Gretchen Fishman v. Department of Elementary and Secondary Education (SPR 20251452)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 27, 2025 SPR25/1452 Helene Bettencourt Records Access Officer Department of Elementary and Secondary Education 75 Pleasant Street Malden, MA 02148-4908 Dear Ms. Bettencourt: I have received the petition of Gretchen Fishman appealing the nonresponse 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 April 30, 2025, Ms. Fishman requested the following records: [1] Any documents, memoranda, emails, training materials, presentations, internal directives, or other written records shared with PRS (Problem Resolution System) supervisors that pertain to the interpretation or application of 603 CMR 28.04(5)(f), particularly as it relates to whether the ten (10) school day requirement to convene an IEP Team applies to Independent Educational Evaluations (IEEs) obtained at private expense[;] [2] Any documents, communications, or notes that explain or support [an identified] PRS Supervisor[’s] . . . March 27, 2025, statement that “the determination is based on more recent Department guidance regarding the regulatory standard since PRS issued its determination in April 2021,” as cited in response to the Complainant’s request for reconsideration of Allegation No. 1 in PRS 10872[;] [3] Any unpublished or draft guidance that has been developed, circulated, or considered by DESE or PRS that reflects a change or clarification in the Department’s interpretation of 603 CMR 28.04(5)(f) since the issuance of the April 30, 2021 PRS decision in PRS 5394. Claiming to not yet have received responsive records, Ms. Fishman petitioned this office and this appeal, SPR25/1452, 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

Helene Bettencourt SPR25/1452 Page 2 May 27, 2025 Subsequently, I learned that the Department provided Ms. Fishman with a response on May 23, 2025. Where this appeal was opened as a result of the Department’s lack of a written response, I will now consider this administrative appeal closed. Ms. Fishman may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Gretchen Fishman