Kampula, Elona v. Stoneham, Town of - Public Schools (SPR 20261129)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 9, 2026 SPR26/1129 Kristin DeFrancisco, Ed.D Superintendent of Schools Stoneham Public Schools 149 Frankline Street Stoneham, MA 02180 Dear Dr. DeFrancisco: I have received the petition of Elona Kampula appealing the response of the Stoneham 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 17, 2025, Ms. Kampula made the following request: I am requesting access to or copies of all documented policies, procedures, guidelines, and related communications regarding inter-classroom transfers within the same elementary school in the Stoneham Public Schools district, current as of 2025. Specifically, this includes any written policy documents, memos, administrative procedures, or guidelines used by the district to manage or govern classroom assignment transfers among kindergarten students who can change classes but remain in the same building. The School responded on March 8, 2026, stating that it possessed no responsive records. Subseqeuntly, on March 11, 2026, Ms. Kampula submitted a modified request as follows: I respectfully request any records reflecting the practice, criteria, or decision- making process used for inter-classroom transfers within the same elementary school, including but not limited to:  administrative guidance or instructions to principals or staff,  internal memoranda or communications,  emails discussing transfer decisions or criteria,  meeting notes or summaries where classroom transfers were discussed,  training materials or administrative guidance related to student classroom reassignment. 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

Kristin DeFrancisco, Ed.D SPR26/1129 Page 2 April 9, 2026 This request applies even if such practices are informal or not adopted as official district policy. Claiming to not yet have received responsive records, Ms. Kampula petitioned this office and this appeal, SPR26/1129, was opened as a result. While this appeal was pending, the School provided a further response on April 1, 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 April 1st Response In its April 1, 2026 response, the School stated, “…there are no communications about this topic to share with you.” Current Appeal In her appeal petition, Ms. Kampula stated: The RAO’s own response confirms that decisions are made at the discretion of administrators, which necessarily involves evaluation, communication, and record creation. Therefore, records reflecting these discretionary decisions must exist. The district’s failure to produce records or provide a written explanation is a clear statutory violation. Based on the information provided in Ms. Kampula’s appeal petition and the School’s response, it is unclear whether the School possesses records responsive to the request. The School must clarify this. The duty to comply with requests for records extends to those records

Kristin DeFrancisco, Ed.D SPR26/1129 Page 3 April 9, 2026 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). To the extent that the referenced records exist, I find the School must provide them in a manner consistent with Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). Conclusion Accordingly, the School is ordered to provide Ms. Kampula 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. Ms. Kampula may appeal the substantive nature of the School’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Elona Kampula