Supreme Judicial Court to Hear Case Involving Public Records Request Obligations for Massachusetts Charter Public Schools
On November 3, 2025, the Supreme Judicial Court (“SJC”) will consider Massachusetts charter public schools’ obligations under M.G.L. c. 66, § 10 (the “Public Records Law”), in the case of Attorney General v. Mystic Valley Regional Charter School, SJC-13769. While Attorney General Andrea Campbell takes the position that Massachusetts charter public schools are governmental entities subject to the Public Records Law, Mystic Valley Regional Charter School (“Mystic Valley”) claims that charter schools are not subject to public records requests.
What Happened in the Case:
In 2022, Mystic Valley received several public records requests that included requests for lease records, treasurer reports, non-disclosure agreements, employment contracts, and more. Mystic Valley declined to provide the records, claiming that it was not subject to the Public Records Law. The individuals and entities that submitted the requests appealed to the Supervisor of Records, who then ordered Mystic Valley to comply with the public records requests. Mystic Valley refused. The Supervisor referred the matter to the Attorney General in April 2023.
On July 31, 2023, the Attorney General filed suit against Mystic Valley seeking a declaration that Mystic Valley is subject to the Public Records Law. Following a hearing, a Superior Court judge found that Mystic Valley is a governmental entity subject to the Public Records Law and must respond to public records requests.
Mystic Valley appealed from the judge’s decision, and the SJC transferred the case from the Massachusetts Appeals Court to the SJC.
The Issue Before the SJC:
On appeal, Mystic Valley claims that it is exempt from the Public Records Law because (1) it is not a governmental entity; (2) it does not use public funds to provide pensions to state employees; and (3) it would be a significant burden, and one unsupported by public policy, to require a Massachusetts charter school to respond to public records requests.
The Attorney General argues that because Mystic Valley is created by state statute and can only exist and operate by the renewal of its charter, performs a government function in providing a public education, is publicly-funded and expends those funds for public education, and is controlled in large part by government officials, and because governmental interests outweigh any private interests the school may have, Mystic Valley is a governmental entity for purposes of the Public Records Law.
Implications for Massachusetts Charter Public Schools and Next Steps:
The case is scheduled for oral argument on November 3, 2025, at 9:00 am EST. We advise that Massachusetts charter public schools continue to respond to public records requests in compliance with the Public Records Law, until further notice. If this case changes Massachusetts charter public schools’ obligations regarding public records requests, we will issue a subsequent alert.
If you have any questions regarding compliance with the Public Records Law, please reach out to K&B attorneys Bettina Toner (btoner@kb-law.com), Elka Sachs (esachs@kb-law.com), or Eric Jordan (ejordan@kb-law.com).
Krokidas & Bluestein LLP's Education Law Practice provides a full array of advice and guidance to charter schools and other education entities on a wide range of legal matters including student discipline, special education, employment, governance, tax, regulatory and compliance matters, real estate, financing, and litigation.
