Lamarre, Lloyd v. Brockton, City of - Public Schools (SPR 20260143)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 27, 2026 SPR26/0143 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: Request 1 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[.] Request 2 On December 8, 2025, Mr. Lamarre requested the following: [1] Administrative Records Regarding Program Closure or Modification[:] All 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 SPR26/0143 Page 2 January 27, 2026 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[;] Request 3 On December 2, 2025, Mr. Lamarre requested the following: [1] Publicly Posted Fire Evacuation Plans[:] Copies of the fire evacuation plan

Bou Lim SPR26/0143 Page 3 January 27, 2026 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[.] Request 4 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 SPR26/0143 Page 4 January 27, 2026 [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[.] Request 5 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 related to [an identified individual’s] student records or Infinite Campus issues affecting [an identified individual’s] records[.]

Bou Lim SPR26/0143 Page 5 January 27, 2026 [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)[.] Request 6 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[.] Request 7 On December 22, 2025, Mr. Lamarre requested the following:

Bou Lim SPR26/0143 Page 6 January 27, 2026 [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 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

Bou Lim SPR26/0143 Page 7 January 27, 2026 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. Previous Appeals This request was the subject of previous appeals. See SPR26/0031, SPR26/0033, SPR26/0034, SPR26/0035, SPR26/0036, SPR26/0037, and SPR26/0038 Determination of the Supervisor of Records (January 14, 2026). In my January 14th determination, I closed the appeals in light of the School providing Mr. Lamarre with a response. On January 7, 2026, the School provided a fee estimate. Unsatisfied with the School’s response, Mr. Lamarre petitioned this office and this appeal, SPR26/0143, was opened as a result. Status of the Requestor; Reason for the Request 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 G. L. c. 66, § 10(a); see also Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Mr. Lamarre’s status shall have 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

Bou Lim SPR26/0143 Page 8 January 27, 2026 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. Fee Estimates – Municipalities 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. A municipality may assess a reasonable fee for the production of a public record except those records that are freely available for public inspection. G. L. c. 66, § 10(d). The fees must reflect the actual cost of complying with a particular request. Id. A maximum fee of five cents ($.05) per page may assessed for a black and white single or double-sided photocopy of a public record. G. L. c. 66, § 10(d)(i). Municipalities may not assess a fee for the first two (2) hours of employee time to search for compile, segregate, redact or reproduce the record of records requested unless the municipality has 20,000 people or less. G. L. c. 66, § 10(d)(iii). Where appropriate, municipalities may include as part of the fee an hourly rate equal to or less than the hourly rate attributed to the lowest paid employee who has the necessary skill required to search for, compile, segregate, redact or reproduce the record requested, but the fee shall not be more than $25 per hour. Id. However, municipalities may charge more than $25 per hour if such rate is approved by the Supervisor of Records under a petition under G. L. c. 66, § 10(d)(iv). A fee shall not be assessed for time spent segregating or redacting records unless such segregation or redaction is required by law or approved by the Supervisor of Records under a petition under G. L. c. 66, § 10(d)(iv). See G. L. c. 66, § 10(d)(iii); 950 C.M.R. 32.06(4). The School’s January 7th Fee Estimate In its January 7, 2026 response, the School stated the following, “[t]his is a response to your series of public records requests from December 22, 2025, through January 6, 2026. This series of requests is a continuation of your requests from December 2, 2025 through December 12, 2025, in which you made approximately 78 requests. The District responded to those requests with a fee estimate on December 16, 2025, which is incorporated herein by reference. Since that response, you have made the following additional requests under the public records law….For a response to your new requests, please refer to the District’s December 16, 2025 response…” The School provided the following fee estimate of $2,025.00:

Bou Lim SPR26/0143 Page 9 January 27, 2026 Given the nature and complexity of the exemptions, privileges, and confidentiality requirements cited above, and the wide-ranging and private nature of the related information, the lowest paid employee of the District who could continue the search for, compilation, review, segregation, redaction and reproduction of records and make judgments as to which information is public and which information is exempt and must be redacted would be a member of the District’s central office staff, all of whom are compensated at rates exceeding $25.00 per hour. As such, any further time spent completing the response process will be charged at the maximum rate of $25.00 per hour. As listed above, to date, since December 2, you have submitted a series of at least 85 requests for records, some with subparts, and each of which would require an independent search and response process which would vary in length. The District previously provided you with a fee estimate in its December 16, 2025 response for your first 78 requests, as well as information about how to potentially narrow the scope of your requests and reduce any applicable fees. However, you have not paid the fee estimates set forth in the District’s response of December 16, 2025 response, and you have not narrowed your requests and instead have submitted new request[s] seeking additional records. For the new requests, numbers 79-85, based on the District’s experience responding to public records requests and the process described in this letter, and considering the applicable exemptions, the time needed for redaction, and the number of responsive records already located which we expect will vary in page length but will typically include many pages, we estimate that it will an additional 3 total hours to fully search for, compile, review, segregate, redact, and reproduce each record in accordance with applicable law. This will involve without limitation having the appropriate school and/or City department staff search for records to which they may have access based upon the particular request, saving the records already located to a single file, manually reviewing each record to determine whether it is in fact responsive, redacting any exempt information with the labeling and explanation required by law, saving these documents to another file for production to you, and then converting and reproducing them to a format compliant with applicable law. Although this will be a fluid process and may vary for each particular record, it will essentially be broken down into a search/ compilation step and a reproduction step, because we would search/compile at the same time and then reproduce any records. We do not anticipate significant segregation/redaction time for these particular records. We estimate the time will be comprised on average of approximately 80% search and compilation time, and 20% reproduction time for each record. The December 16, 2025 response estimated 78 hours of total response time for the 78 individual requests listed therein (excluding subparts). With the additional 3 hours required for requests 79-85, it would take an estimated 81 total hours of employee time to complete the District’s search for, compilation, review,

Bou Lim SPR26/0143 Page 10 January 27, 2026 segregation, redaction and reproduction of all requested records, for a total initial fee of $2,025.00 (81 hours x $25.00/hour). However, we invite you to narrow your requests to provide more specificity, additional information about any particular documents you are seeking, or to request a different search in order to potentially reduce the cost of this response… Requests for documents that are articulated with very broad language that calls upon non-lawyer administrative personnel to interpret the scope of what is sought, and then make fine judgments about what documents are and are not sufficiently ‘related’ to the category of materials requested, will not satisfy this statutory standard.” Chawla v. Dep’t of Revenue, Suffolk. Sup. Ct., No. 1784CV02087, at *2 (January 23, 2019) (emphasis in original); see also Friedman v. Div. of Admin. Law Appeals, 103 Mass. App. Ct. 806, 815-16 (2024)… Current Appeal In his January 8, 2026 appeal, Mr. Lamarre stated, “…this fee estimate is unreasonable and constitutes obstruction of our investigation into potential evidence spoliation during active BSEA litigation…” Administrative Proceeding 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In a January 21, 2026 email communication from the School to this office, the School confirmed that the requested records are directly related to an administrative hearing before the Bureau of Special Education Appeals. See William Lamarre v. Brockton Public Schools, BSEA Docket No. 2605621. In light of the active administrative hearing, I decline to opine on the matter at this time. See 950 C.M.R. 32.08(2)(b). Please note that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b).

Bou Lim SPR26/0143 Page 11 January 27, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Lloyd Lamarre