Russ Williston v. Nashoba Regional School District (SPR 20252829)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 6, 2025 SPR25/2829 Ross Mulkerin Records Access Officer Nashoba Regional School District 50 Mechanic Street Bolton, MA 01740 Dear Mr. Mulkerin: I have received the petition of Russ Williston appealing the response of the Nashoba 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 September 11, 2025, Mr. Williston requested: Grade data recorded in PowerSchool for Honors Physics Courses at Nashoba Regional High School for the 2024-2025 school year. Including: - Instructor for the section[;] - The students sex[;] - The assignment name (or marking period for end of period or final grades)[;] - The recorded grade[.] The District responded on September 25, 2025. Unsatisfied with the District’s response, Mr. Williston petitioned this office and this appeal, SPR25/2829, 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. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. 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

Ross Mulkerin SPR25/2829 Page 2 October 6, 2025 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. The District’s September 25th Response In the District’s September 25, 2025 response, the District stated, “[t]here are no responsive documents to your request.” Current Appeal In his appeal petition, Mr. Williston stated, “[i]t is inconceivable that the Nashoba Regional School district does not have any grade data for its 2024-2025 Honors Physics course… I am able to log in to the PowerSchool portal with my parent login and can see responsive records for my student.” In a telephone conversation between the District and this office on September 29, 2025, the District stated that it would be reaching out to counsel to discuss the request. Based on the District’s response and the information provided in the appeal petition, it is unclear whether the District possesses records responsive to Mr. Williston’s request. 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). To the extent that the referenced records exist, I find the District must provide them in a manner consistent with Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). Conclusion Accordingly, the District is ordered to provide Mr. Williston 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. Mr. Williston may appeal the substantive nature of the District’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Ross Mulkerin SPR25/2829 Page 3 October 6, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Russ Williston