Belmont, Math Parents v. Belmont, Town of - Public Schools (SPR 20260457)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 24, 2026 SPR26/0457 Artemis Tingos Executive Assistant to the Superintendent Belmont Public Schools 644 Pleasant Street Belmont, MA 02478 Dear Ms. Tingos: I have received the petition of Belmont Math Parents (requestor) appealing the response of the Belmont Public Schools (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 2, 2025, the requestor requested, regarding the Mathematics Diagnostic Testing Project (MDTP), the following: [1] The actual and budgeted cost of the program/testing in the 2023-2024 and 2024-2025 school years. Please provide records related to the cost breakdown of materials and personnel (including but not limited to training or professional development costs), including the budget line item code (row and line) for each expense, and if applicable, the purchase or invoice order number and purchase date. [2] All records or reports showing the de-identified or aggregate results of students who have taken a MDTP test, by grade level and subject matter, including but not limited to section/topic specific reports generated from students’ diagnostic data, during the 2023-2024 and 2024-2025 school years. I understand the School assigned reference number 25-403 to this request. Previous Appeal This request was the subject of a previous appeal. See SPR25/3164 Determination of the Supervisor of Records (November 7, 2025). In my November 7th determination, I ordered the School to clarify whether the requested records can be extracted from its MDTP system. Subsequently, the School responded on November 10, 2025. Unsatisfied with the School’s response, the requestor petitioned this office, and this appeal, SPR26/0457, was opened as a 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

Artemis Tingos SPR26/0457 Page 2 February 24, 2026 result. 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 School’s November 10th Response In its November 10, 2025 response, the School stated: The grade 6 assessments taken in 2024-2025 included three exams. All results have been released to the requestor and there are no additional records. PRR25-403 – Document “7th Grade MDTP results 4.10.25” PRR25-403 – Document “8th Grade MDTP results 4.10.25” . . . It was incorrectly reported that the 7th and 8th grade readiness exams were taken at the end of 2023-2024. They were taken in April of 2025. Current Appeal In the appeal petition, the requestor states the following: As relevant background: From 2024 through 2025, BPS administered electronic math assessments through a procurement of the University of California’s Mathematics Diagnostic Testing Project (MDTP). MDTP publications confirm that extensive data, reports, summaries and letters are generated and stored on the MDTP platform which is within BPS’ custody, control or possession. BPS emails confirm that personnel accessed these results, created spreadsheets, used the data for math placement, and used the MDTP platform to communicate results to

Artemis Tingos SPR26/0457 Page 3 February 24, 2026 families. Despite this, the RAO has repeatedly asserted that no additional responsive records exist. The RAO’s own statements and the information produced through other records requests make it clear that responsive records do exist, yet they have not been produced or identified. . . . The determination states “the School must clarify whether the requested records can be extracted from its MDTP system.” The RAO’s response to the Supervisor of Records failed to address this question, but her response to other determinations (as well as the information produced via other requests) confirm that the requested records can be extracted. Where the School may extract some or all of the responsive information to satisfy the request, the School is advised that extracting records or information from records that are already in existence and in its possession, custody, or control, is not creation of a record. 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). The School is directed to a 2020 Supreme Judicial Court of Massachusetts (Court) decision relative to creating a record versus extraction of information from databases in order to produce records or information in response to a public records request. In Att’y Gen. v. Dist. Attorney for the Plymouth Dist., et al. (Plymouth Dist.) 484 Mass. 260 (2020), the Court stated: …where public records are in electronic form, as they increasingly are and will be, a public records request that requires a government entity to search its electronic database to extract requested data does not mean that the extracted data constitute the creation of a new record under the public records law. This interpretation of the public records law is supported by the regulations promulgated by the supervisor, who is required to adopt regulations to implement the public records law. Plymouth Dist., 484 Mass. at 275. The School is advised that, 950 C.M.R. 32.07(1)(f), also provides that “[f]urnishing a segregable portion of a public record shall not be deemed to be creation of a new record. This applies to a responsive record in the form of an extract of existing data, as such data exists at the time of the request and is segregable from nonresponsive and exempt data.” Based on the School’s November 10, 2025 response, I find that the School must clarify whether the additional responsive records described in the requestor’s appeal petition can be extracted from its MDTP system.

Artemis Tingos SPR26/0457 Page 4 February 24, 2026 Conclusion Accordingly, the School is ordered to provide the requestor with a response to the request 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. Sincerely, Manza Arthur Supervisor of Records cc: Belmont Math Parents