Sarah Fox v. Department of Elementary and Secondary Education (SPR 20253846)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 14, 2026 SPR25/3846 Helene Bettencourt Primary Records Access Officer Department of Elementary and Secondary Education 135 Santilli Highway Everett, MA 02149 Dear Ms. Bettencourt: I have received the petition of Sarah Fox appealing the response of the Department of Elementary and Secondary Education (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 3, 2025, Ms. Fox requested: . . . [A]ll documents . . . Stoughton High School and DESE have pertaining to . . . [two identified individuals]. In particular, all documents that the counseling office has, provided to State or Federal entities, and/or uploaded into the Common App. In particular: [1] [An identified individual’s] counselor recommendation letter uploaded (approx 11-2024) into the Common App. . . .[;] [2] [An identified individual’s] original National Honor Society application submitted Oct 2025[.] On November 3, 2025, the Department acknowledged receipt of the request and provided the reference number P004971-110325 for tracking purposes. The Department provided responses on November 17, 2025 and November 20, 2025. Unsatisfied with the Department’s responses, Ms. Fox petitioned this office and this appeal, SPR25/3846, was opened as a result. While this appeal was pending, the Department provided a supplemental response in an email to this office and Ms. Fox on January 6, 2026. Ms. Fox objected to the Department’s supplemental January 6, 2025 response in an email to this office on the same date. Subsequently, the Department provided additional information to this office in an email on January 13, 2026. 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

Helene Bettencourt SPR25/3846 Page 2 January 14, 2026 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. Fox’s purpose in making the request has no bearing on the public status of any existing 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 Department’s November 17th, November 20th, and January 6th Responses In its November 17, 2025 response, the Department stated, “[t]his is not a public records request.” The Department further noted, “[t]he school district is obligated to keep . . . records for 60 years” and advised Ms. Fox to “reach out to the Superintendent’s Office of the school district . . . , and they can provide that for you.” The Department also provided, “links [to] [Massachusetts] law and regulations regarding student records.” In correspondence replying to the Department on the same date, Ms. Fox stated, “I have requested these records from Stoughton High School administrators. . . . These records are not being provided to me and I do not know why.” Ms. Fox additionally provided a list of six identified representatives of Stoughton High School and stated, “[t]hese are the individuals that have not been helpful, which is why I am now requesting DESE to obtain them for me.” In its November 20, 2025 response, the Department advised Ms. Fox to “reach out to the

Helene Bettencourt SPR25/3846 Page 3 January 14, 2026 State’s Supervisor of public records office. . .” and provided a link to instructions for petitioning the Supervisor of Records for an appeal of a municipality or state entity’s response, or lack thereof, to a request for records. In its supplemental January 6, 2026 response, a representative of the Department advised that the Department received Ms. Fox’s “December 30, 2025 appeal of the Department’s response to [her] request” and further stated, “. . . the Department has no records responsive to [the] request. [Ms. Fox] may have luck requesting the records . . . from the school or possibly FASFA.” Current Appeal In her December 30, 2025 appeal to this office, Ms. Fox indicates that she “filed a request for records with DESE and no action has been taken.” In her further appeal of the Department’s supplemental January 6, 2026 response, Ms. Fox states in an email to this office on the same date, “[c]ould you please help me understand how they claim to have no documentation when [an identified individual] filed 5 complaints of bullying by adults at Stoughton High School . . . [sic] These complaints are well documented and I was told were [‘]investigated[’] and [‘]dismissed[’] by DESE.” No Duty to Create Records Please be advised, under the Public Records Law the City is not required to create a record in response to the 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). Additionally, please note that under the Public Records Law, a public employee is not required to answer questions, do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). In an email to this office on January 13, 2026, counsel for the Department again advised that the Department does not possess records responsive to Ms. Fox’s November 3rd request and stated, “I confirm that we do not possess the requested counselor recommendation letter and national honor society application.” Conclusion Accordingly, where the Department has confirmed that it does not possess records responsive to the request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Ms. Fox is unsatisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies).

Helene Bettencourt SPR25/3846 Page 4 January 14, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Sarah Fox Patrick Genovese, Esq.