Jenn Ferri v. Attleboro, City of - Public Schools (SPR 20251628)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 17, 2025 SPR25/1628 David Sawyer Superintendent Attleboro Public School District 100 Rathbun Willard Drive Attleboro, MA 02703 Dear Superintendent Sawyer: I have received the petition of Jenn Ferri appealing the response of the Attleboro Public School District (School/District) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 20, 2025, Ms. Ferri requested: [1] Aspen Search Logs a. A record of all Aspen system searches conducted by [an identified individual] between March 4 and March 18, 2025, including but not limited to March 17 around 11:40 am. b. This should include time stamps, and the categories of data accessed (e.g., disciplinary, IEP, health), with student names redacted to protect privacy. [2] Student Record Access Logs a. Any system-generated logs showing student records reviews by [an identified individual] during the same date range. b. Please include what types of information were accessed, even if redacted for identifying details. [3] Justification Documentations a. Any documentation where [an identified individual] provided a reason for accessing records of students not assigned to her caseload. [4] Policies and Training Materials a. Current district or school policies on staff access to student records in Aspen. b. Training materials or staff guidelines regarding: i. FERPA compliance ii. Confidentiality and proper use of student data iii. Disclosure of student information to other students or unauthorized parties iv. Consequences for data misuse or breaches 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

Superintendent David Sawyer SPR25/1628 Page 2 June 17, 2025 [5] Complaints or Investigations (Past 3 Years) a. Any prior formal or informal complaints, investigations, or disciplinary actions involving [an identified individual] related to student information access or disclosure. b. Any similar incidents involving other staff member accessing or disclosing student information without proper authorization. [6] Parent Notification Protocols a. Any policy outlining when parents are notified if their child’s records are accessed by someone not assigned to them as a counselor, case manager, or teacher. Previous Appeals This request was the subject of previous appeals. See SPR25/0935 Determination of the Supervisor of Records (April 15, 2025) and SPR25/1267 Determination of the Supervisor of Records (May 19, 2025). In my May 19th determination, I found that the School did not meet its burden to withhold responsive records for Items 2 and 5 under Exemptions (a) and (c) of the Public Records Law, respectively. Further, I found that the School confirmed it had no records and had no duty to create records for Items 3, 4a, and 6. The School provided a response on June 2, 2025. Unsatisfied with the School’s response, Ms. Ferri petitioned this office and this appeal, SPR25/1628, was opened as a result. Subsequently, the School provided a supplemental response to this office on June 13, 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. 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. 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.

Superintendent David Sawyer SPR25/1628 Page 3 June 17, 2025 Current Appeal In her appeal, Ms. Ferri states: In both the April 3 and June 2, 2025 responses from the Attleboro Public Schools, the District failed to provide any documentation or explanation related to a student visit that allegedly occurred on March 17, 2025, involving my daughter and school staff member... My daughter reported that she visited [an identified individual’s] office on that date around 11:40 a.m. However, there are no records whatsoever reflecting this interaction — despite the District’s own stated policies that all such student visits, scheduled or unscheduled, must be documented. The School’s June 2nd and 13th Responses In its June 2, 2025 response, the School states, “[i]n response to Request No. 1, upon further inquiry and a comprehensive search the District asserts that it has furnished all responsive documents in the District’s custody, control, or possession in our responses dated April 3, 2025. In response to Request No. 2, upon further inquiry and a comprehensive search, the District has found that it does not have in its custody, control, or possession any documents responsive to Requests as written.” In its June 13, 2025 response, the School states, “the District is not claiming any exemption regarding the original documents requested. The District has either furnished all responsive documents to the request as written in its previous response or the District does not have documents in its custody, control, or possession that are responsive to the request as written, as was previously noted in our prior response.” No Duty to Create Records Please note that 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). Further, 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). However, 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). In a telephone call between a staff attorney of the Public Records Division and the School on June 12, 2025, the School confirmed that it searched for and has found no additional responsive records to Ms. Ferri’s request, and that it is not claiming any exemption to withhold any responsive records.

Superintendent David Sawyer SPR25/1628 Page 4 June 17, 2025 Conclusion Where the School confirmed that it does not possess additional records responsive to Ms. Ferri’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Ms. Ferri is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Jenn Ferri