Public Records Request for Data on School Policing (Milton Police Department)
It is a clone of this request.
| Tracking # |
P005496-011624 |
| Multi Request | Public Records Request for Data on School Policing |
| Submitted | Jan. 11, 2024 |
| Est. Completion | None |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: katherine stathulis
To whoever it may concern:
This letter constitutes a request pursuant to the Public Records Act, G.L. c.66, §10, for public records in the custody of your school district. Under the Criminal Justice Reform Act, school districts and law enforcement agencies must “specify the manner and division of responsibility for collecting and reporting the school-based arrests, citations and court referrals of students to the Department of Elementary and Secondary Education” (DESE). DESE began collecting data on school-related arrests in the 2018-19 school year. In the 2019-20 school year, DESE has expanded that collection to include data on all referrals to law enforcement. DESE has defined these terms as follows, borrowing the same definitions used by the U.S. Department of Education since its 2009 Civil Rights Data Collection.
A school-related arrest “[r]efers to an arrest of a student for any activity conducted on school grounds, during off campus school activities (including while taking school transportation), or due to a referral by any school official. All school-related arrests are considered referrals to law enforcement.”
A referral to law enforcement “[i]s an action by which a student is reported to any law enforcement agency or official, including a school police unit, for an incident that occurs on school grounds, during school-related events, or while taking school transportation, regardless of whether official action is taken. Citations, tickets, court referrals, and school-related arrests are considered referrals to law enforcement.”
I request the following public records, as defined in G. L. c. 4, § 7 (twenty-sixth):
1. An extract of your records management system or database that includes each school-related arrest and each referral to law enforcement conducted during the 2018-2019, 2019-2020, 2020-2021, and 2021-2022 school year (up until the day the records are produced). Specifically, we request an extract of the database to include the following columns:
a. Date of arrest or referral to law enforcement
b. Time of arrest or referral to law enforcement
c. Charge (or charges)
d. Whether the individual(s) was arrested or referred to law enforcement
e. Sex of individual(s) arrested or referred to law enforcement
f. Age of individual(s) arrested or referred to law enforcement
g. Race of individual(s) arrested or referred to law enforcement
h. Ethnicity of individual(s) arrested or referred to law enforcement
i. Disability status of the individual(s) arrested or referred to law enforcement
j. Whether the individual arrested or referred to law enforcement is a student at the school.
k. Name of arresting officer, if applicable, and
l. Badge number of the arresting officer or the officer that referred the youth to law enforcement, as applicable.
2. If such an extract of the database in question 1 is not possible, please provide school incident reports on each school-related arrest and referral to law enforcement conducted during the 2018-2019, 2019-2020, 2020-2021, and 2021-2022 school year (up until the day the records are produced).
3. A copy of any active standard operating procedures developed with the police department and/or other law enforcement agencies regarding police placement or activity in your corresponding school; and,
4. Any records instructing or informing police personnel of, or otherwise describing data reporting requirements and procedures for complying with G.L. c. 71 § 37P(b).
5. The cost to the school district of assigning a school resource officer to each school; and,
6. The total number of school resource officers and total number of guidance counselors for each school in your district for school years 2018-2019, 2019-2020, 2020-2021, and,
7. The total number and a brief description of 911 calls from schools in your district to local police departments conducted during the 2018-2019, 2019-2020, 2020-2021, and 2021-2022, and,
8. A description of the proposed budget for mental, social, or emotional health support personnel for the school district.
As this request involves a matter of public interest and will not be used for any commercial purpose, we ask that all fees associated with this request be waived pursuant to 950 C.M.R. 32.07(2)(k). The purpose of this request is to determine whether your school district and police department are complying with their reporting obligations under the Criminal Justice Reform Act. “The public has an interest in knowing whether public servants are carrying out their duties in an efficient and law-abiding manner.”
It would be ill-advised to impose a fee for data that your school district may have failed to report in violation of statutory and regulatory duty. Moreover, as you know, municipalities with a population of over 20,000 may not assess a fee for the first 2 hours of time spent searching for, compiling, segregating, redacting and reproducing a requested record. Finally, pursuant to 950 C.M.R. 32.07(2)(i), a records access officer shall assess no fee greater than the lowest hourly rate of a person capable of compiling, segregating, redacting and reproducing a requested record. In the event that a charge is incurred for this request which you will not waive, please so indicate and include an itemization of estimated good faith costs.
Please provide public records to a requestor in an electronic format unless the record is not available in an electronic format. G.L.c. 66, § 6A(d).
