Sarah Joor v. Newburyport, City of - Mayor's Office (SPR 20253371)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 1, 2025 SPR25/3371 Sean Reardon Mayor City of Newburyport 60 Pleasant Street Newburyport, MA 01950 Dear Mr. Reardon: I have received the petition of Sarah Joor appealing the response of the City of Newburyport (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 13, 2025, Ms. Joor sought the following related to an identified individual for school and fiscal years 2021-22, 2022-23, 2023-24, 2024-25, and 2025-26: [1] Legal fees budgeted and actual expenditures for special education and the accounts used to pay these fees, including the amounts taken from each account, as well as any fees and/or costs paid through an insurance provider[;] [2] Legal fees expended for [an identified individual] and the accounts used to pay these fees, including the amount taken from each account and paid for my insurance[;] [a] This request should specifically answer all funding amounts that are being put towards fighting [identified individuals] in one column, budgeted legal fees in another column and actual total spending in a third column, including but not limited to all receipts and expenditures from the three law firms hired and where the money is coming from to pay these expenses including but not limited to, the city, district, insurance and/or any other sources…[;] [3] The category [an identified individual’s] expenditures are put into as a resident student receiving government funding[;] [a] On our last request, it was clear that the District was receiving funds for [an identified individual’s] education; this request specifically should be answered on where those funds were spent and/or are currently. They are not spent on educational services for [an identified individual]…[;] [4] Funds received to education [an identified individual] including, but not limited to, circuit breaker and foundation rate and per pupil rate from FY2020 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

Sean Reardon SPR25/3371 Page 2 December 1, 2025 through the present[;] [5] Any roster [an identified individual] is placed on for attendance and/or finding purposes[;] [a] [W]e request again the roster [an identified individual] was placed on for multiple school years, as requested above for the 2021-22, 2022-23, 2023-24, 2024-25, and 2025-26 school years. These are all years [an identified individual] did not receive a FAPE as stated in the facts of both our BSEA and court filings[;]] [6] Out-of-District budget and actual expenditures for out-of-district placements including any reimbursements (i.e., circuit breaker)[;] [a] Any document including, but not limited to, amendments exchanged with the Department of Elementary and Secondary Education (DESE) to adjust for actual out-of-district spending and actual spending on [an identified individual][;] [7] Accounts, receipts and expenditures and/or cancelled checks for funds that were intended to education [an identified individual] but were not used to educate [an identified individual] and/or any funding remaining at the end of each school year that should have been expended to educate [an identified individual] and/or accounts and/or funding those funds were used for instead[;] [8] All Internal and External correspondence, including but not limited to emails and memos, regarding [an identified individual] as well as referrals to proposed placements including, but not limited to, blind referrals and advocacy for any out- of-district placements, from July 1, 2023 to present for [an identified individual] and other students[;] [9] The number of students diagnosed with autism educated in-district and their category of education (i.e., out-of-district day, residential, etc.) and the grade level of those students, identifying information redacted[;] [10] The number of students in-district within 48 months of [an identified individual’s] age… The City responded on November 13, 2025. Unsatisfied with the response, Ms. Joor petitioned this office and this appeal, SPR25/3371, was opened as a result. Status of the Requestor Please note that the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See G. L. c. 66, § 10(a); see also Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Ms. Joor’s status shall have no bearing on the public status of any existing responsive records.

Sean Reardon SPR25/3371 Page 3 December 1, 2025 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. 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 City’s November 13th Response In its November 13, 2025 response, the City provided records and stated, “[a]ll records have been released, and your request has been fulfilled that were provided by the Mayor’s office. School records should be provided by the school districts RAO.” Current Appeal In her November 14, 2025 appeal to this office, Ms. Joor stated, “[t]he Mayor’s response is that all records were provided by the school district; that is not the case. There are records under the City’s care, custody and control that the school does not have access to share…” Ms. Joor also explains the following: For example, I’ve asked for legal expenditures for the City and legal expenditures specifically used to oppose [specified individuals] in court. The City has hired its own firms (at least two) to oppose [the individuals] on a civil complaint. In her October 13, 2025 request to the City, Ms. Joor stated, “[t]hese are all years [an identified individual] did not receive a FAPE as stated in the facts of both our BSEA and court filings…”

Sean Reardon SPR25/3371 Page 4 December 1, 2025 Pending Litigation 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: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. This office has reviewed the trial court’s docket and verified that the requested records are the subject of active and ongoing litigation in the Essex Superior Court. See William Joor, et al. v. Bureau of Special Education Appeals, et al., (Docket No. 2477CV00759) (September 4, 2025). In light of the active litigation, I decline to opine on the matter at this time. See 950 C.M.R. 32.08(2)(b). Please note that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Sarah Joor