John Arlauskas v. Winthrop, Town of (SPR 20253002)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 23, 2025 SPR25/3002 Denise Quist Records Access Officer Town of Winthrop One Metcalf Square Winthrop, MA 02152 Dear Ms. Quist: I have received the petition of John Arlauskas appealing the response of the Town of Winthrop (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 4, 2025, Mr. Arlauskas sought the following regarding Winthrop Public Schools, School Year 2025-26: [1] Job descriptions/minimum qualifications for reading specialist/structured literacy/ OG roles[;] [2] List of staff who deliver dyslexia/structured literacy interventions (training/ certifications such as OG practicum, CERI/CALP, Wilson/MSE, dates)[;] [3] Titles/editions of dyslexia/reading intervention programs, scope/sequence, and fidelity tools (checklists/observation rubrics)[;] [4] Caseloads and group-size limits for those providers[;] [5] Any contracts/MOUs with outside agencies for OG/Structured Literacy services[;] [6] District guidance implementing DESE dyslexia/early literacy guidance[;] [7] SY 2025-26 aggregated schedule templates showing typical minutes/week for Tier 3/IEP reading interventions K-5 (no student PI). The Town responded on October 13, 2025. Unsatisfied with the Town’s response, Mr. Arlauskas petitioned this office and this appeal, SPR25/3002, 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

Denise Quist SPR25/3006 Page 2 October 23, 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. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Att’y 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 Town’s October 13th Response In its October 13, 2025 response, the Town stated the following: Item #6: The Winthrop Public Schools Early Literacy Screening follows the Massachusetts Department of Elementary and Secondary Education Early Literacy Screening Guidance document and the DESE created MA Dyslexia Guidelines as the guiding document. The guidance documents can be found here. Item[s] #1, 2, 3, 4, 5, & 7: After a diligent search, Winthrop Public Schools has determined that it does not have any existing records responsive to items numbered 1, 2, 3, 4, 5 and 7. Current Appeal In his October 14, 2025 petition to this office, Mr. Arlauskas stated, “[o]n October 13, 2025, the Town…reported that after a ‘diligent search,’ it possessed no existing records responsive to six of seven categories in my request, which sought standard administrative information related to dyslexia and structured literacy services…These categories represent routine administrative and instructional records that any district would maintain through its HR, Special Education, Curriculum, or Business Offices… Based on Mr. Arlauskas’s petition and the Town’s response, it is unclear whether the Town possesses responsive records. 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). Consequently, the Town must clarify whether it possesses responsive records.

Denise Quist SPR25/3006 Page 3 October 23, 2025 Conclusion Accordingly, the Town is ordered to provide Mr. Arlauskas 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. Arlauskas may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: John Arlauskas