Massachusetts Charter Schools Must Open Their Records: How the Rule Compares Across Our Jurisdictions
On March 11, 2026, the Massachusetts Supreme Judicial Court held in Attorney General v. Mystic Valley Regional Charter School that Commonwealth charter schools are public agencies subject to the state Public Records Law. Writing for the court, Justice Serge Georges Jr. concluded that these schools are authorities established by the Legislature to serve a public purpose and, therefore, fall within the statute’s reach.
The reasoning
The court pointed to features the Legislature built into the charter framework: charter schools are designated “public schools,” their trustees “shall be deemed to be public agents authorized by the [C]ommonwealth,” they are funded through a state formula, and their employees are treated as public employees in certain liability contexts. The school had argued that it more closely resembled a private corporation. The court rejected that characterization.
How the case arose
The dispute began when requesters sought corporate filings, contracts, ledgers, and communications. Mystic Valley declined at least ten public records requests between January and November 2022. The Supervisor of Public Records ordered compliance and referred the matter to the Attorney General, who filed a lawsuit against Mystic Valley in 2023 and prevailed in Superior Court, prompting an appeal by Mystic Valley. The SJC transferred the case on its own accord from the Appeals Court and ultimately affirmed the lower court’s ruling.
How this compares across our jurisdictions
Massachusetts now joins states that treat charter schools as records-accessible public bodies, though each of our jurisdictions arrive there differently.
Are charter schools subject to the public records law?
Massachusetts. Yes, as of the March 2026 SJC ruling. Commonwealth charter schools are public agencies under the Public Records Law by judicial interpretation.
New York. Yes, by statute. Education Law § 2854(1)(e) expressly subjects charter schools to FOIL and the Open Meetings Law.
Connecticut. Yes for the schools themselves, which are public agencies under FOIA. The somewaht unsettled question is charter management organizations (CMOs), which are covered only if they are the “functional equivalent” of a public agency.
District of Columbia. Largely no. Individual charter schools are generally outside the DC FOIA; only the chartering board (DC PCSB) is clearly covered. Advisory opinions and proposed legislation continue to debate extending coverage.
The through-line. Massachusetts has reached by court decision what New York codified by statute and Connecticut applies to the schools directly. DC remains the outlier among our four jurisdictions; charter schools there are largely beyond public-records reach. For clients operating charter schools or CMOs across state lines, records obligations now differ meaningfully by jurisdiction, and a request that must be answered in Boston, Albany, or Hartford may not carry the same force in Washington.
About the author. Lauren Koster is Managing Partner of Commonlight Legal and a former law clerk to the Massachusetts Supreme Judicial Court. She leads the firm's charter and independent school practice, with a track record of administrative appeals and systemic advocacy on behalf of charter schools.
This article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For advice specific to your organization's situation, contact your attorney or schedule a consultation with us.
