DaSilva, Ana v. Dartmouth, Town of - Public Schools (SPR 20260885)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 25, 2026 SPR26/0885 Kathleen Genthner Records Access Officer Dartmouth Public Schools 8 Bush Street Dartmouth, MA 02748 Dear Ms. Genthner: I have received the petition of Ana DaSilva appealing the response of the Dartmouth 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 30, 2026, Ms. DaSilva requested the following: [1] Program of Studies Approval Records[:] [a] All records showing School Committee approval of the Dartmouth High School Program of Studies for each school year from 2018–2025[;] [b] Meeting agendas, minutes, motions, votes, or supporting documents reflecting Program of Studies approval[;] [c] Any presentations, memos, or materials provided to the School Committee in connection with Program of Studies approval[;] [2] Drafts and Versions Provided for Approval [a] Any versions or drafts of the Program of Studies that were submitted to, presented to, or reviewed by the School Committee from 2018–2025[;] [b] Any internal communications or transmittal documents showing when drafts were sent to the School Committee for review or approval[;] [3] Internal Administrative Records[:] [a] Any internal district procedures, policies, or guidelines describing the required process for Program of Studies approval[;] [b] Any records identifying which administrator(s) are responsible for preparing, submitting, or presenting the Program of Studies to the School Committee[;] [4] If No Approval Occurred[:] 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 SPR26/0885 Page 2 March 25, 2026 [a] If the Program of Studies was not approved in any given year, please provide any records indicating the reason, explanation, or administrative practice followed in lieu of formal approval[.] The School responded on February 13, 2026. Unsatisfied with the response, Ms. DaSilva petitioned this office and this appeal, SPR26/0885, 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 13th Response In its February 13, 2026 response, the School stated the following: [1] Program of Studies Approval Records[:] [a] DPS is not in possession of any records responsive to Item 1A of the Request, because the School Committee does not approve the Dartmouth High School Program of Studies[;] [b] DPS is not in possession of any records responsive to Item 1B of the Request, because the School Committee does not approve the Dartmouth High School Program of Studies[;] [c] DPS is not in possession of any records responsive to Item 1C of the Request, because the School Committee does not approve the Dartmouth High School Program of Studies[;] [2] Drafts and Versions Provided for Approval[:]

Kathleen Genthner SPR26/0885 Page 3 March 25, 2026 [a] DPS is not in possession of any records responsive to Item 2A of the Request, because the School Committee does not approve the Dartmouth High School Program of Studies[;] [b] DPS is not in possession of any records responsive to Item 2B of the Request, because the School Committee does not approve the Dartmouth High School Program of Studies[;] [3] Internal Administrative Records [a] Please see attached School Committee Policy[;] [b] Please see attached School Committee Policy[;] [4] If No Approval Occurred[:] [a] Please see attached School Committee Policy[.] Current Appeal In her appeal, Ms. DaSilva states the following: [1] DPS did not provide the search description required by 950 CMR 32.06(3)[;] [2] DPS denied multiple categories of records based solely on an assertion rather than a search[;] [3] DPS did not respond to Item 4 (“If No Approval Occurred”)[;] [4] The attached policy contradicts DPS’s justification for denying the records[.] No Duty to Create Records 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). 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 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). Where the School has confirmed that it does not possess records responsive to Ms. DaSilva’s request, has no duty to create records responsive to the request, and the School did respond to Item 4 by providing the School Committee Policy, I find that the School has met its burden in responding to this request under the Public Records Law. See G. L. c. 66, § 10(b)(iii). Conclusion Accordingly, 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

Kathleen Genthner SPR26/0885 Page 4 March 25, 2026 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