Massachusetts charter schools subject to public records law, Supreme Judicial Court rules

Massachusetts charter schools are public entities and must comply with the public records law, the Supreme Judicial Court ruled in a case between Mystic Valley Regional Charter School and the Attorney General.

“For the reasons explained below, we conclude that Commonwealth charter schools, including Mystic Valley, are
‘agencies’ subject to the public records law,” wrote Justice Serge Georges in the SJC judgement released Wednesday. “As a matter of statutory interpretation, a Commonwealth charter school qualifies as an ‘authority established by the general court to serve a public purpose,’ … and therefore falls squarely within the class of governmental entities expressly covered by the public records law.”

Attorney General Andrea Joy Campbell filed a lawsuit against the charter school in July 2023 alleging that Mystic Valley had received and declined at least 10 public records requests between Jan. 2022 and Nov. 2022. In responses to the requests the school stated it “does not fall under the categories of entities handling public
documents,” the SJC decision stated.

The AG previously secured a judgement from a Superior Court judge, and after Mystic Valley appealed, the ruling was affirmed Wednesday by the SJC.

Commonwealth charter schools are “tuition-free public schools that operate pursuant to a charter approved by the Board of Elementary and Secondary Education (BESE) and are subject to ongoing oversight by the Department of Elementary and Secondary Education (DESE),” the decision stated.

“My office took this case to court to enforce the public’s right to access information under our public records law,” said Campbell on Wednesday. “Today, the court affirmed our fight for transparency and sent a clear message that any taxpayer-funded school, including charter schools, must follow the law. Transparency is essential to public trust and a healthy democracy, and we will continue enforcing the law to ensure that right is upheld.”

Massachusetts Charter Public School Association said Wednesday they “welcome the Supreme Judicial Court’s decision.”

“Today’s decision reaffirms, once again, what Massachusetts law has made clear for more than three decades:  charter public schools are public schools,” said MCPSA Executive Director Tim Nicolette. “Since their creation, Massachusetts charter public schools have embraced both transparency and accountability – not only to the state, but also to students, families, and local communities. As such, outside of this exception, charter public schools across the state have regularly and consistently complied with public records requests.”

The AG’s office said they have successfully enforced 27 of the 36 cases referred by the Supervisor of Public Records since 2017.