Lamarre, Lloyd v. Brockton, City of - Public Schools (SPR 20260031)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 14, 2026 SPR26/0031; SPR26/0033; SPR26/0034; SPR26/0035; SPR26/0036; SPR26/0037; SPR26/0038 Bou Lim Records Access Officer Brockton Public Schools 43 Crescent Street Brockton, MA 02301 Dear Mr. Lim: I have received the petitions of Lloyd Lamarre appealing the nonresponse of the Brockton Public Schools (School) to seven (7) requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). In seven separate requests, Mr. Lamarre made the following requests: SPR26/0031 On December 2, 2025, Mr. Lamarre requested the following: [1] Publicly Posted Fire Evacuation Plans[:] Copies of the fire evacuation plan maps that are publicly posted within Downey Elementary School, showing room layouts and egress routes[;] [a]s these documents are required by law to be publicly displayed within the building and are visible to all visitors, students, and staff, they are not subject to security exemptions under MGL c. 4, § 7(26)(n)[.] [2] Fire and Safety Inspection Records[:] The most recent fire safety inspection report for Downey Elementary School[;] [a]ny fire inspection reports from the past five years[;] [a]ny notices of violation, corrective action requirements, or correspondence with the Brockton Fire Department regarding fire safety compliance[;] [c]ertificates of occupancy for the building[.] SPR26/0033 On December 8, 2025, Mr. Lamarre requested the following: 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

Bou Lim SPR26/0031; SPR26/0033; SPR26/0034; Page 2 SPR26/0035; SPR26/0036; SPR26/0037; January 14, 2026 SPR26/0038 [1] Administrative Records Regarding Program Closure or Modification[:] All correspondence, emails, text messages, directives, internal memoranda, or program review documents among any district-level or building-level administrators discussing, recommending, approving, or implementing any change to the substantially separate EI program at Arnone, including[:] closure or elimination; reduction or restructuring; relocation of students or services; creation of a successor program. Timeframe: January 1, 2023 – present[;] [2] Communications to Families[:] Any written communications sent to parents or guardians of students enrolled in the Arnone substantially separate program regarding[:] termination or relocation of the program[;] program restructuring[;] transition planning for affected students. This includes letters, emails, ParentSquare messages, and any other mass notifications[;] [3] School Committee Records[:] Any School Committee meeting agendas, minutes, packets, presentations, votes, or briefing materials referencing[:] discontinuation, restructuring, or relocation of the Arnone program; staffing or budget actions affecting that program; approval or review of substantially separate programming. Timeframe: January 1, 2023 – present[;] [4] Staff Assignment or Reassignment Records[:] Any internal communication with teachers, paraprofessionals, BCBAs, clinicians, or building administrators regarding[:] reassignment of staff formerly assigned to the Arnone substantially separate EI program[;] redistribution of caseloads[;] program staffing changes due to program closure or redesign. This includes HR communications, internal memos, and emails[;] [5] Identification of Decision-Maker(s) and Decision Date[:] All documents identifying[:] the specific date on which the Arnone substantially separate EI program was formally closed, eliminated, or modified; the individual(s) who approved or authorized this decision; any program change proposals, analyses, cost reviews, or justification documents. If no such documents exist, please state so explicitly[;] [6] DESE Notifications[:] Any records of communication with the Department of Elementary and Secondary Education (DESE) regarding[:] notice of program closure; amendments to program approval; required program description submissions; correspondence with PQA or the Special Education Planning & Policy Unit. This includes any Program Description Change Forms or required filings per 603 CMR 28.09 and DESE program approval procedures[;] SPR26/0034 On December 2, 2025, Mr. Lamarre requested the following:

Bou Lim SPR26/0031; SPR26/0033; SPR26/0034; Page 3 SPR26/0035; SPR26/0036; SPR26/0037; January 14, 2026 SPR26/0038 [1] Publicly Posted Fire Evacuation Plans[:] Copies of the fire evacuation plan maps that are publicly posted within Downey Elementary School, showing room layouts and egress routes[.] As these documents are required by law to be publicly displayed within the building and are visible to all visitors, students, and staff, they are not subject to security exemptions under MGL c. 4, § 7(26)(n)[.] [2] Fire and Safety Inspection Records[:] The most recent fire safety inspection report for Downey Elementary School[;] [a]ny fire inspection reports from the past five years[;] [a]ny notices of violation, corrective action requirements, or correspondence with the Brockton Fire Department regarding fire safety compliance[;] [c]ertificates of occupancy for the building[.] [3] Room Designation and Use Documentation[:] Documentation identifying the designated educational use of rooms in the substantially separate special education program area, including any rooms designated for student behavioral intervention, regulation, calming, or time-out purposes[;] [t]his request seeks educational program information, not security infrastructure[.] [4] Behavioral Intervention Policies and Protocols[:] Written policies or protocols governing the use of any rooms or spaces for student behavioral intervention, time-out, or calming purposes in the substantially separate special education program[;] [t]his request seeks educational policies, not security procedures[.] [5] Staff Training Records[:] Training records for staff in the substantially separate special education program related to the use of behavioral intervention rooms or spaces, physical restraint, or seclusion[;] [d]ocumentation of compliance with 603 CMR 46.00 training requirements[.] [6] Incident Documentation[:] Incident reports from the 2024-2025 and 2025- 2026 school years documenting use of behavioral intervention rooms, seclusion, or physical restraint in the substantially separate special education program[;] [s]tudent names and identifying information may be redacted pursuant to FERPA[;] [t]his request seeks educational incident documentation, not security incident reports[.] SPR26/0035 On December 22, 2025, Mr. Lamarre requested the following: [1] Fire evacuation plans, floor plans, and room designations[;] [2] Fire and life-safety inspection records and occupancy approvals[;] [3] Documentation governing the designated use of rooms in the substantially separate program area[;]