The Public Records Act requires that you comply with this request within ten (10) business days following receipt. If you believe that documents or data responsive to any request herein is not public record and thus not subject to disclosure, please set forth in writing the specific reasons for such assertion, including the specific exemption or exemptions that you believe apply. To the extent that you determine that records need to be redacted in order to be produced under any law protecting the privacy of named individuals, please do so rather than withholding them in their entirety.
If you have any questions about this request, or need additional time to respond, please contact me by phone at (617)-373-5862 or by email at k.stathulis@northeastern.edu. Thank you in advance for your prompt response to this request.
Sincerely,
Katherine Stathulis, Esq.
Center for Public Interest, Advocacy, and Collaboration
Northeastern University School of Law
From: Milton Police Department
Dear Katherine Stathulis:
Thank you for your interest in public records of Milton Police Department. Your request has been received and is being processed in accordance with the State Government Code. Your request was received in this office on 1/16/2024 and given the reference number P005496-011624 for tracking purposes. Records Requested: To whoever it may concern:
This letter constitutes a request pursuant to the Public Records Act, G.L. c.66, §10, for public records in the custody of your school district. Under the Criminal Justice Reform Act, school districts and law enforcement agencies must “specify the manner and division of responsibility for collecting and reporting the school-based arrests, citations and court referrals of students to the Department of Elementary and Secondary Education” (DESE). DESE began collecting data on school-related arrests in the 2018-19 school year. In the 2019-20 school year, DESE has expanded that collection to include data on all referrals to law enforcement. DESE has defined these terms as follows, borrowing the same definitions used by the U.S. Department of Education since its 2009 Civil Rights Data Collection.
A school-related arrest “[r]efers to an arrest of a student for any activity conducted on school grounds, during off campus school activities (including while taking school transportation), or due to a referral by any school official. All school-related arrests are considered referrals to law enforcement.”
A referral to law enforcement “[i]s an action by which a student is reported to any law enforcement agency or official, including a school police unit, for an incident that occurs on school grounds, during school-related events, or while taking school transportation, regardless of whether official action is taken. Citations, tickets, court referrals, and school-related arrests are considered referrals to law enforcement.”
I request the following public records, as defined in G. L. c. 4, § 7 (twenty-sixth):
1. An extract of your records management system or database that includes each school-related arrest and each referral to law enforcement conducted during the 2018-2019, 2019-2020, 2020-2021, and 2021-2022 school year (up until the day the records are produced). Specifically, we request an extract of the database to include the following columns:
a. Date of arrest or referral to law enforcement
b. Time of arrest or referral to law enforcement
c. Charge (or charges)
d. Whether the individual(s) was arrested or referred to law enforcement
e. Sex of individual(s) arrested or referred to law enforcement
f. Age of individual(s) arrested or referred to law enforcement
g. Race of individual(s) arrested or referred to law enforcement
h. Ethnicity of individual(s) arrested or referred to law enforcement
i. Disability status of the individual(s) arrested or referred to law enforcement
j. Whether the individual arrested or referred to law enforcement is a student at the school.
k. Name of arresting officer, if applicable, and
l. Badge number of the arresting officer or the officer that referred the youth to law enforcement, as applicable.
2. If such an extract of the database in question 1 is not possible, please provide school incident reports on each school-related arrest and referral to law enforcement conducted during the 2018-2019, 2019-2020, 2020-2021, and 2021-2022 school year (up until the day the records are produced).
3. A copy of any active standard operating procedures developed with the police department and/or other law enforcement agencies regarding police placement or activity in your corresponding school; and,
4. Any records instructing or informing police personnel of, or otherwise describing data reporting requirements and procedures for complying with G.L. c. 71 § 37P(b).
5. The cost to the school district of assigning a school resource officer to each school; and,
6. The total number of school resource officers and total number of guidance counselors for each school in your district for school years 2018-2019, 2019-2020, 2020-2021, and,
7. The total number and a brief description of 911 calls from schools in your district to local police departments conducted during the 2018-2019, 2019-2020, 2020-2021, and 2021-2022, and,
8. A description of the proposed budget for mental, social, or emotional health support personnel for the school district.
As this request involves a matter of public interest and will not be used for any commercial purpose, we ask that all fees associated with this request be waived pursuant to 950 C.M.R. 32.07(2)(k). The purpose of this request is to determine whether your school district and police department are complying with their reporting obligations under the Criminal Justice Reform Act. “The public has an interest in knowing whether public servants are carrying out their duties in an efficient and law-abiding manner.”
