Math Parents Belmont v. Belmont, Town of - Public Schools (SPR 20253162)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 7, 2025 SPR25/3162 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 11, 2025, the requestor sought the following: With regard to i-Ready, all records related to: [1] all dates that an i-Ready test was given to students from January 1, 2022 to the present, specifying the grade level and subject matter of each administered test [2] the amount of time in minutes that students were provided to complete each of the foregoing i-Ready tests and if time was unlimited, please provide the time in minutes that was blocked off for the majority of students to complete each test [3] all records of the de-identified and/or anonymized individual and/or aggregate results of students who have taken the i-Ready test, by grade level and subject matter, including but not limited to the i-Ready Prerequisites Reports generated from students’ i-Ready Diagnostic data, during the 2022-2023, 2023-2024 and 2024-2025 school years. The School responded on July 11, 2025, July 24, 2025, August 4, 2025, and September 8, 2025, and assigned reference number 25-982 to this request. Unsatisfied with the School’s responses, the requestor petitioned this office and this appeal, SPR25/3162, 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 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 SPR25/3162 Page 2 November 7, 2025 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. 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 contend that: The RAO responded by: [1] Producing two limited pdf spreadsheets for the 2024–2025 school year and a statement that students were given “90–120 minutes with additional time as needed” without providing records of how much time was attributed to the various tests or grades. [2] Not producing any records relative to the 2022–2024 school years, despite results being produced to some families, public statements from district personnel dating back to 2023 stating they were collecting and analyzing data during the 2022-23 and 2023-24 school years and the results were being considered in placement decisions. The School’s Responses On July 11, 2025, the School acknowledged receipt of the request. In its July 24, 2025 response, the School provided two responsive records, and explained the following: For requested information for 2022-2023, 2023-2024 please see your previous requests #23-491, #24-219 and #25-402[:] [1] dates are included in these released documents Request25-982 iReady ELA 2024-2025 and Request 25-982 iReady Math 2024-2025 [2] students were given 90-120 minutes for the test with additional time as need [3] see these released documents Request25-982 iReady ELA 2024-2025 and Request 25-982 iReady Math 2024-2025

Artemis Tingos SPR25/3162 Page 3 November 7, 2025 [a] Request25-982 iReady ELA 2024-2025.pdf [b] Request25-982 iReady Math 2024-2025.pdf Additionally, in its July 24th response, the School stated that “[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.” In its August 4, 2025 response, the School provided the same records in an excel format. The School responded, “[n]o other records exist that are responsive to the request. BPS is not required to create a document or report.” On September 8, 2025, the School released two additional files and responded, “[p]lease find two additional documents that were used for the BPS Elementary School Student learning Update presentation on March 25, 2025. Other information from iReady (graphics) were imbedded directly into the presentation.” Additional Records Based on the requestor’s appeal and the School’s responses, it is unclear if the School possesses additional records responsive to the request. Specifically, the School must clarify whether it possess additional records “of how much time was attributed to the various tests or grades” and records “relative to the 2022–2024 school years.” 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 requestors 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).

Artemis Tingos SPR25/3162 Page 4 November 7, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Belmont Math Parents