequently, I learned that the School provided Ms. Fox with a response on March 13, 2025. Where this appeal was opened as a result of the School’s lack of a written response, I will now consider this administrative appeal closed. Ms. Fox may appeal the substantive nature of the School’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Doreen Swiss