Parent, Winchester v. Winchester, Town of - Public Schools (SPR 20260938)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 30, 2026 SPR26/0938 Dr. Frank Hackett Superintendent of Schools Winchester Public Schools 80 Skillings Road Winchester, MA 01890 Dear Dr. Hackett: I have received the petition of Winchester Parent (requestor) appealing the nonresponse of the Winchester 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 14, 2026, the requestor sought the following: [R]ecords regarding any restriction, limitation, or prohibition on access to Winchester Public Schools property issued by Winchester Public Schools concerning [an identified individual], including any such restriction that has expired, been rescinded, or is no longer in effect. This request includes, but is not limited to: [1] Any notice of trespass or no-trespass letter issued to or concerning [an identified individual][;] [2] Any written restriction or limitation on school property access issued to or concerning [an identified individual][;] [3] Communications with the Winchester Police Department regarding [an identified individual] and school property access[;] [4] Emails or correspondence discussing any restriction of [an identified individual’s] access to Winchester High School or other Winchester Public Schools property[.] The School responded on February 26, 2026. Subsequently, the requestor modified the request in an email to the School on the same date. Claiming to not yet have received responsive records, the requestor petitioned this office and this appeal, SPR26/0938, was opened as a result. 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

Dr. Frank Hackett SPR26/0938 Page 2 March 30, 2026 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 26th Response In its February 26, 2026 response, the School stated that it is “not in possession, custody, or control of any records regarding [an identified individual] related to the District restricting his access, full or in part, to Winchester school property.” The School additionally provided a link to the Town of Winchester’s records request portal and stated, “[t]o the extent your request seeks police records, the District does not maintain those records. You can submit that request to the Town of Winchester. . . .” In subsequent email correspondence to the School on the same date, the requestor modified the scope of their request to seek, “any notice of trespass, no-trespass letter, written restriction, related correspondence, or communications with the Winchester Police Department concerning school property access for [an identified individual], regardless of the issuing authority.” Current Appeal In their March 16, 2026 appeal to this this office, the requestor states, “[m]ore than ten business days have passed since” they submitted their modified request. Further, the requestor notes that the School “has not provided a response to the [modification], nor has it issued any written communication extending its response time.”

Dr. Frank Hackett SPR26/0938 Page 3 March 30, 2026 Timeliness in Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the 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 the requestor submitted their modified request on February 26, 2026, and the School has not provided responsive records, nor cited an exemption for withholding 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 responsive records on a rolling basis. Conclusion Accordingly, the School is ordered to provide the requestor 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. Sincerely, Manza Arthur Supervisor of Records cc: Winchester Parent