Belmont, Math Parents v. Belmont, Town of - Public Schools (SPR 20260462)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 20, 2026 SPR26/0462 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 July 1, 2025, the requestor requested: With regard to MDTP (Mathematics Diagnostic Testing Project), all records related to: the de-identified and/or anonymized individual and/or aggregate results of students who took 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 2024-2025 school year, including during the preceding and succeeding summers. The School assigned reference number 25-981 to this request. Prior Appeal This request was the subject of a prior appeal. See SPR25/3161 Determination of the Supervisor of Records (November 7, 2025). In my November 7th determination, I ordered the School to clarify whether it possesses additional records. The School responded on November 10, 2025. Unsatisfied with the response, the requestor petitioned this office and this appeal, SPR26/0462 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

Artemis Tingos SPR26/0462 Page 2 February 20, 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. 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” PRR25-981 – Document “Algebra 1 Readiness” 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 requestor’s appeal petition, the requestor states: The determination in this case stated that “the School must clarify whether it possesses additional records responsive to the request.” The School failed to respond directly to that question. Instead, in response to the determination, the RAO made only two assertions: 1. “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.”

Artemis Tingos SPR26/0462 Page 3 February 20, 2026 The request did not seek only grade 6 assessments. … The RAO has admitted to the Supervisor of Records on 10/29/25 in SPR25/3164: “The [School] does not automatically pull all reports a system is capable of creating. Although the MDTP system has the capability to email families their individual test results, it does not mean the [School] or system automatically generated a report to go along with that act.” As stated in SPR25/3164, BPS and its RAO are conflating public records with reports. This appears to be intentional (See SPR25/3162 below where the RAO intentionally inserts the word “[reports]” into a quotation of our records request in order to materially misrepresent our request). In this matter, BPS emailed some families their student’s 2025 test results via a letter/form generated by the MDTP system. BPS emails confirm that BPS accessed, discussed and assessed the various MDTP system options to generate those letters/forms. BPS and its RAO still fail to recognize that each of those letters and forms is a responsive record (subject to appropriate exemptions and redactions). None of these responsive records have been identified or produced. Further, to the extent additional responsive records or reports exist on the system, as the MDTP’[s] website confirms, the Supervisor of Records must now compel the RAO to search for, extract and segregate those records. 2. “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.” That statement is false. No “assessments” were requested nor released and there are additional responsive records that the RAO has failed to produce. 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

Artemis Tingos SPR26/0462 Page 4 February 20, 2026 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 requested records can be extracted from its MDTP system. Additional Records Further, based on the information provided in the requestor’s appeal petition and the School’s response, it is unclear if the School possesses additional records responsive to the request. Specifically, the School must clarify whether it possesses “student[s’] 2025 test results via a letter/form generated by the MDTP system” that “BPS emailed some families.” 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). Custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the School must clarify whether it possesses additional records responsive to the request. 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