Kose, Koray v. Arlington, Town of - Public Schools (SPR 20261080)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 7, 2026 SPR26/1080 Robert M. Spiegel Director of Human Resources Arlington Public School District 869 Massachusetts Avenue Arlington, MA 02476 Dear Mr. Spiegel: I have received the petition of Koray Köse appealing the response of the Arlington Public School District (District) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 12, 2026, Mr. Köse requested, “all internal communications (including but not limited to emails, memos, notes, meeting minutes, text messages if maintained in district systems, and any other records) that mention [an identified individual] or [two identified individuals]. This includes any references by name, email address (. . .), phone number (. . .), or other identifying information related to [an identified individual] or [an identified individual] in the District…” Previous Appeal This request was the subject of a previous appeal. See SPR26/0785 Determination of the Supervisor of Records (March 18, 2026). In my March 18th determination, I ordered the District to clarify how Exemptions (a) and (d) of the Public Records Law and attorney-client privilege applied to the withheld records. The District responded on March 24, 2026. Unsatisfied with the response, Mr. Köse petitioned this office and this appeal, SPR26/1080, was opened as a result. Status of the Requestor Please note that the reason for which the requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See G. L. c. 66, § 10(a); see also Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Mr. Köse’s status will play no role in a 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

Robert M. Spiegel SPR26/1080 Page 2 April 7, 2026 determination as to whether the records should be disclosed or redacted under the Public Records Law. 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. Current Appeal In his March 24, 2026 appeal, Mr. Köse stated, “…[t]he District repeats the same conclusory assertions that your office already found insufficient and attempts to close the matter without providing the required information…” The District’s March 24th Response In its March 24, 2026 response, the District cited the Massachusetts Student Records Regulations and the Family Educational Rights and Privacy Act (FERPA) as they operate through Exemption (a) of the Public Records Law to withhold responsive records. See G. L. c. 4, § 7(26)(a). Exemption (a) Exemption (a), known as the statutory exemption, permits the withholding of records that are: specifically or by necessary implication exempted from disclosure by statute G. L. c. 4, § 7(26)(a).

Robert M. Spiegel SPR26/1080 Page 3 April 7, 2026 A governmental entity may use the statutory exemption as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public’s right to inspect records under the Public Records Law is restricted. See Att’y Gen. v. Collector of Lynn, 377 Mass. 151, 154 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-546 (1977). This exemption creates two categories of exempt records. The first category includes records that are specifically exempt from disclosure by statute. Such statutes expressly state that such a record either “shall not be a public record,” “shall be kept confidential” or “shall not be subject to the disclosure provision of the Public Records Law.” The second category under the exemption includes records deemed exempt under statute by necessary implication. Such statutes expressly limit the dissemination of particular records to a defined group of individuals or entities. A statute is not a basis for exemption if it merely lists individuals or entities to whom the records are to be provided; the statute must expressly limit access to the listed individuals or entities. Family Educational Rights and Privacy Act (FERPA) “Education records” under FERPA are defined as: those records, files, documents, and other materials which contain information directly related to a student; and are maintained by an educational agency or institution or by a person acting for such agency or institution 20 U.S.C. § 1232g(a)(4)(i-ii). FERPA defines “personally identifiable information” as including, but not limited to: (a) The student’s name; (b) The name of the student’s parents or other family member; (c) The address of the student or student’s family; (d) A personal identifier, such as the student’s social security number, student number, or biometric record; (e) Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name; (t) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or (g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates 34 C.F.R. § 99.3.

Robert M. Spiegel SPR26/1080 Page 4 April 7, 2026 603 C.M.R. 23.02 defines “student record” as follows: Student Record shall consist of the Transcript and the Temporary Record, including all information--recording and computer tapes, microfilm, microfiche, or any other materials--regardless of physical form or characteristics concerning a student that is organized on the basis of the student’s name or in a way that such student may be individually identified, and that is kept by the public schools of the Commonwealth. The term as used in 603 CMR 23.00 shall mean all such information and materials regardless of where they are located, except for the information and materials specifically exempted by 603 CMR 23.04. 603 C.M.R. 23.02 (emphasis in original). Additionally, 603 C.M.R. 23.07(4) provides in pertinent part: Access of Third Parties. Except for the provisions of 603 CMR 23.07(4)(a) through 23.07(4)(h), no third party shall have access to information in or from a student record without the specific, informed written consent of the eligible student or the parent. 603 C.M.R. 23.07(4) (emphasis in original). Under FERPA, the District states, “[y]our request…is not a request under the Massachusetts Public Records Law. Instead, it is a request for student records governed by FERPA and the Massachusetts Student Records Regulations. The District has provided all responsive student records that are not exempt from disclosure…” Based on the District’s response, it is unclear how the responsive records can be withheld in their entirety under FERPA, as it operates through Exemption (a). Specifically, it is unclear how the responsive records constitute “education records” or contain personally identifiable information as defined by FERPA. The District must clarify these matters. Conclusion Accordingly, the District is ordered to provide Mr. Köse 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. Köse may appeal the substantive nature of the District’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Robert M. Spiegel SPR26/1080 Page 5 April 7, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Koray Köse