DaSilva, Ana v. Dartmouth, Town of - Public Schools (SPR 20260501)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 25, 2026 SPR26/0501 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… Previous Appeal This request was the subject of a previous appeal. See SPR26/0120 Determination of the Supervisor of Records (January 28, 2026). In my January 28th determination, I ordered the School to clarify whether it possesses additional responsive records. The School provided 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

Kathleen Genthner SPR26/0501 Page 2 February 25, 2026 response on February 11, 2026. Unsatisfied with the response, Ms. DaSilva petitioned this office and this appeal, SPR26/0501, 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). 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 February 11th Response In its February 11, 2026 response, the School stated, “DPS is not in possession of any additional responsive records. DPS has produced all records in its possession responsive to the Request, including all specific records and categories of records identified in the Request initially, and in your December 29, 2025 email. As stated in DPS’s January 6, 2026 response, in responding to the Request, no responsive records have been withheld, and no exemptions are asserted.” Current Appeal In her February 11, 2026 appeal to this office, Ms. DaSilva stated, “[t]he district’s supplemental letter states only that: ‘DPS is not in possession of any additional responsive records[,]’ and repeats that ‘no responsive records have been withheld, and no exemptions are asserted.’ The district did not provide any of the information necessary to resolve the uncertainty identified in your determination…” No Duty to Create Records Please be advised, under the Public Records Law, a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to

Kathleen Genthner SPR26/0501 Page 3 February 25, 2026 questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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). Conclusion Where the School has confirmed that it does not possess additional responsive records and this office has no authority to compel the School to create records, I will now consider this administrative appeal closed. If Ms. DaSilva is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Ana DaSilva