It would be ill-advised to impose a fee for data that your school district may have failed to report in violation of statutory and regulatory duty. Moreover, as you know, municipalities with a population of over 20,000 may not assess a fee for the first 2 hours of time spent searching for, compiling, segregating, redacting and reproducing a requested record. Finally, pursuant to 950 C.M.R. 32.07(2)(i), a records access officer shall assess no fee greater than the lowest hourly rate of a person capable of compiling, segregating, redacting and reproducing a requested record. In the event that a charge is incurred for this request which you will not waive, please so indicate and include an itemization of estimated good faith costs.
Please provide public records to a requestor in an electronic format unless the record is not available in an electronic format. G.L.c. 66, § 6A(d).
The Public Records Act requires that you comply with this request within ten (10) business days following receipt. If you believe that documents or data responsive to any request herein is not public record and thus not subject to disclosure, please set forth in writing the specific reasons for such assertion, including the specific exemption or exemptions that you believe apply. To the extent that you determine that records need to be redacted in order to be produced under any law protecting the privacy of named individuals, please do so rather than withholding them in their entirety.
If you have any questions about this request, or need additional time to respond, please contact me by phone at (617)-373-5862 or by email at k.stathulis@northeastern.edu. Thank you in advance for your prompt response to this request.
Sincerely,
Katherine Stathulis, Esq.
Center for Public Interest, Advocacy, and Collaboration
Northeastern University School of Law
Upload documents directly: https://www.muckrock.com/ Your request will be forwarded to the relevant department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question. PLEASE NOTE: The Massachusetts State Public Records Law does not require a governmental body to create new information. You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the Public Records Center.
Milton Police Department
From: Milton Police Department
--- Please respond above this line ---
I am reaching out to let you know that we have received your request. We are working on your request.
Due to the scope of the request I am putting together a fee schedule . I will send you the fee schedule and see how you would like to proceed.
Margaret Walsh
mwalsh@mpdmilton.rg
From: Milton Police Department
--- Please respond above this line ---
We are working on your request. Due to the scope of this request we are putting together a fee schedule. We can complete this request within the 2 hour limit.
Once I have completed the fee schedule I will send it to you.
Margaret Walsh
mwalsh@mpdmilton.org
From: Milton Police Department
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of January 16, 2024., Reference # P005496-011624. Dear Katherine Stathulis, The Milton Police Department received a public information request from you on January 16, 2024. Your request mentioned: "To whoever it may concern:
This letter constitutes a request pursuant to the Public Records Act, G.L. c.66, §10, for public records in the custody of your school district. Under the Criminal Justice Reform Act, school districts and law enforcement agencies must “specify the manner and division of responsibility for collecting and reporting the school-based arrests, citations and court referrals of students to the Department of Elementary and Secondary Education” (DESE). DESE began collecting data on school-related arrests in the 2018-19 school year. In the 2019-20 school year, DESE has expanded that collection to include data on all referrals to law enforcement. DESE has defined these terms as follows, borrowing the same definitions used by the U.S. Department of Education since its 2009 Civil Rights Data Collection.
A school-related arrest “[r]efers to an arrest of a student for any activity conducted on school grounds, during off campus school activities (including while taking school transportation), or due to a referral by any school official. All school-related arrests are considered referrals to law enforcement.”
A referral to law enforcement “[i]s an action by which a student is reported to any law enforcement agency or official, including a school police unit, for an incident that occurs on school grounds, during school-related events, or while taking school transportation, regardless of whether official action is taken. Citations, tickets, court referrals, and school-related arrests are considered referrals to law enforcement.”
I request the following public records, as defined in G. L. c. 4, § 7 (twenty-sixth):
1. An extract of your records management system or database that includes each school-related arrest and each referral to law enforcement conducted during the 2018-2019, 2019-2020, 2020-2021, and 2021-2022 school year (up until the day the records are produced). Specifically, we request an extract of the database to include the following columns:
a. Date of arrest or referral to law enforcement
b. Time of arrest or referral to law enforcement
c. Charge (or charges)
d. Whether the individual(s) was arrested or referred to law enforcement
e. Sex of individual(s) arrested or referred to law enforcement
f. Age of individual(s) arrested or referred to law enforcement
g. Race of individual(s) arrested or referred to law enforcement
h. Ethnicity of individual(s) arrested or referred to law enforcement
i. Disability status of the individual(s) arrested or referred to law enforcement
j. Whether the individual arrested or referred to law enforcement is a student at the school.
k. Name of arresting officer, if applicable, and
l. Badge number of the arresting officer or the officer that referred the youth to law enforcement, as applicable.
2. If such an extract of the database in question 1 is not possible, please provide school incident reports on each school-related arrest and referral to law enforcement conducted during the 2018-2019, 2019-2020, 2020-2021, and 2021-2022 school year (up until the day the records are produced).
