Byrne, Griffin v. Cambridge, City of - Office of the City Clerk (SPR 20260869)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 23, 2026 SPR26/0868; SPR26/0869 Seah Levy Records Access Officer City of Cambridge, Law Department 795 Massachusetts Avenue Cambridge, MA 02139 Dear Ms. Levy: I have received two appeals of Griffin Byrne appealing the response of the City of Cambridge (City) to requests for public records. See G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On November 30, 2025, Mr. Byrne made the two following requests. SPR26/0868 [1] I am requesting copies of any records held by Cambridge Public Schools that contain feedback, concerns, or comments from CPS teachers or school-based instructional staff regarding: [a] [I]mplementation of Grading for Equity or “equitable grading” practices[;] [b] [G]rading policy changes al CRLS or other CPS schools[;] [c] [T]he use of Crescendo Education Group or related professional development[;] [d] [I]mpacts of these policies on instruction, assessment, attendance, or student performance[;] [2] Please include records such as: [a] Communications: [e]mails, memos, or written communications sent from teachers or school-based instructional staff to: [i] [D]istrict-level offices[;] [ii] [S]chool administrators[;] [iii] [D]epartment heads[;] [iv] [I]nstructional leadership teams[;] [b] Reports or summaries [i] Any documents summarizing or compiling teacher or staff feedback, including meeting notes, internal reports, School Council 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

Seah Levy SPR26/0868; SPR26/0869 Page 2 March 23, 2026 summaries, or staff survey results[;] [c] Internal discussions [i] Any documents created by district-level offices that discuss, reference, or relay teacher feedback, concerns, or questions about grading changes or Crescendo-related PD[;] [3] Please limit the custodian to staff within: [a] Office of the Superintendent[;] [b] Office of the Deputy Superintendent[;] [c] Office of Teaching & Learning[;] [d] Office of Equity, Inclusion, and Belonging[;] [e] Curriculum & Instruction leadership responsible for districtwide grading practices[;] [f] CRLS and upper-school principals, department heads, and ILT leads[;] [4] Please limit the timeframe to January 1, 2020 to the present. SPR26/0869 [1] I am requesting copies of any records containing data, analysis, tables, charts, or reports created or held by Cambridge Public Schools that assess or describe the impact: [a] [I]mplementation of Grading for Equity or “equitable grading” practices[;] [b] [G]rading policy changes al CRLS or other CPS schools[;] [c] [T]he use of Crescendo Education Group or related professional development[;] [2] Please include records such as: [a] Grade distributions, GPA distributions, and course failure rates (yearly or semester-level)[;] [b] Attendance data or analyses linking attendance to grades or credit loss[;] [c] MCAS, AP, or SAT performance data compared to course grades[;] [d] Any internal reports, summaries, slide decks, or presentations evaluating grading changes or their outcomes[;] [e] Any records showing the effect of retake/redo policies, minimum grade floors, or participation-grade changes[;] [f] Any analyses of demographic or subgroup impacts related to grading changes[;] [3] Please limit the custodians to staff within: [a] Office of the Superintendent[;] [b] Office of the Deputy Superintendent[;] [c] Office of Teaching & Learning[;] [d] Office of Equity, Inclusion, and Belonging[;] [e] Curriculum & Instruction leadership responsible for districtwide grading practices[;]

Seah Levy SPR26/0868; SPR26/0869 Page 3 March 23, 2026 [f] CRLS and upper-school principals, department heads, and ILT leads[;] [4] Please limit the timeframe to January 1, 2018 to the present. The City responded on December 15, 2025, December 23, 2025, January 2, 2026, and February 23, 2026, assigning reference numbers P252593-120125 and P252594-120125 to the requests. Unsatisfied with the responses, Mr. Byrne petitioned this office and these appeals, SPR26/0868 and SPR26/0869, were 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 City’s Responses SPR26/0868 In its December 15, 2025 response, the City stated the following: With regards to this request, the City is unable to provide a response to the request as currently written. A public records request must reasonably describe the records sought “with sufficient particularity that government employees will be able to understand exactly what they are looking for, and then make a prompt production.” See Jaideep Chawla v. Department of Revenue, Suffolk Sup. No 1 794CV02087 (January 23, 2019). The current request lacks particularity, is overly burdensome, and does not provide sufficient information to undertake a search for responsive records. The City asks that you narrow your request and/or provide additional details regarding

