Alexandra Orn v. Ludlow, Town Of -- Public Schools (SPR 20251144)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 29, 2025 SPR25/1144 Sue Santos Administrative Assistant to the Superintendent Ludlow Public Schools 205 Fuller Street Ludlow, MA 01056 Dear Ms. Santos: I have received the petition of Alexandra Orn and Delton DeVose II (requestors) appealing the response of the Ludlow 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 April 1, 2025, the requestors sought the following records from December 13, 2024 to the present: [1] Any and all records pertaining to the investigation between [identified individuals]. [2] Any handwritten notes and typed notes related to this investigation and incident. [3] Any and all emails pertaining to this investigation and incident. [4] Any and all correspondence between the East Street Elementary School to Ludlow Boys and Girls Club regarding this incident. [5] Email correspondence from [an identified individual] to the bus company requesting the bus camera video footage for an incident that occurred on December 13th, 2024. [6] Any and all emails pertaining to this investigation and incident between [four identified individuals]. [7] The bullying policy and procedures handbook. [8] Any investigation files or disciplinary records for [three identified individuals]. [9] Job description for the school adjustment counselor hired. The School provided a response on April 15, 2025. Unsatisfied with the School’s response, the requestors petitioned this office and this appeal, SPR25/1144, was opened as a result. 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

Sue Santos SPR25/1144 Page 2 April 29, 2025 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). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. See G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney 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. If there are any fees associated with a response a written, good faith estimate must be provided. See G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The School’s April 15th Response In its April 15, 2025 response, the School stated, “...we need a bit more time to gather information for your request. We hope to respond back to you on or before April 25, 2025.” Current Appeal In their April 25, 2025 appeal to this office, the requestors stated, “as of today’s date, no records have been received. We respectfully request that all responsive documents be provided by Ludlow Public Schools as soon as possible.” Timeliness in Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes

Sue Santos SPR25/1144 Page 3 April 29, 2025 set forth herein. G. L. c. 66, § 10(b)(vi). Where the requestors submitted their request on April 1, 2025, and the School has not provided the responsive records, I find the School has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Consequently, I find the School must provide an estimated date as to when it intends to complete its review and provide the responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the School must provide responsive records on a rolling basis. Conclusion Accordingly, the School is ordered to provide the requestors with a response to the 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. The requestors 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: Alexandra Orn Delton DeVose II