3. A copy of any active standard operating procedures developed with the police department and/or other law enforcement agencies regarding police placement or activity in your corresponding school; and,
4. Any records instructing or informing police personnel of, or otherwise describing data reporting requirements and procedures for complying with G.L. c. 71 § 37P(b).
5. The cost to the school district of assigning a school resource officer to each school; and,
6. The total number of school resource officers and total number of guidance counselors for each school in your district for school years 2018-2019, 2019-2020, 2020-2021, and,
7. The total number and a brief description of 911 calls from schools in your district to local police departments conducted during the 2018-2019, 2019-2020, 2020-2021, and 2021-2022, and,
8. A description of the proposed budget for mental, social, or emotional health support personnel for the school district.
As this request involves a matter of public interest and will not be used for any commercial purpose, we ask that all fees associated with this request be waived pursuant to 950 C.M.R. 32.07(2)(k). The purpose of this request is to determine whether your school district and police department are complying with their reporting obligations under the Criminal Justice Reform Act. “The public has an interest in knowing whether public servants are carrying out their duties in an efficient and law-abiding manner.”
It would be ill-advised to impose a fee for data that your school district may have failed to report in violation of statutory and regulatory duty. Moreover, as you know, municipalities with a population of over 20,000 may not assess a fee for the first 2 hours of time spent searching for, compiling, segregating, redacting and reproducing a requested record. Finally, pursuant to 950 C.M.R. 32.07(2)(i), a records access officer shall assess no fee greater than the lowest hourly rate of a person capable of compiling, segregating, redacting and reproducing a requested record. In the event that a charge is incurred for this request which you will not waive, please so indicate and include an itemization of estimated good faith costs.
Please provide public records to a requestor in an electronic format unless the record is not available in an electronic format. G.L.c. 66, § 6A(d).
The Public Records Act requires that you comply with this request within ten (10) business days following receipt. If you believe that documents or data responsive to any request herein is not public record and thus not subject to disclosure, please set forth in writing the specific reasons for such assertion, including the specific exemption or exemptions that you believe apply. To the extent that you determine that records need to be redacted in order to be produced under any law protecting the privacy of named individuals, please do so rather than withholding them in their entirety.
If you have any questions about this request, or need additional time to respond, please contact me by phone at (617)-373-5862 or by email at k.stathulis@northeastern.edu. Thank you in advance for your prompt response to this request.
Sincerely,
Katherine Stathulis, Esq.
Center for Public Interest, Advocacy, and Collaboration
Northeastern University School of Law
Upload documents directly: https://www.muckrock.com/ --begin custom response here--- Due to scope we will be sending you out a fee schedule. I can not complete this request within 2 hours. Once I have it together I will send it and see how you would like to proceed. If you have any questions or need additional information, please feel free to contact my office at (617) 698-3800 . Sincerely, Lauren Morrissey Milton Police Department 40 Highland Street Milton MA 02186
From: Milton Police Department
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of January 16, 2024., Reference # P005496-011624. Dear Katherine Stathulis, The Milton Police Department received a public information request from you on January 16, 2024. Your request mentioned: "To whoever it may concern:
This letter constitutes a request pursuant to the Public Records Act, G.L. c.66, §10, for public records in the custody of your school district. Under the Criminal Justice Reform Act, school districts and law enforcement agencies must “specify the manner and division of responsibility for collecting and reporting the school-based arrests, citations and court referrals of students to the Department of Elementary and Secondary Education” (DESE). DESE began collecting data on school-related arrests in the 2018-19 school year. In the 2019-20 school year, DESE has expanded that collection to include data on all referrals to law enforcement. DESE has defined these terms as follows, borrowing the same definitions used by the U.S. Department of Education since its 2009 Civil Rights Data Collection.
A school-related arrest “[r]efers to an arrest of a student for any activity conducted on school grounds, during off campus school activities (including while taking school transportation), or due to a referral by any school official. All school-related arrests are considered referrals to law enforcement.”
A referral to law enforcement “[i]s an action by which a student is reported to any law enforcement agency or official, including a school police unit, for an incident that occurs on school grounds, during school-related events, or while taking school transportation, regardless of whether official action is taken. Citations, tickets, court referrals, and school-related arrests are considered referrals to law enforcement.”
