Pacy, Michael v. Shrewsbury, Town of - Public Schools (SPR 20260811)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 18, 2026 SPR26/0811 Chris Girardi Assistant Superintendent Shrewsbury Public Schools 100 Maple Avenue Shrewsbury, MA 01545 Dear Mr. Girardi: I have received the petition of Michael Pacy appealing the response of the Shrewsbury 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 February 1, 2026, Mr. Pacy requested the following related to “a letter dated November 2023 addressed to Beal School Administration (including but not limited to [two identified individuals] and Human Resources) concerning the conduct of a Shrewsbury Public Schools employee”: [1] Communications, in any form (including but not limited to emails, text messages, messaging applications, letters, phone logs, calendars, meeting invitations, notes, and memoranda), involving any of the following individuals (district employees) and relating to the November 2023 letter and/or the allegations contained within it: [a] [5 identified individuals][;] [b] Any member of the Shrewsbury Public School Human Resources Dept[;] [c] Any Beal School or any Shrewsbury Public School District Level Administration [;] [2] Immediate Actions Taken Upon Receipt of the Letter by the District [a] All records documenting what immediate actions were taken by Beal School administration and/or the Shrewsbury School District upon receipt of the November 2023 letter to address the allegations and to ensure the safety and wellbeing of the vulnerable special needs students directly taught or supervised by [an identified individual]. This includes all communications and internal deliberations describing steps taken or decisions made, including but not limited to changes in supervision, classroom assignments, monitoring, administrative leave, protocols relied 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

Chris Girardi SPR26/0811 Page 2 March 18, 2026 upon by the district in responding to allegation involving special needs students, other protective measures and contacting the parents whose special needs children were taught or supervised by [an identified individual][;] [3] Investigation Records [a] All records relating to the Shrewsbury School District obligation to conduct an investigation into the serious allegations raised in the November 2023 letter, including: [i] The date the investigation was initiated[;] [ii] The date the investigation was closed[;] [iii] The individual(s) or department responsible for conducting the investigation[;] [iv] The investigative process used (including but not limited to interviews conducted, records reviewed, classroom observations, review of surveillance footage or other recordings)[;] [v] The complete investigative file, including findings, conclusions, recommendations, reports, summaries, and determinations[;] [4] Student and Family Notifications [a] All communications, including meetings, letters, emails, or other notices, with: [i] Parents or guardians of special needs students who were directly taught or supervised by [an identified individual] at the time of the allegations, regarding the allegations and any investigation that was done to reassure the parents/guardians that they took the allegations seriously[;] [ii] Families of students at Beal School more broadly regarding the allegations in the November 2023 letter or related safety concerns[;] [5] Communications with Internal and External Groups [a] All communications, including meetings and correspondence, regarding the November 2023 letter and allegations with: [i] The Massachusetts Department of Elementary and Secondary Education (DESE)[;] [ii] The Teacher’s Union[;] [iii] District Team Leadership[;] [iv] School Committee[;] [v] Beal School PTO[;] [vi] Beal School Counsel[;] [vii] Beal School staff and employees[;] [viii] Any other regulatory, oversight or licensing body[;] [6] Union and Employment Status [a] The name, title, email address, and phone number of the Teachers’ Union representative responsible for matters involving the allegations concerning [an identified individual][;]

Chris Girardi SPR26/0811 Page 3 March 18, 2026 [b] Records sufficient to confirm whether [an identified individual] is currently employed by the Shrewsbury School District, including her current position and assignment[;] [7] Records Relating to Decisions Not to Investigate or Act [a] If the Shrewsbury School District failed to take these allegations seriously and failed to meet its obligations to investigate the allegations of a district employee and to protect the Beal School communities most vulnerable student population, please provide all communications, memoranda, emails, text messages, meeting notes, or other records documenting any decision by district employees or administrators not to investigate, delay action, limit response, or otherwise decline to address the allegations in the November 2023 letter provided by the Shrewsbury School District via a Public Records Request[;] [8] Number of Special Education Students [a] Provide the number of Special needs children that [an identified individual] taught and/or supervised in November 2023. If [an identified individual] is still employed in the district as a severe special education teacher; how many students does she teach and/or supervise currently. The School provided a response on February 17, 2026. Unsatisfied with the response, the Mr. Pacy petitioned this office and this appeal, SPR26/0811, 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.

Chris Girardi SPR26/0811 Page 4 March 18, 2026 The School’s February 17th Response In its February 17, 2026 response, the School stated, “[t]he District has reviewed your request and the response does not meet the time threshold to incur a fee for the service. All information related to your February 1, 2026 records request is being processed and will be provided within a reasonable time period.” Current Appeal In Mr. Pacy’s March 6, 2026 appeal to this office, he stated, “[a]s of today, March 6, 2026, I have not received any responsive records or any further communication from the Shrewsbury School District…” Timeframe for Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of a request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Mr. Pacy submitted his request on February 1, 2026, and the School has not provided responsive records, I find the School has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b). Consequently, the School must provide an estimated date as to when it intends to complete the search and provide the responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the School must provide the records on a rolling basis. Conclusion Accordingly, the School is ordered to provide Mr. Pacy 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. Mr. Pacy may appeal the substantive nature of the School’s response within ninety (90) days. See

Chris Girardi SPR26/0811 Page 5 March 18, 2026 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Michael Pacy