Columbus — Sharon Parents CARE

Sharon Columbus Podcast

Overview

Public records request for a podcast about Christopher Columbus shown in a Middle School English class.

Response

Hyperlink to Columbus podcast: The District submitted the following link in response.

https://podcasts.google.com/feed/aHR0cHM6Ly9hbmNob3IuZm0vcy8xMTA4OGYyMC9wb2RjYXN0L3Jzcw?sa=X&ved=0CAMQ4aUDahcKEwjwkqHPisP0AhUAAAAAHQAAAAAQAQ&hl=en

The district also submitted some emails containing this hyperlink. These emails are not linked here.

Request

Hi [RECORDS ACCESS OFFICER],

I’m sorry to bother you with a public records request. I’ve tried to get this information directly multiple times from the teacher/principal/superintendent etc. I just wanted the hyperlink to the podcast. I don’t know why it is being hidden from me.

PR request:

Please send me all digital records (emails, digital documents, etc) held by SMS teacher [NAME REDACTED] that contain a hyperlink to the Columbus podcast she showed her students October 2021. Include both messages sent to/from her sharonschools.net account as well as her personal account(s) if they contains a hyperlink to the podcast she showed.

It’s insane we got to this point. [ADMINISTRATOR NAME REDACTED] told me that instructional materials are not public records. However emails discussing her work as a government employee are.

Note from Sharon Parents CARE: curriculum materials are public records under MGL Ch 4 Sec 7(26) and only tests/quizzes that will be reused in future years are exempt.

School Response 1

Dear [REQUESTOR]:

On October 27, 2021, the Sharon Public Schools (“District”) received your Public Records Request pursuant to M.G.L. c. 66 dated that same day. Specifically, you requested the following information:

- Please send me all digital records (emails, digital documents, etc) held by SMS teacher [TEACHER NAME] that contain a hyperlink to the Columbus podcast she showed her students October 2021. Include both messages sent to/from her sharonschools.net account as well as her personal account(s) if they contains a hyperlink to the podcast she showed.

The District has searched for the requested records and does not possess any records responsive to your request.

You have the right to appeal this determination to the Supervisor of Public Records within ninety (90) days pursuant to M.G.L. c. 66 § 10A(a) and 950 CMR 32.08(1). Additionally, you have the right to seek judicial review of an unfavorable decision by commencing a civil action in Superior Court pursuant to M.G.L. c. 66 § 10A(c).

Sincerely,

[RECORDS ACCESS OFFICER]

Appeal 1

William Francis Galvin
Secretary of the Commonwealth
Division of Public Records
One Ashburton Place, Room 1719
Boston, MA 02108
Telephone: (617) 727-2832
Fax: (617) 727-5914
Email: pre@sec.state.ma.us

Re: Columbus Day Podcast public records request appeal (this is a new appeal)

Dear SEC,

Please appeal this Sharon Public School denial of my public records request. A Middle School teacher, [TEACHER NAME] showed a podcast about Columbus to her students. I asked multiple times on Oct 8, 13, 27, and 27 again to be given a hyperlink to this podcast.

The school admitted in its emails that the teacher showed this podcast and they know exactly what podcast I am asking for. This is a public video available on the internet. There is no reason not to share a hyperlink to this podcast or give me the name & identifying information so I can watch it. It is absurd to claim there are no digital documents in custody of [TEACHER NAME] with this hyperlink if she somehow managed to show it. I feel at this point the school is playing games to avoid sharing this simple public information.

Attached are PDFs of my email exchange with the school.

SEC Ruling 1 (Excerpt)

Based on the School’s response, it is unclear if it possesses records responsive to the above request. Specifically, the School must clarify whether it possesses records regarding the podcast link in question. 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).

Conclusion

Accordingly, the School is ordered to provide [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 this response to this office at pre@sec.state.ma.us.

School Response 2

RE: Response to November 15, 2021 Supervisor of Records Decision SPR21/2876

Dear [REQUESTOR]

On November 15, 2021, the Sharon Public Schools (“District”) received a response from Rebecca S. Murray, Supervisor of Records, regarding case number SPR21/2876, in response to your petition appealing our October 27, 2021 response.

