Belmont, Math Parents v. Belmont, Town of - Public Schools (SPR 20260463)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 24, 2026 SPR26/0463 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 September 8, 2025, the requestor sought “class rosters for each classroom and/or class in the Belmont Public Schools district for the 2025-2026 school year. Rosters should include name of school, teacher name and subject taught, and number of students for each class.” I understand the School assigned reference number 25-1224 to this request. Previous Appeal This request was the subject of a previous appeal. See SPR25/3167 Determination of the Supervisor of Records (November 7, 2025). In my November 7th determination, I ordered the School to provide the requestor with a response within ten business days. Subsequently, the School responded on November 10, 2026. Unsatisfied with the School’s response, the requestor petitioned this office, and this appeal, SPR26/0463, was opened as a 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). 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 SPR26/0463 Page 2 February 24, 2026 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, 2026 response, the School states the following: The October 1, 2025 enrollment sheet which includes elementary numbers was released to the requestor via Next Request system today along with a note: “Elementary enrollment numbers are generated monthly for the district (not daily) and a monthly district enrollment report is posted to the School Committee Public Documents page under the meeting after the first of every month[.]” The requestor can view district enrolment numbers monthly by visiting the School Committee Public Documents page webpage. Current Appeal In the appeal petition, the requestor argues the following: On November 10, 2025, we received a communication from the Town’s Public Records system that stated: “A document has been released for record request #25-1224 along with the following message: Elementary enrollment numbers are generated monthly for the district (not daily) and a monthly district enrollment report is posted to the School Committee Public Documents page under the meeting after the first of every month. BPS Enrollment 10.1.2025 SC.pdf” The District was in possession of that information at the time of the request and failed to produce it. Most critically, this is not the record we requested. Our request specifically sought “class rosters for each classroom and/or class in the Belmont Public Schools district for the 2025-2026 school year. Rosters should include name of school, teacher name and subject taught, and number of students for each class.” The document provided does not contain class rosters for each classroom, teachers names, or number of students for each class. The RAO provided the requested records for the upper elementary school, middle

Artemis Tingos SPR26/0463 Page 3 February 24, 2026 school and high school. There has been no explanation why the requested records were not similarly provided for the elementary schools. Records in Existence; Possession, Custody, or Control Please be advised that 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). Further, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). However, in accordance with the Public Records Law, 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). Based on the School’s response, and the information provided in the requestor’s appeal petition, it is unclear whether the School possesses additional records responsive to the request. If the School does possess additional responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the School is ordered to provide the requestor 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. The requestor may further 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: Belmont Math Parents