Natalie-Ortiz Milanes v. Springfield, City of - Public Schools (SPR 20253432)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 4, 2025 SPR25/3432 Justin P. Morin Public Records Coordinator City of Springfield Law Department 36 Court Street, Room 305 Springfield, MA 01103 Dear Mr. Morin: I have received the petition of Natalie Ortiz appealing the response of the Springfield 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 27, 2025, and again on November 17, 2025, Ms. Ortiz referred to a named individual, and submitted the following request: I am requesting, again, the complete file, including: 1. All internal staff notes referencing [a named individual] or myself 2. All notes, logs, or observations by teachers, aides, counselors, and administrators 3. All emails or other electronic communications referencing [a named individual] or myself 4. All mandated reporter documentation created by the school 5. Any and all school-generated reports or communications to DCF 6. Counseling, guidance, intervention, or behavioral notes 7. Any forms, logs, or documents not previously released Please provide the complete student record within 5 business days as required by law. If the school intends to withhold any portion of the record, you must cite the specific exemption under FERPA or 603 CMR 23.07 and provide a written explanation for the denial. The School responded on October 31, 2025 and November 17, 2025. Unsatisfied with the School’s response, Ms. Ortiz petitioned this office, and this appeal, SPR25/3432, was opened as a result. Subsequent to the opening of this appeal, the School provided a further response on November 20, 2025. 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

Justin P. Morin SPR25/3432 Page 2 December 4, 2025 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 Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Ms. Ortiz’s status as a parent will play no role in a determination as to whether the records should be disclosed or redacted under the Public Records Law. It is unclear if Ms. Ortiz may have a greater right of access to the responsive records outside the Public Records Law. The parties are encouraged to communicate to determine if there is another means affording Ms. Ortiz a greater right of access to the responsive records. 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 Responses In its October 31, 2025 response, the School provided numerous responsive records, and in its November 17, 2025 response, confirmed that it had provided the records. In its November 20, 2025 response, the School cites G. L. c. 71, § 34E, as it operates through Exemption (a) of the Public Records Law, and further explains the following: Notwithstanding, student records can be accessed by the student’s parent or guardian. Accordingly, Ms. Ortiz’s request has been forwarded directly to the School Department’s Office of Legal Services for further review and response.

Justin P. Morin SPR25/3432 Page 3 December 4, 2025 Any questions regarding this process can be directed to . . . the Springfield Public Schools Department’s Office of Legal Services. Current Appeal In her appeal petition, among other things, Ms. Ortiz states that she “submitted a formal request for [a specific] full school file, and despite follow-up communication, the school has not provided the records.” She further explains that she “request[s] the assistance of [the Supervisor of Records] office in obtaining the full, complete student file as required under the Public Records Law, M.G.L. c. 66 § 10.” In correspondence included with her appeal petition, Ms. Ortiz further argues that “under FERPA (20 U.S.C. § 1232g) and the Massachusetts Student Records Regulations (603 CMR 23.00), a parent has the legal right to access all parts of the student record.” She goes on to argue that “pursuant to 603 CMR 23.07(2), the school is required to provide complete access to the student record within 10 days of my request. The record must include all information kept by the school that is organized and maintained about the student, regardless of format (paper, electronic, email, or internal documentation).” She also argues, “if the school intends to withhold any portion of the record, [the school] must cite the specific exemption under FERPA or 603 CMR 23.07 and provide a written explanation for the denial.” Mr. Ortiz is advised that the Office of the Supervisor of Records is statutorily empowered with the authority to determine the public record status of government records. See G. L. c. 66, § 10. Further, in compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has been alleged. See G. L. c. 66, § 10A(a). Please note that alleged violations of Department of Elementary and Secondary Education regulations are outside the jurisdiction of this office. See 603 C.M.R. 23.00. Given that such issues do not fall within the authority of this office, I am unable to address such issues in this determination. Conclusion Accordingly, I will now consider this administrative appeal closed. Ms. Ortiz is advised that she may wish to contact the Department Elementary and Secondary Education concerning these matters. Sincerely, Manza Arthur Supervisor of Records cc: Natalie Ortiz