I request the following public records, as defined in G. L. c. 4, § 7 (twenty-sixth):
1. An extract of your records management system or database that includes each school-related arrest and each referral to law enforcement conducted during the 2018-2019, 2019-2020, 2020-2021, and 2021-2022 school year (up until the day the records are produced). Specifically, we request an extract of the database to include the following columns:
a. Date of arrest or referral to law enforcement
b. Time of arrest or referral to law enforcement
c. Charge (or charges)
d. Whether the individual(s) was arrested or referred to law enforcement
e. Sex of individual(s) arrested or referred to law enforcement
f. Age of individual(s) arrested or referred to law enforcement
g. Race of individual(s) arrested or referred to law enforcement
h. Ethnicity of individual(s) arrested or referred to law enforcement
i. Disability status of the individual(s) arrested or referred to law enforcement
j. Whether the individual arrested or referred to law enforcement is a student at the school.
k. Name of arresting officer, if applicable, and
l. Badge number of the arresting officer or the officer that referred the youth to law enforcement, as applicable.
2. If such an extract of the database in question 1 is not possible, please provide school incident reports on each school-related arrest and referral to law enforcement conducted during the 2018-2019, 2019-2020, 2020-2021, and 2021-2022 school year (up until the day the records are produced).
3. A copy of any active standard operating procedures developed with the police department and/or other law enforcement agencies regarding police placement or activity in your corresponding school; and,
4. Any records instructing or informing police personnel of, or otherwise describing data reporting requirements and procedures for complying with G.L. c. 71 § 37P(b).
5. The cost to the school district of assigning a school resource officer to each school; and,
6. The total number of school resource officers and total number of guidance counselors for each school in your district for school years 2018-2019, 2019-2020, 2020-2021, and,
7. The total number and a brief description of 911 calls from schools in your district to local police departments conducted during the 2018-2019, 2019-2020, 2020-2021, and 2021-2022, and,
8. A description of the proposed budget for mental, social, or emotional health support personnel for the school district.
As this request involves a matter of public interest and will not be used for any commercial purpose, we ask that all fees associated with this request be waived pursuant to 950 C.M.R. 32.07(2)(k). The purpose of this request is to determine whether your school district and police department are complying with their reporting obligations under the Criminal Justice Reform Act. “The public has an interest in knowing whether public servants are carrying out their duties in an efficient and law-abiding manner.”
It would be ill-advised to impose a fee for data that your school district may have failed to report in violation of statutory and regulatory duty. Moreover, as you know, municipalities with a population of over 20,000 may not assess a fee for the first 2 hours of time spent searching for, compiling, segregating, redacting and reproducing a requested record. Finally, pursuant to 950 C.M.R. 32.07(2)(i), a records access officer shall assess no fee greater than the lowest hourly rate of a person capable of compiling, segregating, redacting and reproducing a requested record. In the event that a charge is incurred for this request which you will not waive, please so indicate and include an itemization of estimated good faith costs.
Please provide public records to a requestor in an electronic format unless the record is not available in an electronic format. G.L.c. 66, § 6A(d).
The Public Records Act requires that you comply with this request within ten (10) business days following receipt. If you believe that documents or data responsive to any request herein is not public record and thus not subject to disclosure, please set forth in writing the specific reasons for such assertion, including the specific exemption or exemptions that you believe apply. To the extent that you determine that records need to be redacted in order to be produced under any law protecting the privacy of named individuals, please do so rather than withholding them in their entirety.
If you have any questions about this request, or need additional time to respond, please contact me by phone at (617)-373-5862 or by email at k.stathulis@northeastern.edu. Thank you in advance for your prompt response to this request.
Sincerely,
Katherine Stathulis, Esq.
Center for Public Interest, Advocacy, and Collaboration
Northeastern University School of Law
Upload documents directly: https://www.muckrock.com/ --begin custom response here--- Katherine, I am working on putting together the fees schedule. I wanted to reach out to let you know that I will provide you with it once I have it completed. Margaret Walsh mwalsh@mpdmilton.org If the agency or municipality does not intend to produce records, or if it isunable to produce records within 10 business because the magnitude ordifficulty of the request or if multiple requests from the same requestor undulyburdens the other responsibilities of the agency or municipality, the agency ormunicipality must provide a written response to the requestor within 10business days of receiving the request.11The written response may be provided in person or sent via first class orelectronic mail, and must include the following, to the extent applicable:(i) confirm receipt of the request;(ii) identify any public records or categories of public records sought that arenot within the possession, custody, or control of the agency or municipalitythat the records access officer serves;(iii) identify the agency or municipality that may be in possession, custody orcontrol of the public record sought, if known;(iv) identify any records, categories of records or portions of records that theagency or municipality intends to withhold, and provide the specific reasonsfor such withholding, including the specific exemption or exemptions uponwhich the withholding is based, provided that nothing in the written responseshall limit an agency’s or municipality’s ability to redact or withholdinformation in accordance with state or federal law;(v) identify any public records, categories of records, or portions of recordsthat the agency or municipality intends to produce, and provide a detailedstatement describing why the magnitude or difficulty of the request unduly9 G. L. c. 66, § 10(a).10 G. L. c. 66, § 10(a)(i-iii). 