Keegan, Meghan v. Sandwich, Town of - Public Schools (SPR 20260525)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 24, 2026 SPR26/0525 David J. Quinn Assistant Superintendent Sandwich Public Schools 270 Quaker Meetinghouse Road Sandwich, MA 02537 Dear Mr. Quinn: I have received the petition of Meghan Keegan appealing the response of the Sandwich 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 January 22, 2026, Ms. Keegan requested: …data for the past ten (10) years (pre- and post-COVID) on students who transferred to a different school through school choice or otherwise? Specifically, I’m looking for: [1] The number of students who transferred each year[;] [2] Each student’s ethnicity[;] [3] Whether each student falls under any protected class, including race, color, sex, gender identity, religion, national origin, immigration or citizenship status, disability, or sexual orientation[;] [4] Whether students had an Individualized Education Program (IEP), a 504 Plan, or other documented disability-related supports even if a temporary disability[;] [5] The grade level at which each student transferred[;] [6] The school each student transferred to[;] [7] The per-student cost to the district when a student leaves their town’s school for another school. Previous Appeal The requested records were the subject of a previous appeal. See SPR26/0282 Determination of the Supervisor of Records (February 2, 2026). In my February 2nd determination, I learned the School had provided Ms. Keegan with a supplemental response to 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

David J. Quinn SPR26/0525 Page 2 February 24, 2026 her request. The School responded on February 10, 2026. Unsatisfied with the School’s response, Ms. Keegan petitioned this office and this appeal, SPR26/0525, 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. 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 February 10th Response On February 10, 2026, the School provided some responsive records and stated, “[s]ome of the information you requested is not data that the School District collects or retains, and others are summations as individualized data is not available.” Current Appeal In her appeal petition, Ms. Keegan contended: The records provided appear to include annual totals and some individual-level fields (race/ethnicity, grade, and IEP/504 indicators). However, the response is incomplete and does not include multiple requested items, including: [1] Whether each student falls under protected classes beyond race/ethnicity and disability supports (e.g., sex, gender identity, religion, national origin, immigration/citizenship status, or sexual orientation). [2] The specific receiving school for each student (the records appear to use broad categories rather than identifying the actual school). [3] The per-student cost to the district when a student leaves for another school.

David J. Quinn SPR26/0525 Page 3 February 24, 2026 [4] Disability-related supports beyond IEP and 504 status. The records provided indicate only IEP status and 504 status, and do not include “other documented disability-related supports,” including supports for temporary disabilities or other disability-related accommodations outside IEP/504. Additional Records 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). 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). 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 issues raised in Ms. Keegan’s appeal, it is unclear whether the School possesses additional responsive records. Specifically, the School must clarify whether it possesses “[t]he specific receiving school for each student[,]” “[t]he per-student cost to the district when a student leaves for another school[,]” and “[d]isability-related supports beyond IEP and 504 status[.]” To the extent that additional records exist, I find the School must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). The School must clarify this matter. Conclusion Accordingly, the School is ordered to provide Ms. Keegan 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. Ms. Keegan 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: Meghan Keegan