DaSilva, Ana v. Dartmouth, Town of - Public Schools (SPR 20261198)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 14, 2026 SPR26/1198 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/DPS) to a request for public records. See G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On March 12, 2026, Ms. DaSilva requested the following: I request copies of the following IDEA (federal SPED) grant records for FY23, FY24, FY25, and FY26: [1] All expenditure detail reports, including any internal versions, reconciliations, or re-codings created before the final submission to DESE[;] [2] All staffing lists showing positions funded in whole or in part by IDEA, including FTE and funding percentages[;] [3] All IDEA grant amendments, including drafts and final versions submitted to DESE[;] [4] All Final Expenditure Reports (FERs) submitted to DESE, including any internal versions[;] [5] Any records showing movement of charges on or off IDEA, including re- coding, adjustments, or transfers. The School provided a response on March 26, 2026. Unsatisfied with the School’s response, Ms. DaSilva petitioned this office and this appeal, SPR26/1198, 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 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 SPR26/1198 Page 2 April 14, 2026 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 School’s March 26th Response In its March 26, 2026 response, the School provided records and stated, “[i]n addition, please note that in responding to any clarified request for records, DPS intends to withhold records that are exempt from the definition of ‘public record’ under G.L. c. 4, § 7, or are otherwise exempt from production by law. At this time DPS cannot identify any statutory exemptions that may appeal, however, in the event that we receive any forthcoming clarification sufficient to enable DPS to respond, DPS reserves its rights to do so.” Current Appeal In her April 2, 2026 appeal, Ms. DaSilva stated, “[o]n March 26, 2026, DPS provided a response that did not include the records I requested. The documents produced consisted of internal payroll system extracts and DESE budget summary screens. These are not IDEA grant records, and the response did not state whether the requested records exist, did not describe the search conducted, and did not identify any exemptions. The materials provided appear to be general payroll data rather than the IDEA-specific grant documents listed in my request…” Based on Ms. DaSilva’s petition and the School’s response, it is unclear whether the School possesses additional responsive records. 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). However, 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). To the extent that responsive records exist, I find the School must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b).

Kathleen Genthner SPR26/1198 Page 3 April 14, 2026 Conclusion Accordingly, the School is ordered to provide Ms. DaSilva with a response to her request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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. DaSilva 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: Ana DaSilva