Math Parents Belmont v. Belmont, Town of - Public Schools (SPR 20253161)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 7, 2025 SPR25/3161 Artemis Tingos Records Access Officer Belmont Public Schools 644 Pleasant Street Belmont, MA 02478 Dear Ms. Tingos: I have received the petition of Belmont Math Parents (requestor), appealing the response of Belmont 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 July 1, 2025, the requestor requested: With regard to MDTP (Mathematics Diagnostic Testing Project), all records related to: - the de-identified and/or anonymized individual and/or aggregate results of students who took a MDTP test, by grade level and subject matter, including but not limited to section/topic specific reports generated from students’ diagnostic data, during the 2024-2025 school year, including during the preceding and succeeding summers. The School responded on July 11, 2025, July 17, 2025, and September 15, 2025, and assigned reference number 25-981 to this request. Unsatisfied with the School’s responses, the requestor petitioned this office and this appeal, SPR25/3161, 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). 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

Artemis Tingos SPR25/3161 Page 2 November 7, 2025 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. Current Appeal In the appeal petition, the requestor contends that: [1] No records were produced for the first round of 2025 6th Grade assessments (7th or 8th Grade Readiness tests), even though results were emailed to families, were accessible via the MDTP platform and were used by district personnel to make placement decisions. [2] RAO produced one spreadsheet related to the second round of 2025 6th Grade assessments (Algebra 1 test) and five spreadsheets related to various tests given to 8th Graders and High Schoolers[.] [3] Requester cited the March 26, 2025 assessment results (first round of 6th grade tests) and asked for the results[.] [4] RAO refused to produce the results, falsely stating “As indicated previously, All records that were responsive to your request #25-403 of April 2, 2025*** were released. If you are looking for a specific public document, please submit a new records request. Do not use this as an email thread. The more specific the better.” [5] Internal records produced under a later, separate request (#25-1254) confirmed that these results existed and were available to the RAO at the time of the request. [6] Requester notified the RAO of the records produced in response to Request #25- 1254 and asked for the records to be released. [7] RAO did not respond[.] The School’s July 11th, July 17th and August 6th Responses On July 11, 2025, the School acknowledged receipt of the request. On July 17, 2025, the School responded, “[p]lease see your previous request 25-403 for grade 7 and grade 8 assessments which were already released to you.” Additionally, the School provided the following six documents: [1] MDTP - Alg 1 Readiness.pdf [2] MDTP Readiness Assessment - Gr8 Alg 2.pdf [3] MDTP Readiness Assessment - HS Alg 2.pdf

Artemis Tingos SPR25/3161 Page 3 November 7, 2025 [4] MDTP Readiness Assessment - Gr8 PreCalc.pdf [5] MDTP Readiness Assessment - HS Calc.pdf [6] MDTP Readiness Assessment - HS PreCalc.pdf Additionally on July 17th, the School responded, “[y]our Public Records Request has been fulfilled. We have released all of the requested records to you. To view the entire document, be sure to click the down arrow to fully download it completely. We now consider your request closed.” On September 15, 2025, the School responded, “[a]s indicated previously, [a]ll records that were responsive to your request #25-403 of April 2, 2025 . . . were released. This request was closed on April 10, 2025. If you are looking for a specific public document, please submit a new records request. . . . The more specific the better.” Additional Records Based on the information provided in the requestor’s appeal petition and the School’s response, it is unclear if the School possesses additional records responsive to the request. Specifically, the School must clarify whether it possess additional MDTP results for “the first round of 2025 6th Grade assessments (7th or 8th Grade Readiness tests).” 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). Custodians are expected to use their superior knowledge of the records in their custody to assist requestor in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the School must clarify whether it possesses additional records responsive to the request. Conclusion Accordingly, the School is ordered to provide the requestor 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. The requestor may appeal the substantive nature of the School’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Belmont Math Parents