11 G. L. c. 66, § 10(b).8 A Guide to the Massachusetts Public Records Lawburdens the other responsibilities of the agency or municipality and thereforerequires additional time to produce the public records sought;(vi) identify a reasonable timeframe in which the agency or municipality shallproduce the public records sought; provided, that for an agency, the timeframeshall not exceed 15 business days following the initial receipt of the requestfor public records and for a municipality the timeframe shall not exceed 25business days following the initial receipt of the request for public records;and provided further, that the requestor may voluntarily agree to a responsedate beyond the timeframes set forth herein;(vii) suggest a reasonable modification of the scope of the request or offer toassist the requestor to modify the scope of the request if doing so wouldenable the agency or municipality to produce records sought more efficientlyand affordably;(viii) include an itemized, good faith estimate of any fees that may be chargedto produce the records; and(ix) include a statement informing the requestor of the right of appeal to thesupervisor of records under subsection (a) of section 10A and the right to seekjudicial review of an unfavorable decision by commencing a civil action in thesuperior court under subsection (c) of section 10A.12A denial must detail the specific basis for withholding the requested If you have any questions or need additional information, please feel free to contact my office at (617) 698-3800 . Sincerely, Lauren Morrissey Milton Police Department 40 Highland Street Milton MA 02186
From: Milton Police Department
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of January 16, 2024., Reference # P005496-011624. Dear Katherine Stathulis, The Milton Police Department received a public information request from you on January 16, 2024. Your request mentioned: "To whoever it may concern:
This letter constitutes a request pursuant to the Public Records Act, G.L. c.66, §10, for public records in the custody of your school district. Under the Criminal Justice Reform Act, school districts and law enforcement agencies must “specify the manner and division of responsibility for collecting and reporting the school-based arrests, citations and court referrals of students to the Department of Elementary and Secondary Education” (DESE). DESE began collecting data on school-related arrests in the 2018-19 school year. In the 2019-20 school year, DESE has expanded that collection to include data on all referrals to law enforcement. DESE has defined these terms as follows, borrowing the same definitions used by the U.S. Department of Education since its 2009 Civil Rights Data Collection.
A school-related arrest “[r]efers to an arrest of a student for any activity conducted on school grounds, during off campus school activities (including while taking school transportation), or due to a referral by any school official. All school-related arrests are considered referrals to law enforcement.”
A referral to law enforcement “[i]s an action by which a student is reported to any law enforcement agency or official, including a school police unit, for an incident that occurs on school grounds, during school-related events, or while taking school transportation, regardless of whether official action is taken. Citations, tickets, court referrals, and school-related arrests are considered referrals to law enforcement.”
I request the following public records, as defined in G. L. c. 4, § 7 (twenty-sixth):
1. An extract of your records management system or database that includes each school-related arrest and each referral to law enforcement conducted during the 2018-2019, 2019-2020, 2020-2021, and 2021-2022 school year (up until the day the records are produced). Specifically, we request an extract of the database to include the following columns:
a. Date of arrest or referral to law enforcement
b. Time of arrest or referral to law enforcement
c. Charge (or charges)
d. Whether the individual(s) was arrested or referred to law enforcement
e. Sex of individual(s) arrested or referred to law enforcement
f. Age of individual(s) arrested or referred to law enforcement
g. Race of individual(s) arrested or referred to law enforcement
h. Ethnicity of individual(s) arrested or referred to law enforcement
i. Disability status of the individual(s) arrested or referred to law enforcement
j. Whether the individual arrested or referred to law enforcement is a student at the school.
k. Name of arresting officer, if applicable, and
l. Badge number of the arresting officer or the officer that referred the youth to law enforcement, as applicable.
2. If such an extract of the database in question 1 is not possible, please provide school incident reports on each school-related arrest and referral to law enforcement conducted during the 2018-2019, 2019-2020, 2020-2021, and 2021-2022 school year (up until the day the records are produced).
3. A copy of any active standard operating procedures developed with the police department and/or other law enforcement agencies regarding police placement or activity in your corresponding school; and,
4. Any records instructing or informing police personnel of, or otherwise describing data reporting requirements and procedures for complying with G.L. c. 71 § 37P(b).
5. The cost to the school district of assigning a school resource officer to each school; and,
6. The total number of school resource officers and total number of guidance counselors for each school in your district for school years 2018-2019, 2019-2020, 2020-2021, and,
7. The total number and a brief description of 911 calls from schools in your district to local police departments conducted during the 2018-2019, 2019-2020, 2020-2021, and 2021-2022, and,
8. A description of the proposed budget for mental, social, or emotional health support personnel for the school district.
