Cody Edmunds v. Revere, City of - Public Schools (SPR 20253221)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 14, 2025 SPR25/3221 Dr. Richard Gallucci Records Access Officer Revere Public Schools 101 School Street Revere, MA 02151 Dear Dr. Gallucci: I have received the petition of Cody Edmunds appealing the response of the Revere 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 October 20, 2025, Mr. Edmunds requested: [1] All email communications, memoranda, meeting notes, or written records that reference [an identified individual] or any discussion of her IEP, placement, transportation, or “IGNITE” program assignment, from September 1 through the time of the execution of this request. This includes communications among district administrators, special-education staff, building principals, and transportation or zoning personnel concerning A.C. Whelan Elementary, Beachmont Elementary, or any “redesign” initiative or non-neighborhood reassignment. [2] All internal and external correspondence – including emails, drafts, attachments, or talking points – containing or referencing any of the following keywords: “IGNITE,” “redesign,” “program,” “neighborhood,” “non- neighborhood,” “zoning,” “assignment,” “attendance area,” “transportation,” “door-to-door,” “…Gibson Way,” “bus route,” “cost,” “sustainable,” “budget,” “added expense,” “efficiency,” “placement,” “transfer,” “Beachmont,” “Whelan,” “out-of-district,” “program move,” “pickup,” “drop-off,” “stop location,” “routing,” “resources,” “allocation,” “feasibility,” “staffing,” “reassignment,” “drafting,” “PWN,” “Prior Written Notice,” “addendum,” “stay-put,” “stay put,” “BSEA,” “mediation,” “due process,” “DESE,” “complaint,” “records request,” “parent advocate.” 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

Dr. Richard Gallucci SPR25/3221 Page 2 November 14, 2025 [3] All records, directives, or meeting notes documenting administrative or policy-level decisions about the redesign or reassignment of the IGNITE program between district schools, including rationales or justifications related to cost, staffing, zoning, or proximity. The School responded on October 31, 2025. Unsatisfied with the School’s response, Mr. Edmunds petitioned this office and this appeal, SPR25/3221, 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. 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 School’s October 31st Response In its October 31, 2025 response, the School stated, “[t]he records requested are the subject of dispute in administration hearings and mediation (BSEA Docket Nos. 2604601, 2604600) therefore they are exempt pursuant to 950 CMR 32.08(2)(b)(1).” Current Appeal In his appeal petition, Mr. Edmunds stated, “…the response constitutes an unlawful blanket denial and raises conflict-of-interest concerns.” Active Administrative Proceeding 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor:

Dr. Richard Gallucci SPR25/3221 Page 3 November 14, 2025 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In light of the pending matters before the Bureau of Special Education Appeals (BSEA), I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). Please note that a change in the status of these actions could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Cody Edmunds