Maureen Ronayne v. Medford, City of - Public Schools (SPR 20252318)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 19, 2025 SPR25/2318 Will Pipicelli Communications Director Medford Public Schools 489 Winthrop Street Medford, MA 02155 Dear Mr. Pipicelli: I have received the petition of Maureen Ronayne appealing the response of the Medford 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 June 16, 2025, Ms. Ronayne requested “…all data, progress monitoring, observations, tests/quizzes, [and] classwork since my last request” for five identified individuals. Previous Appeals This request was the subject of previous appeals. See SPR25/1992 Determination of the Supervisor of Records (July 24, 2025) and SPR25/2187 Determination of the Supervisor of Records (August 7, 2025). In my August 7th determination, I closed SPR25/2187 in light of the School providing a supplemental response to Ms. Ronayne. The School responded on August 7, 2025. Unsatisfied with the response, Ms. Ronayne petitioned this office and this appeal, SPR25/2318, 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). 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 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

Will Pipicelli SPR25/2318 Page 2 August 19, 2025 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. Status of the Requestor Please note that under the Public Records Law the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Ms. Ronayne’s status will play no role in a determination as the whether the records should be disclosed or withheld under the Public Records Law. The School’s August 7th Response In its August 7, 2025 response, the School withheld records pursuant to the Family Educational Rights and Privacy Act as it operates through Exemption (a) of the Public Records Law. Current Appeal In her August 8, 2025 appeal to this office, Ms. Ronayne stated, “I have not received my records…I am appealing the closure of my request as I have not received the documents.” Exemption (a) Exemption (a), known as the statutory exemption, permits the withholding of records that are: specifically or by necessary implication exempted from disclosure by statute G. L. c. 4, § 7(26)(a). A governmental entity may use the statutory exemption as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public’s right to inspect records under the Public Records Law is restricted. See Att’y Gen. v. Collector of Lynn, 377 Mass. 151, 154 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-546 (1977).

Will Pipicelli SPR25/2318 Page 3 August 19, 2025 This exemption creates two categories of exempt records. The first category includes records that are specifically exempt from disclosure by statute. Such statutes expressly state that such a record either “shall not be a public record,” “shall be kept confidential” or “shall not be subject to the disclosure provision of the Public Records Law.” The second category under the exemption includes records deemed exempt under statute by necessary implication. Such statutes expressly limit the dissemination of particular records to a defined group of individuals or entities. A statute is not a basis for exemption if it merely lists individuals or entities to whom the records are to be provided; the statute must expressly limit access to the listed individuals or entities. Family Educational Rights and Privacy Act (FERPA) “Education records” under FERPA are defined as: those records, files, documents, and other materials which contain information directly related to a student; and are maintained by an educational agency or institution or by a person acting for such agency or institution 20 U.S.C. § 1232g(a)(4)(i-ii). FERPA defines “personally identifiable information” as including, but not limited to: (a) The student’s name; (b) The name of the student’s parents or other family member; (c) The address of the student or student’s family; (d) A personal identifier, such as the student’s social security number, student number, or biometric record; (e) Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name; (f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or (g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates 34 C.F.R. § 99.3. 603 C.M.R. 23.02 defines “student record” as follows: Student Record shall consist of the Transcript and the Temporary Record, including all information--recording and computer tapes, microfilm, microfiche, or any other materials--regardless of physical form or characteristics concerning a student that is organized on the basis of the student’s name or in a way that such student may be individually identified, and that is kept by the public schools of the Commonwealth. The term as used in 603 CMR 23.00 shall mean all such

Will Pipicelli SPR25/2318 Page 4 August 19, 2025 information and materials regardless of where they are located, except for the information and materials specifically exempted by 603 CMR 23.04. 603 C.M.R. 23.02 (emphasis in original). Additionally, 603 C.M.R. 23.07(4) provides in pertinent part: Access of Third Parties. Except for the provisions of 603 CMR 23.07(4)(a) through 23.07(4)(h), no third party shall have access to information in or from a student record without the specific, informed written consent of the eligible student or the parent. 603 C.M.R. 23.07(4) (emphasis in original). In its August 7th response, the School stated: After reviewing the case further, the Medford Public Schools would like to cite the Statutory Exemption under Public Records law as reason for withholding these records at this time. We believe that a student’s classwork, test, and quizzes are part of a student’s educational record, and a student’s educational record is not a public record that anyone would be eligible to request… The district is willing to work under FERPA regulations for student records cases such as this both presently and in future in accordance with the Department of Education and Secondary Education (DESE) and FERPA law… Based on the School’s response, and where the “classwork, tests, and quizzes” of named individuals constitute “education records” as defined by FERPA, I find that the School has met its burden to withhold the requested records in their entirety pursuant to FERPA as it operates through Exemption (a) of the Public Records Law. It is my understanding that the School does not possess any additional records as reflected in the request. Conclusion Accordingly, I will now consider this administrative appeal closed. If Ms. Ronayne 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 of Massachusetts. G. L. c. 66, § 10A(c) (pursuing administrative appeal does not limit availability of applicable judicial remedies).

Will Pipicelli SPR25/2318 Page 5 August 19, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Maureen Ronayne