The District is ordered to clarify whether it possesses records regarding the podcast link in question. The original request of October 27, 2021 requested:

As stated, the District has searched for the requested records and does not possess any records responsive to your request. You are asking for emails and digital documents that contain the hyperlink to the media that was shown by [TEACHER NAME]. A student in [TEACHER NAME] class asked a question regarding Columbus. To respond to the question [TEACHER NAME], Googled Christopher Columbus and played media she thought would answer the student’s question. The media was turned on briefly, when [TEACHER NAME] realized it did not respond to the student’s question, the media was then turned off. Because this was not a part of her lesson plan, nor part of her planned curriculum, there is no record of the media in email or digital documents.

Sincerely,

[RECORDS ACCESS OFFICER]

Appeal 2

Re: Continued appeal of non-response to SPR21-2876

Dear Sec,

I asked for "all digital records" held by a specific teacher containing a hyperlink to the podcast she showed in October, 2021.

[RAO] explained that the teacher does not have any digital records containing a hyperlink to the Columbus video she showed. However, in the response, [RAO] explained that the teacher used a browser to access the video. This means there are two digital records in the teacher's possession:

1. The browser history on that machine. Modern browsers such as Chrome make it easy to export this record as a CSV file with a few clicks (https://chrome.google.com/webstore/detail/export-chrome-history/dihloblpkeiddiaojbagoecedbfpifdj).

2. The Google account history. Google makes this also easy to download. https://www.technig.com/export-google-search-history-remove/amp/

I am only interested in the browser history and web search history for the day the video was shown. Everything else may be redacted.

Quoting the response:

A student in [TEACHER's] class asked a question regarding Columbus. To respond to the question [TEACHER], Googled Christopher Columbus and played media she thought would answer the student’s question. The media was turned on briefly, when [TEACHER] realized it did not respond to the student’s question, the media was then turned off. Because this was not a part of her lesson plan, nor part of her planned curriculum, there is no record of the media in email or digital documents.

I also want to add that this whole cumbersome public records process and appeal could have been avoided if the school simply sent me a hyperlink when I asked for it the first time, which is all I really wanted. We are literally spending more time arguing about whether this hyperlink is a public record than it would have taken just send me the information that the school admits is easily in its possession. Videos shown in public school - regardless whether they are part of a planned curriculum - should not be kept secret.

Sec Ruling 2 (Excerpt)

Current Appeal

In her current appeal, [REQUESTOR] stated, “...in the[ir] response, [the School] explained that the teacher used a browser to access the video. This means there are two digital records in the teacher's possession: the browser history on that machine...[and] the Google account history.” The School is advised that the definition of a public record in Massachusetts is “broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee . . .” Based on the School’s additional response, it is unclear if it possesses records responsive to the above request. Specifically, the School must clarify whether it possesses records regarding the named individual’s browser and Google account history as they relate to the podcast link in question. 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).

Conclusion

School Response 3

RE: SPR21/3036

Dear [REQUESTOR]

On November 30, 2021, the Sharon Public Schools (“District”) was notified by the Supervisor of Records the following:

- the School is ordered to provide [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.

This is in response to your original October 27 request for the following:

- Please send me all digital records (emails, digital documents, etc) held by SMS teacher [TEACHER] that contain a hyperlink to the Columbus podcast she showed her students October 2021. Include both messages sent to/from her sharonschools.net account as well as her personal account(s) if they contains a hyperlink to the podcast she showed.

The District submits the following link in response.

https://podcasts.google.com/feed/aHR0cHM6Ly9hbmNob3IuZm0vcy8xMTA4OGYyMC9wb2RjYXN0L3Jzcw/episode/OWY3ZTY1YjEtZWJmYi01ZWU5LWY0ZTMtODE2NmEyZDJlNzlk?hl=en&ved=2ahUKEwj2iICz2LjzAhVoFlkFHShfC50QjrkEegQIAhAI&ep=6

Sincerely,

[RAO]

Records Access Officer

Sharon Public Schools

Appeal 3

Hi [RAO]

Thank you for sending me the link. However, the public records request was for all digital records that *contain* the hyperlink. Please send me the original record that you used to obtain the link.

School Response 4

Hi [RAO]

Here is the correspondence today which shows how I obtained the link. As I reread carefully, I am noticing a reference to an email exchange of the link. Please note that when I originally asked if the link was ever shared via email, I was told no. It was not until I read this email today that I am now aware that it was shared in an email. Had I known that, I would have responded differently to the request.

I hope you can understand that my responses are always based on the information I am provided. In this case it appears I did not have all the necessary information. Please accept my apology for creating extra work for you to access what I now recognize should have been turned over in the first place.

Sincerely,

[RAO]