Gregory D. Henning, Esq. v. Framingham State University (SPR 20250929)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 10, 2025 SPR25/0929 Ann S. McDonald, Esq. Records Access Officer General Counsel and Chief of Staff Framingham State University 100 State Street Framingham, MA 01701 Dear Attorney McDonald: I have received the petition of Attorney Gregory D. Henning, of Henning Strategies, appealing the response of the Framingham State University (University) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 10, 2025, Attorney Henning requested the following “records from each of the past four school years, beginning in August 2022 to today:” [1] All Memorandum(s) of Understanding between Framingham State University (FSU) and Framingham Public Schools (FPS) for its Partners in Learning (PEL) preschool program[;] [2] All documents or communications concerning or related to the mous between FSU and FPS about the PEL preschool program[;] [3] Any and all documents and records concerning and/or related to the total amount of grant funding used to fund the PEL program at Framingham State University’s Child Development Lab, including, but not limited to grant award letters and statistical tabulations[;] [4] Any and all documents and record(s) that reflect the number of certified special education teachers in FSU’s PEL preschool program, broken down by classroom and employer (e.g. FSU, FPS, etc.)[;] [5] Communication(s), written or electronic, from the Massachusetts Department of Early Education and Care (EEC) notifying FSU of any audit, compliance review, or investigation into its Jeanne M. Canelli Child Development Lab or its 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

Ann S. McDonald, Esq. SPR25/0929 Page 2 April 10, 2025 Early Childhood Center[;] [6] Communications, written or electronic, from EEC notifying FSU of the outcome of any audit, compliance review, or investigation into its Jeanne M. Canelli Child Development Lab or its Early Childhood Center[;] [7] Communication(s), written or electronic, from the Massachusetts Department of Elementary and Secondary Education (DESE) notifying FSU of any audit, certification, compliance review, or investigation into its undergraduate or graduate education program(s)[;] [8] Communication(s), written or electronic, from DESE notifying FSU of the outcome of any audit, certification, compliance review, or investigation into its undergraduate or graduate education program(s)[;] [9] All communications from teachers or administrators in the PEL/FPS Preschools at Framingham State University concerning problematic (e.g. disruptive or dangerous) behavior from students[;] [10] Any and all injury reports made and/or submitted by FSU, FPS, or its staff from the PEL program. Previous Petitions This request was the subject of previous petitions from the University. See SPR25/0244 Determination of the Supervisor of Records (February 3, 2025) and SPR25/0264 Determination of the Supervisor of Records (February 3, 2025). In my February 3rd determinations, I found that the University established good cause for a time extension of 20 business days, but that the University had not demonstrated that it submitted a timely petition for permission to charge for time spent segregating or redacting responsive records. The University provided a response on February 25, 2025. Unsatisfied with the University’s response, Attorney Henning petitioned this office and this appeal, SPR25/0929, was opened as a result. It is my understanding that the University intends on providing a supplemental response. Accordingly, the University is ordered to provide Attorney Henning with said response in accordance with the Public Records Law, its Regulations and this order 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. Attorney Henning may appeal the substantive nature of the University’s response within ninety days. See 950 C.M.R. 32.08(1).

Ann S. McDonald, Esq. SPR25/0929 Page 3 April 10, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Gregory D. Henning, Esq.