DaSilva, Ana v. Dartmouth, Town of - Public Schools (SPR 20260120)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 28, 2026 SPR26/0120 Kathleen Genthner Executive Administrative Assistant to the Superintendent Dartmouth Public Schools 8 Bush Street Dartmouth, MA 02748 Dear Ms. Genthner: I have received the petition of Ana DaSilva appealing the nonresponse of the Dartmouth Public Schools (School/DPS) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 18, 2025, Ms. DaSilva requested the following related to “the total cost of the Carnegie Learning math curriculum (including MATHia)”: [1] Contracts, agreements, purchase orders, invoices, quotes, or statements of work related to Carnegie Learning[;] [2] Any payments made to Carnegie Learning, including dates, amounts, and funding sources[;] [3] Emails or memos between the district and Carnegie Learning about pricing, licensing, or renewals[;] [4] Any grant applications or awards used to pay for Carnegie Learning[;] [5] Any cost-benefit analyses, presentations, or reports related to the adoption[;] [6] Any records related to teacher training, professional development, coaching, implementation support, travel, or out-of-state seminars connected to Carnegie Learning[;] [7] Any records reflecting teacher input, feedback, surveys, committee participation, pilot results, or recommendations related to the selection of adoption of Carnegie Learning… The School provided responses on December 23, 2025 and January 6, 2026. Unsatisfied with the responses, Ms. DaSilva petitioned this office and this appeal, SPR26/0120, was opened as a result. 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

Kathleen Genthner SPR26/0120 Page 2 January 28, 2026 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. See 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. See 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 December 23rd and January 6th Responses In its December 23, 2025 response, the School provided records and stated the following: [1] Item No. 1 – Records responsive to this item are included in the attached file titled “Rsp to Items 1 and 2 and Rsp to Items 1, 7 and 8[;]” [2] Item No. 2 – Records responsive to this item are included in the attached file titled “Rsp to Items 1 and 2[;]” [3] Item No. 3 – Records responsive to this item are included in the attached file titled “Rsp to Items 3, 7 and 8[;]” [4] Item No. 4 – DPS is not in possession of any records responsive to this item[;] [5] Item No. 5 – DPS is not in possession of any records responsive to this item[;] [6] Item No. 6 – DPS is not in possession of any records responsive to this item[;] [7] Item No. 7 – Records responsive to this item are included in the attached file titled “Rsp to Items 3, 7 and 8 and Rsp to Items 7 and 8[;]” [8] Item No. 8 – Records responsive to this item are included in the attached file titled “Rsp to Items 3, 7 and 8 and Rsp to Items 7 and 8.” In a December 29, 2025 email to the School, Ms. DaSilva stated, “[a]fter reviewing everything, I want to note that the materials provided include purchase orders, invoices, quotes, curriculum samples, and emails, but not the actual executed contract or agreement between Dartmouth Public School and Carnegie Learning. The documents you sent reference: a multi- year agreement, installments 1-7, scheduled shipments through 2030, a consistent contract/order number (604673), and multi-year licensing, PD, and coaching obligations. All of this clearly

Kathleen Genthner SPR26/0120 Page 3 January 28, 2026 indicates that a formal contract, Master Services Agreement, or Statement of Work exists. None of those documents were included in the response…” In its January 6, 2026 response, the School stated, “…[t]he District does not possess any additional responsive records…No records have been withheld, and no exemptions are asserted…” Current Appeal In her January 13, 2026 appeal to this office, Ms. DaSilva stated, “DPS provided purchase orders, invoices, quotes, and emails, but no executed contract, no terms and conditions, no agreement, no statement of work, and no renewal or cancellation terms. In its January 7, 2026 response, DPS stated that none of these records exist…A multi-year, million-dollar curriculum purchase cannot occur without an agreement or terms of some kind…” Based on Ms. DaSilva’s petition and the School’s response, it is unclear whether the School possesses additional responsive records. 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, the School must clarify whether it possesses additional responsive records. Conclusion Accordingly, the School is ordered to provide Ms. DaSilva with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Ms. DaSilva may appeal the substantive nature of the School’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Ana DaSilva