Bou Lim SPR26/0031; SPR26/0033; SPR26/0034; Page 4 SPR26/0035; SPR26/0036; SPR26/0037; January 14, 2026 SPR26/0038 [4] Records concerning rooms used for behavioral intervention, regulation, time- out, or isolation[;] [5] Staff training and incident records related to use of those rooms[.] SPR26/0036 On December 12, 2025, Mr. Lamarre requested the following: [1] Infinite Campus System Records[:] Audit and Access Logs[:] [s]ystem access logs (September 1, 2025 – present) showing any user who accessed, viewed, modified, or deleted [an identified individual’s] records, including: user ID/name, date/time, specific records accessed, action taken (view/edit/delete/create), and IP address or workstation ID[;] [“a]udit Attendance table” entries documenting any attendance data removed when enrollment was ended/deleted, with dates, user, and records affected[;] “Data Change Tracker” log entries showing: user, module/field modified, before/after values, date/time, and method of change[.] [E]nrollment Records[:] Complete enrollment history (August 1, 2023 – present) including: all school assignments (Arnone Elementary, Downey Elementary, any others), start/end dates, grade levels, homeroom teachers, transfer records, and status changes[;] [e]nrollment records as of November 29, 2025 (restored from system backups if necessary)[.] [A]ttendance Records[:] [c]omplete attendance records (September 1, 2025 – present) including: daily status, absence codes/reasons, tardy records, modifications/corrections, and original entries before any modifications[;] [a]utomated attendance notification logs including: all automated calls/messages, source school (Arnone/Downey), date/time, phone numbers called, and message content[.] [2] Backup And System Records[:] [S]ystem backup files containing [an identified individual’s] complete record as of: November 29, 2025; November 3, 2025; October 31, 2025; September 1, 2025[;] [b]ackup procedures documentation including schedule, retention policy, and restoration procedures[;] [u]ser access permissions documentation showing all users with administrative access to modify/delete enrollment and attendance records, permission levels, and any changes from September 2025 to present[;] [d]ata migration documentation for any system updates or configuration changes affecting student records during 2025-2026[.] [3] Communications Regarding Records[:] [A]ll email communications (September 1, 2025 – present) regarding: modifications to [an identified individual’s] enrollment/attendance records, instructions to modify [an identified individual’s] records in Infinite Campus, or discussions about [an identified individual’s] school assignment[;] [h]elp desk tickets or IT support requests

Bou Lim SPR26/0031; SPR26/0033; SPR26/0034; Page 5 SPR26/0035; SPR26/0036; SPR26/0037; January 14, 2026 SPR26/0038 related to [an identified individual’s] student records or Infinite Campus issues affecting [an identified individual’s] records[.] [4] School Assignment Documentation[:] [S]chool assignment documents for 2025-2026 including: initial placement notifications, reassignment documentation, and documentation of the “cohort change” referenced in [an identified individual’s] December 10, 2025 email[;] [I]EP Team decisions regarding school placement from May 1, 2025 to present. [5] Automated System Records[:] [P]hone system logs showing automated absence notifications sent regarding [an identified individual] (September 1, 2025 – present), including: calling number (Arnone: . . ., Downey, or other), date/time, and completion status[;] [e]mail system logs showing automated notifications sent regarding [an identified individual’s] attendance, enrollment, or school assignment[.] [6] Metadata And Forensic Information[:] [F]ile metadata for electronic documents in [an identified individual’s] records showing: creation date/author, modification dates/users, version history[;] [d]atabase timestamps showing original creation dates, last modification dates, and deletion dates (if records were deleted)[.] SPR26/0037 On November 25, 2025, Mr. Lamarre requested the following: [1] All restraint and seclusion incident reports for the Downey Elementary SEL program for the 2024-2025 and 2025-2026 school years[;] [2] All documentation related to the use of the “calming space,” including any logs, incident reports, or other records documenting when students are placed in this room, for how long, and for what reasons[;] [3] The school’s written restraint prevention and behavior support policy and procedures[;] [4] Training records for all staff assigned to the SEL classroom regarding restraint prevention and de-escalation[;] [5] Any policies or procedures regarding the use of the “calming space”[;] [6] Any complaints, investigations, or corrective actions related to restraint, seclusion, or the “calming space” at Downey Elementary[.]

