Supreme Judicial Court Confirms Massachusetts Charter Public Schools Are Subject to Public Records Law
On March 11, 2026, the Supreme Judicial Court (the “SJC”) confirmed that Massachusetts charter public schools are subject to the Public Records Law, M.G.L. c. 66, § 10 (the “Public Records Law”). The SJC’s position is consistent with longstanding advice provided by Krokidas & Bluestein LLP. Nevertheless, the SJC’s analysis of charter schools is of interest.
In a decision authored by Justice Serge Georges in the case of Attorney General v. Mystic Valley Regional Charter School, the SJC stated that the purpose of the Public Records Law is to give the public broad access to governmental records. As Justice Georges noted in his decision, the Massachusetts Legislature has clearly designated Massachusetts charter public schools as public schools established to serve a public purpose, charter school trustees are considered public agents under state law, and charter school employees are considered public employees for the purposes of tort liability (M.G.L. c. 258) and the state Conflict of Interest Law (M.G.L. c. 268A). In addition, the Commonwealth undertakes extensive oversight of charter public schools, particularly through the Board of Elementary and Secondary Education.
Notably, the SJC compared the more private attributes of Massachusetts charter public schools, such as their independence from school committees, as similar to those found in other governmental entities such as housing and building authorities. The SJC stated in its opinion that “their corporate form does not alter the fundamentally public character of their mission and function.” The decision noted that the operational independence of charter schools is the tool provided by the Legislature to advance charter school’s public educational goals, allowing them to operate as “laboratories of change” and permitting experimentation that encourages creativity in addressing the needs of the Commonwealth’s children. Moreover, the SJC reasoned that excluding Commonwealth charter schools would frustrate the Legislature’s goal of holding school staff accountable for students’ educational outcomes.
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.
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.
[1] Docket No. SJC-13769.
