Jason Alfred v. Attleboro, City of - Public Schools (SPR 20253503)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 11, 2025 SPR25/3503 David Sawyer Superintendent Attleboro Public School District 100 Rathbun Willard Drive Attleboro, MA 02703 Dear Superintendent Sawyer: I have received the petition of Jason Alfred appealing the response of the Attleboro Public School District (School/District) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 10, 2025, Mr. Alfred submitted the following request: Pursuant to M.G.L. c.71 §34E, 603 CMR 23.07, and 34 C.F.R. §99.10(a), I am formally requesting access to and copies of all educational and administrative records in which [a specific] name, or that of [an identified individual], appears in any capacity for the following: [1] Parent Communication Boundary/Separate Email Request (Week of November 3-7, 2025) [a] Any internal or external correspondence between Attleboro Public Schools staff referencing [an identified individual’s] instruction to separate communications between [two identified individuals] regarding [identified individual(s)][;] [b] Any related discussion about handling or routing of future updates or communications as a result of that directive[;] [2] Classroom Observation and Related Communications (Week of November 3- 7, 2025)[:] Any emails, notes, or internal messages referring to or discussing [an identified individual’s] classroom observation, scheduling of that observation, or staff reactions to [an identified individual’s] presence during that session[;] [3] Rooms App Access Restriction (Week of November 3-7, 2025) [a] Any internal communications, directives, or technical requests 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

Superintendent David Sawyer SPR25/3503 Page 2 December 11, 2025 referring to or resulting in the removal, restriction, or modification of [an identified individual’s] parent access to the Rooms platform[;] [b] Include all messages or discussions referencing that change or any coordination between staff and administration regarding Rooms access. Please include all relevant correspondence between, but not limited to [five identified individuals] [and] [any] other staff copied or involved in these communications. The School provided a response on November 20, 2025 and November 24, 2025. Unsatisfied with the School’s responses, Mr. Alfred petitioned this office and this appeal, SPR25/3503, was opened as a result. While this appeal was pending, the School provided a supplemental response to Mr. Alfred and this office on December 8, 2025, and again to this office on December 9, 2025 following email delivery issues. 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. 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, Mr. Alfred’s status will play no role in a determination as to whether the records should be disclosed or redacted under the Public Records Law.

Superintendent David Sawyer SPR25/3503 Page 3 December 11, 2025 Current Appeal In his November 25, 2025 appeal petition, Mr. Alfred contends that in response to Items 1 and 2 of his request, “[t]he [School] failed to produce any responsive documents. . .” He further argues, “[instead] of performing an adequate search under G. L. c. 66, §10 and 950 CMR 32.06, the [School] responded by producing . . . [a] 21-page packet of unrelated student documents[.]” In correspondence included with his appeal, Mr. Alfred further categorizes the School’s November 20, 2025 response to Items 1 and 2 of his request as “attempting to pass [its response] off as compliance with [a separate] FERPA request [he] submitted on November 19.” He additionally argues that the School’s November 20th response violates the Family Educational Rights and Privacy Act (FERPA) by “not [providing] access to the full educational record as required” and cites the rights of certain individuals to inspect and review education records as enumerated in 34 C.F.R. §99.10 in support of his claim. Mr. Alfred further states that the School’s November 20th response “delivered zero of the requested items” and emphasizes that “603 CMR 23.07(2)[.]” requires “access to student records within 10 days.” Additionally, he maintains that the School’s November 20th response failed to comply with “603 C.M.R. 23.04 [sic] – Full Access to the Student Record” by “not [providing] the complete record” and claims the School’s “failure to implement mandated safeguards” violates “603 C.M.R. 28.07(1)(a)[.]” In his appeal, Mr. Alfred also maintains that the School possesses records responsive to Item 3 of his request and provides a copy of an email chain as, “direct evidence that such correspondence does exist[.]” Upon review, the email chain contains correspondence between School representatives and an identified individual concerning the subject of “Parent Access Concern – Rooms Platform (October 2025)[,]” with individual emails in the chain dating from October 24, 2025 to October 27, 2025. The School’s November 20th, November 24th and December 8th Responses In its November 20, 2025 response, the School confirmed receipt of Mr. Alfred’s “request for educational records and public records” and advised that it was specifically writing, “in response to the educational records request[,]” or, as indicated in its response, to Items 1 and 2 of Mr. Alfred’s request. The School additionally provided multiple pages of unreacted records and further advised that it did not possess any additional records responsive to Item 1 and 2. In its November 24, 2025 response, regarding Items 1 and 2 of Mr. Alfred’s request, the School further advised the following: Because your request cited the relevant student record statutes, the District reviewed the requested materials under 603 CMR 23.00. In consideration of the definitions of student record and temporary record under 603 CMR 23.02, the District determined that Request Nos. 1 and 2 constitute student records and has provided you with the responsive documents in the custody, control, or possession of the District relevant to those requests on November 20, 2025, consistent with

Superintendent David Sawyer SPR25/3503 Page 4 December 11, 2025 603 CMR 23.07(2). Also in its November 24, 2025 response, regarding Item 3, the School stated that it “does not have any documents responsive to the request in its custody, control, or possession.” In its supplemental December 8, 2025 response, the School confirmed that it “does not have any records responsive to [Item 3] . . . within its custody, control, or possession for . . . November 3-7, 2025.” In explaining its position, the School stated that Mr. Alfred “submitted twenty-one (21) Public Records Requests on October 27 and 29, 2025[.]” Of these requests, “several . . . sought records relating to any modification of [an identified individual’s] Rooms/Apptegy parent access during October 18-27, 2025[.]” In responding to the requests regarding the modification of the individual’s “Rooms/Apptegy parent access during October 18- 27, 2025” the School “produced all responsive records in its custody and control at that time.” The School additionally states that it “maintains that it has no responsive records for [Item] . . . 3” after, “confirming with the relevant custodians and re-reviewing the prior search parameters and the results. . . .” Issues Outside the Authority of this Office; No Duty to Create Records Mr. Alfred 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. 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 the U.S. Department of Education and the Department of Elementary and Secondary Education regulations are outside the jurisdiction of this office. See 34 C.F.R. § 99; see also 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 concerning Items 1 and 2 of Mr. Alfred’s request in this determination. Additionally, please note that under the Public Records Law, a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). 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). Consequently, where the School has confirmed that it does not possess records responsive to Item 3 of Mr. Alfred’s request, and has no duty to create records responsive to Item 3 of the request, I find that this portion of Mr. Alfred’s appeal is resolved. Conclusion Accordingly, I will now consider this administrative appeal closed. If Mr. Alfred is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies).

Superintendent David Sawyer SPR25/3503 Page 5 December 11, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Jason Alfred