Seah Levy SPR26/0868; SPR26/0869 Page 4 March 23, 2026 the records you are requesting, and submit a new request to the City. When making a request asking for communications and/or emails, the City finds that useful information to provide includes: [1] [T]he account names of the staff you would like to have searched, or the email addresses of those individuals you believe may be involved in the correspondence; [2] [T]he time frame of the search to undertaken; [3] [S]pecific keywords to be used in the search that describe with specificity the subject of the search. On December 17, 2025, Mr. Byrne modified his request, stating the following: [1] I am requesting copies of any records held by Cambridge Public Schools that contain feedback, concerns, or comments from CRLS/CPS teachers or school- based instructional staff regarding: [a] [T]he implementation of “Grading for Equity” or “equitable grading”[;] [b] [T]he use of Crescendo Education Group or related professional development[;] [c] [I]mpacts of these policies on instruction, assessment, attendance, or student performance[;] [2] Please include records such as: [a] Communications – Emails, memos, or written communications sent from teachers or school-based instructional staff to: [i] [S]chool administrators[;] [ii] [D]epartment heads[;] [iii] [I]nstructional leadership teams[;] [iv] [O]ther teachers[;] [b] Reports or summaries – Any documents summarizing or compiling teacher or staff feedback, including meeting notes, internal reports, School Council summaries, or staff survey results[;] [c] Internal discussions – Any documents created by other officials that discuss, reference, or relay feedback, concerns, or questions about grading changes or Crescendo-related PD[;] [3] Please limit the custodians to the following CPSD/CRLS staff members: [a] [18 identified individuals][;] [4] Here are some relevant keywords: [a] Equity/Equitable[;] [b] Grading for Equity[;] [c] Equitable Grading [d] [An identified individual][;] [e] Crescendo/Crescendo Education Group[;] [f] GFE/G4E[;] [g] Grading Policy[;]

Seah Levy SPR26/0868; SPR26/0869 Page 5 March 23, 2026 [h] Floor of 50/50 floor [5] Please limit the timeframe to August 1, 2022 to the present. In its February 23, 2026 response, the City stated, “I am working on your request and will be in contact with you as soon as possible.” SPR26/0869 In its December 15, 2025 response, the City stated the following: With regards to this request, the City is unable to provide a response to the request as currently written. A public records request must reasonably describe the records sought “with sufficient particularity that government employees will be able to understand exactly what they are looking for, and then make a prompt production.” See Jaideep Chawla v. Department of Revenue, Suffolk Sup. No 1 794CV02087 (January 23, 2019). The current request lacks particularity, is overly burdensome, and does not provide sufficient information to undertake a search for responsive records. The City asks that you narrow your request and/or provide additional details regarding the records you are requesting, and submit a new request to the City. Please feel free to contact me by email or phone to discuss your request, so that we can work towards providing you with a response. On December 17, 2025, Mr. Byrne modified his request, stating the following: [1] I am requesting copies of any records containing data, analysis, tables, charts, or reports created or held by Cambridge Public School that assess or described the impact of: [a] [T]he implementation of “Grading for Equity” or “equitable grading” practices implemented at Cambridge Rindge and Latin School (CRLS)[;] [b] [P]rofessional development or services provided by Crescendo Education Group to CRLS[;] [2] Please include records such as: [a] Grade distributions, GPA distributions, and course failure rates (yearly or semester-level)[;] [b] Attendance data or analyses linking attendance to grades or credit loss[;] [c] MCAS, AP or SAT performance data compared to course grades[;] [d] Any internal reports, summaries, slide decks, or presentations evaluating grading changes or their outcomes[;] [e] Any records showing the effect of retake/redo policies, minimum grade floors, or participation-grade[;]

Seah Levy SPR26/0868; SPR26/0869 Page 6 March 23, 2026 [f] Any analyses of demographic or subgroup impacts related to grading changes[;] [3] Please limit the custodians to the following CPSD/CRLS staff members: [a] [18 identified individuals][;] [4] Here are some relevant keywords: [a] Equity/Equitable[;] [b] Grading for Equity[;] [c] Equitable Grading [d] [An identified individual][;] [e] Crescendo/Crescendo Education Group[;] [f] GFE/G4E[;] [g] Grading Policy[;] [h] Floor of 50/50 floor [5] Please limit the timeframe to August 1, 2022 to the present. In its December 23, 2025 response, the City acknowledged receipt of the modified request assigning it reference number P252757-122325. In its January 2, 2026 response, the City stated, “[t]he City has determined that due to the complexity of searching for the requested documents, additional time will be required to respond to this request. The City hereby identifies a reasonable timeframe to respond to your request of 25 business days from the date of receipt of your payment for this request.” In its February 23, 2026 response, the City stated, “I am working on your request and will be in contact with you as soon as possible.” Current Appeal In his February 24, 2026 appeal to this office, Mr. Byrne stated the following: [1] Failure to Provide a Good Faith Estimate (Request #P252757-122325): The City’s response on January 2nd conditioned the production of records upon “receipt of payment.” However, as of February 24th, the City has failed to provide a detailed, written, good faith estimate or invoice[;] [2] Failure to Response and Constructive Denial (Request #P252593-120125): The modified request was forwarded directly to the Records Access Officer on January 12th. The City failed to provide a written response within 10 business days… 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

Seah Levy SPR26/0868; SPR26/0869 Page 7 March 23, 2026 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. Byrne modified his requests on December 17, 2025, and the City has not provided responsive records, I find the City has not met its burden in responding to the requests in accordance with G. L. c. 66, § 10(b). Consequently, the City 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 City must provide the records on a rolling basis. Conclusion Accordingly, the City is ordered to provide Mr. Byrne with a response to the requests, 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. Byrne may appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Griffin Byrne