As this request involves a matter of public interest and will not be used for any commercial purpose, we ask that all fees associated with this request be waived pursuant to 950 C.M.R. 32.07(2)(k). The purpose of this request is to determine whether your school district and police department are complying with their reporting obligations under the Criminal Justice Reform Act. “The public has an interest in knowing whether public servants are carrying out their duties in an efficient and law-abiding manner.”
It would be ill-advised to impose a fee for data that your school district may have failed to report in violation of statutory and regulatory duty. Moreover, as you know, municipalities with a population of over 20,000 may not assess a fee for the first 2 hours of time spent searching for, compiling, segregating, redacting and reproducing a requested record. Finally, pursuant to 950 C.M.R. 32.07(2)(i), a records access officer shall assess no fee greater than the lowest hourly rate of a person capable of compiling, segregating, redacting and reproducing a requested record. In the event that a charge is incurred for this request which you will not waive, please so indicate and include an itemization of estimated good faith costs.
Please provide public records to a requestor in an electronic format unless the record is not available in an electronic format. G.L.c. 66, § 6A(d).
The Public Records Act requires that you comply with this request within ten (10) business days following receipt. If you believe that documents or data responsive to any request herein is not public record and thus not subject to disclosure, please set forth in writing the specific reasons for such assertion, including the specific exemption or exemptions that you believe apply. To the extent that you determine that records need to be redacted in order to be produced under any law protecting the privacy of named individuals, please do so rather than withholding them in their entirety.
If you have any questions about this request, or need additional time to respond, please contact me by phone at (617)-373-5862 or by email at k.stathulis@northeastern.edu. Thank you in advance for your prompt response to this request.
Sincerely,
Katherine Stathulis, Esq.
Center for Public Interest, Advocacy, and Collaboration
Northeastern University School of Law
Upload documents directly: https://www.muckrock.com/ --begin custom response here--- Attached is the public records response with a fee schedule. If you have any questions please reach out. I will wait for your response before moving forward with this request. If you have any questions or need additional information, please feel free to contact my office at (617) 698-3800 . Sincerely, Lauren Morrissey Milton Police Department 40 Highland Street Milton MA 02186
From: Milton Police Department
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of January 16, 2024., Reference # P005496-011624. Dear Katherine Stathulis, The Milton Police Department received a public information request from you on January 16, 2024. Your request mentioned: "To whoever it may concern:
This letter constitutes a request pursuant to the Public Records Act, G.L. c.66, §10, for public records in the custody of your school district. Under the Criminal Justice Reform Act, school districts and law enforcement agencies must “specify the manner and division of responsibility for collecting and reporting the school-based arrests, citations and court referrals of students to the Department of Elementary and Secondary Education” (DESE). DESE began collecting data on school-related arrests in the 2018-19 school year. In the 2019-20 school year, DESE has expanded that collection to include data on all referrals to law enforcement. DESE has defined these terms as follows, borrowing the same definitions used by the U.S. Department of Education since its 2009 Civil Rights Data Collection.
A school-related arrest “[r]efers to an arrest of a student for any activity conducted on school grounds, during off campus school activities (including while taking school transportation), or due to a referral by any school official. All school-related arrests are considered referrals to law enforcement.”
A referral to law enforcement “[i]s an action by which a student is reported to any law enforcement agency or official, including a school police unit, for an incident that occurs on school grounds, during school-related events, or while taking school transportation, regardless of whether official action is taken. Citations, tickets, court referrals, and school-related arrests are considered referrals to law enforcement.”
I request the following public records, as defined in G. L. c. 4, § 7 (twenty-sixth):
1. An extract of your records management system or database that includes each school-related arrest and each referral to law enforcement conducted during the 2018-2019, 2019-2020, 2020-2021, and 2021-2022 school year (up until the day the records are produced). Specifically, we request an extract of the database to include the following columns:
a. Date of arrest or referral to law enforcement
b. Time of arrest or referral to law enforcement
c. Charge (or charges)
d. Whether the individual(s) was arrested or referred to law enforcement
e. Sex of individual(s) arrested or referred to law enforcement
f. Age of individual(s) arrested or referred to law enforcement
g. Race of individual(s) arrested or referred to law enforcement
h. Ethnicity of individual(s) arrested or referred to law enforcement
i. Disability status of the individual(s) arrested or referred to law enforcement
j. Whether the individual arrested or referred to law enforcement is a student at the school.
k. Name of arresting officer, if applicable, and
l. Badge number of the arresting officer or the officer that referred the youth to law enforcement, as applicable.
