Melissa Roche v. Sharon, Town of - Public Schools (SPR 20250765)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 1, 2025 SPR25/0765 Dr. Joel Jocelyn Assistant Superintendent Sharon Public Schools 75 Mountain Street Sharon, MA 02067 Dear Dr. Jocelyn: I have received the petition of Melissa Roche appealing the response of the Sharon Public Schools (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. Roche requested the following: [1] The completed rubric and scoring sheet used to evaluate my NHS application, including any notes or comments made during the evaluation process by the faculty council[;] [2] The minimum point threshold required for NHS acceptance during the Fall 2024 selection process[.] Previous Appeal This request was the subject of a previous appeal. See SPR25/0663 Determination of the Supervisor of Records (March 12, 2025). In my March 12th determination, I closed SPR25/0663 in light of the School providing a response on March 11, 2025. Unsatisfied with the School’s response, Ms. Roche petitioned this office, and this appeal, SPR25/0765, was opened as a result. 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, § 10A(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). 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

Dr. Joel Jocelyn SPR25/0765 Page 2 April 1, 2025 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. Att’y 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. Current Appeal In her appeal, Ms. Roche stated: The exemptions cited under G.L. c. 4, § 7(26)(l) and G.L. c. 66, § 10(a) do not appear relevant to the documents I requested. The completed rubric and scoring sheet used to evaluate my NHS application is a record of my individual evaluation, not a “scoring key” for repeated assessments. Additionally, my request for the minimum point threshold required for NHS acceptance is a request for factual information, not an attempt to have a question answered. The School’s March 11th Response In its March 11, 2025 response, regarding Item 1 of the request, the School indicated that it possessed “a document responsive to [the] request” and cited Exemption (l) of the Public Records Law to withhold the record in its entirety. Regarding Item 2 of the request, the School stated, “[t]his . . . seeks an answer to a question. The District is not required to answer questions, do research, provide information, or create documents. See G. L. c. 66, § 10(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977).” Exemption (l) Exemption (l) permits the withholding of records that are: questions and answers, scoring keys and sheets and other materials used to develop, administer or score a test, examination or assessment instrument; provided, however, that such materials are intended to be used for another test, examination or assessment instrument G. L. c. 4, § 7(26)(l). There are no authoritative Massachusetts decisions interpreting Exemption (l). The general purpose of Exemption (l) is to prevent individuals from gaining an unfair advantage by accessing test questions and test answers prior to the administration of an examination. As long as the same materials are used to administer subsequent examinations, the custodian of records may continue to withhold the materials pursuant to Exemption (l).

Dr. Joel Jocelyn SPR25/0765 Page 3 April 1, 2025 Under Exemption (l), regarding Item 1 of Ms. Roche’s request, the School argues the following: The requested document contains questions and scoring keys and is used to administer an assessment to determine entry to the National Honor Society. These questions and scoring keys are used on a repeated basis to assess applicants’ entry to the National Honor Society. Accordingly, the document is being withheld from disclosure. The District further understands that you represent that you have received a copy of the rubric since the District’s response on January 8, 2025. This does not waive the District’s right to withhold documents at this time, and the District is conducting an internal review concerning this unauthorized disclosure of documents. Where the School has indicated in its response that the requested document is used to conduct an assessment, and it has explained that it will use the document in future assessments, I find that the School has met its burden to withhold the record responsive to Item 1 of Ms. Roche’s request pursuant to Exemption (l) of the Public Records Law. Records in Existence 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). Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). In accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Based on the School’s response, and the information provided in Ms. Roche’s appeal petition, it is unclear whether the School possesses records responsive to Item 2 of the request. The School must clarify this matter. Conclusion Accordingly, the School is ordered to provide Ms. Roche with a response to her 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. Ms. Roche may appeal the substantive nature of the School’s response within ninety days. See 950 C.M.R. 32.08(1).

Dr. Joel Jocelyn SPR25/0765 Page 4 April 1, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Melissa Roche