Tracy Lincoln v. Bridgewater Raynham Regional School District (SPR 20252568)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 11, 2025 SPR25/2568 Judy MacDougall Records Access Officer Bridgewater Raynham Regional School District 166 Mt. Prospect Street Bridgewater, MA 02324 Dear Ms. MacDougall: I have received the petition of Tracey Lincoln appealing the response of the Bridgewater Raynham Regional School District (District) to a request for public records. See G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On August 15, 2025, Ms. Lincoln requested: [A]ccess to records regarding all training provided to special education teachers and staff responsible for conducting academic and/or educational assessments that may be used for evaluations and/or reevaluations for IEPs at Bridgewater Raynham High School from September 2019 to the present. Specifically, I am seeking documentation that includes: [1] Training schedules and/or materials used regarding the administration, scoring, and interpretation of standardized assessments, such as the Woodcock- Johnson IV, WIAT IV, TORC, and TOWL[;] [2] Names and qualifications of trainers or facilitators[;] [3] Attendance records for all training sessions[;] [4] Any relevant policies or guidelines related to the training of special education staff. The District responded on August 28, 2025. Unsatisfied with the response, Ms. Lincoln petitioned this office and this appeal, SPR25/2568, 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 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

Judy MacDougall SPR25/2568 Page 2 September 11, 2025 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 District’s August 28th Response In its August 28, 2025 response, the District stated, “[t]he Bridgewater-Raynham Regional School District does not maintain records responsive to your request. It is the expectation of the District that staff maintain the necessary records to ensure proper licensure. Therefore, all professional development is stored and maintained personally by each staff member for use in obtaining and maintaining state-required professional certification/recertification licensure through the Department of Elementary and Secondary Education.” Current Appeal In her August 28, 2025 appeal to this office, Ms. Lincoln stated, “I understand from the district’s response that they do not maintain these records, and the responsibility lies with individual staff members for maintaining their licensure records. However, as a stakeholder in the educational outcomes of students requiring special education services, I believe it is crucial to have transparency regarding the qualifications and training of staff performing assessments that directly impact student learning paths…I respectfully request your assistance in securing access to these records or in establishing a pathway to verify the credentials and training of educators responsible for performing educational evaluations.” In a September 11, 2025 telephone conversation between the District and the Public Records Division, the District confirmed that it does not maintain the type of records that Ms. Lincoln requested. No Duty to Create Records Please be advised, under the Public Records Law, a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to

Judy MacDougall SPR25/2568 Page 3 September 11, 2025 questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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). Ms. Lincoln may wish to contact the Department of Elementary and Secondary Education which is tasked with overseeing the licensure and preparation programs of educators in Massachusetts. See 603 CMR 7.00; see also G. L. c. 69, § 1B. Conclusion Where the District has stated that it does not possess responsive records and this office has no authority to compel the District to create records, I will now consider this administrative appeal closed. If Ms. Lincoln is not satisfied with the resolution of this administrative appeal, please be advised that this office share 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: Tracey Lincoln