2. If such an extract of the database in question 1 is not possible, please provide school incident reports on each school-related arrest and referral to law enforcement conducted during the 2018-2019, 2019-2020, 2020-2021, and 2021-2022 school year (up until the day the records are produced).
3. A copy of any active standard operating procedures developed with the police department and/or other law enforcement agencies regarding police placement or activity in your corresponding school; and,
4. Any records instructing or informing police personnel of, or otherwise describing data reporting requirements and procedures for complying with G.L. c. 71 § 37P(b).
5. The cost to the school district of assigning a school resource officer to each school; and,
6. The total number of school resource officers and total number of guidance counselors for each school in your district for school years 2018-2019, 2019-2020, 2020-2021, and,
7. The total number and a brief description of 911 calls from schools in your district to local police departments conducted during the 2018-2019, 2019-2020, 2020-2021, and 2021-2022, and,
8. A description of the proposed budget for mental, social, or emotional health support personnel for the school district.
As this request involves a matter of public interest and will not be used for any commercial purpose, we ask that all fees associated with this request be waived pursuant to 950 C.M.R. 32.07(2)(k). The purpose of this request is to determine whether your school district and police department are complying with their reporting obligations under the Criminal Justice Reform Act. “The public has an interest in knowing whether public servants are carrying out their duties in an efficient and law-abiding manner.”
It would be ill-advised to impose a fee for data that your school district may have failed to report in violation of statutory and regulatory duty. Moreover, as you know, municipalities with a population of over 20,000 may not assess a fee for the first 2 hours of time spent searching for, compiling, segregating, redacting and reproducing a requested record. Finally, pursuant to 950 C.M.R. 32.07(2)(i), a records access officer shall assess no fee greater than the lowest hourly rate of a person capable of compiling, segregating, redacting and reproducing a requested record. In the event that a charge is incurred for this request which you will not waive, please so indicate and include an itemization of estimated good faith costs.
Please provide public records to a requestor in an electronic format unless the record is not available in an electronic format. G.L.c. 66, § 6A(d).
The Public Records Act requires that you comply with this request within ten (10) business days following receipt. If you believe that documents or data responsive to any request herein is not public record and thus not subject to disclosure, please set forth in writing the specific reasons for such assertion, including the specific exemption or exemptions that you believe apply. To the extent that you determine that records need to be redacted in order to be produced under any law protecting the privacy of named individuals, please do so rather than withholding them in their entirety.
If you have any questions about this request, or need additional time to respond, please contact me by phone at (617)-373-5862 or by email at k.stathulis@northeastern.edu. Thank you in advance for your prompt response to this request.
Sincerely,
Katherine Stathulis, Esq.
Center for Public Interest, Advocacy, and Collaboration
Northeastern University School of Law
Upload documents directly: https://www.muckrock.com/ --begin custom response here--- In response to your public records request: Our records management system is unable to produce the data you requested in item # 1. In anticipation of that, your alternative request in item # 2 requires us to search for, compile, segregate, redact and reproduce the records requested. Such segregation and redactions are required by law because your requests involve records related to juvenile criminal records, medical information, and personal information. Your requests in item # 7 also require us to search for, compile, segregate, redact and reproduce the records requested. Again, such segregation and redaction are required by law because your requests involve records related to juvenile criminal records, medical information, and personal information. Municipalities may include as part of the fee an hourly rate equal to or less than the hourly rate attributed to the lowest paid employee who has the necessary skill required to search for, compile, segregate, redact and reproduce the records requested. The records cannot prudently be completed without redaction and/or segregation. Based on your request, we anticipate it will take a total of 8 hours to complete this request. This estimate is based on the scope of this request as follows: We estimate 1 and ½ hours to search for all responsive records because we must search six different school addresses separately. We estimate 6 hours to segregate and redact these records because all criminal information involving those under 18 years of age must be identified and redacted; all medical information related to physical, mental, and substance use disorders must be identified and redacted; and all personal information related to individuals’ family members, witnesses, treatment providers, etc. must be identified and redacted. An additional ½ hour is needed to complete your requests for item #’s 3-6. Total time = 8 hours – 2 hours free = 6 hours @ $ 25 per hour = $ 150. You have the right to seek redress through the administrative process provided by the Supervisor of Records – Office of the Secretary of the Commonwealth
You can reach me to discuss this further via email. Please let me know how you would like to proceed. I will wait till I hear back from you or receive payment before I proceed with this request. Sincerely,
Margaret Walsh mwalsh@mpdmilton.org (mailto:mwalsh@mpdmilton.org) If you have any questions or need additional information, please feel free to contact my office at (617) 698-3800 . Sincerely, Lauren Morrissey Milton Police Department 40 Highland Street Milton MA 02186
Files
pages