Bou Lim SPR26/0031; SPR26/0033; SPR26/0034; Page 6 SPR26/0035; SPR26/0036; SPR26/0037; January 14, 2026 SPR26/0038 SPR26/0038 On December 22, 2025, Mr. Lamarre requested the following: [1] DESE Approval and Review[:] DESE Submission and Approval Records: All documents submitted to DESE regarding timeout rooms, seclusion spaces, or de- escalation rooms at Downey Elementary from January 1, 2023 to present, including applications, architectural plans/diagrams, photographs, room specifications (dimensions, materials, door mechanisms, lighting, ventilation), safety features, and any approval letters or compliance certifications received[;] DESE Communications and Site Visits: All communications between Brockton Public Schools and DESE regarding timeout/seclusion spaces at Downey Elementary, including correspondence with [an identified individual], site visit scheduling, agendas, interview lists, materials provided during visits, and any follow-up correspondence or findings. [2] Physical Specifications and Compliance[:] [D]esign and Construction Records: Original design plans, building permits, contractor work orders, inspection reports, and photographs taken before, during, and after design, construction or renovation of the timeout room(s)[;] [c]urrent Physical Specifications: Exact room dimensions (length, width, height, square footage), wall/floor/ceiling materials, door type and locking mechanism specifications, window specifications (if any), lighting type and controls, ventilation system, and monitoring equipment (cameras, observation windows)[;] [c]ode Compliance Documentation: Fire code and building code compliance certifications, ADA accessibility review, safety assessments, emergency egress documentation, and evacuation procedures specific to the timeout room[.] [3] Policies, Procedures, and Training[:] [T]imeout Room Policies: Written policies governing use of Downey Elementary timeout room(s), including criteria for placement, maximum duration limits, supervision/monitoring requirements, documentation requirements, parental notification procedures, and review/approval processes[;] [s]taff Training: Training curricula, attendance records, required certifications for authorized staff, and training materials on restraint regulations (603 CMR 46.00) and alternatives to timeout/seclusion. [4] Usage Records - Immediate Production Required[:] We hereby renew our November 25, 2025 request and demand immediate production of the following records[:] [t]imeout Logs (September 1, 2023 – Present): Date/time, duration, staff member(s) involved, reason/trigger, student behavior during timeout, injuries or medical concerns, and parental notification documentation. Student identifiers may be redacted for other students[;] [i]ncident Reports: Reports of student injuries, property damage, staff concerns/complaints, safety violations, and any reports filed with regulatory agencies involving the timeout room[;] [r]estraint

Bou Lim SPR26/0031; SPR26/0033; SPR26/0034; Page 7 SPR26/0035; SPR26/0036; SPR26/0037; January 14, 2026 SPR26/0038 Reports: Reports filed with DESE under 603 CMR 46.00 for Downey Elementary students where timeout was used in conjunction with physical restraint[.] [5] Communications regarding [an identified individual][:] All internal and external communications from July 1, 2025 to present discussing or referencing use of the timeout room for [an identified individual], proposed use of timeout as part of [an identified individual’s] IEP or behavior plan, descriptions of the timeout room provided to [an identified individual’s] parents, suitability assessments for [an identified individual]’s needs, and any representations made to parents about DESE approval status[.] [6] Legal Compliance and Guidance[:] Legal opinions, memoranda, and regulatory guidance relied upon regarding legality of locking/latching timeout room doors, compliance with 603 CMR 46.00 (Physical Restraint Regulations), compliance with federal seclusion/isolation regulations, and the distinction between ‘timeout’ and ‘seclusion’ under Massachusetts law. [7] Comparative Data[:] List of all Brockton elementary schools with designated timeout rooms, physical specifications of each, photographs, and approval documentation for each room. Claiming to not yet have received responsive records, Mr. Lamarre petitioned this office and these appeals, SPR26/0031, SPR26/0033, SPR26/0034, SPR26/0035, SPR26/0036, SPR26/0037, and SPR26/0038 were opened as a result. Subsequently, I learned that the School provided Mr. Lamarre with a response(s) on January 7, 2026. Where these appeals were opened as a result of the School’s lack of a written response, I will now consider these administrative appeals closed. Mr. Lamarre may appeal the substantive nature of the School’s response(s) within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Lloyd Lamarre