E.K. v. New York City Department of Education

Background

The action arises under the Individuals with Disabilities Education Act. The New York City Department of Education and the plaintiffs jointly requested permission to file the certified administrative record under seal. The record concerns minor student J.A.K. and contains the student’s name, date of birth, other identifying information, medical history, disabilities, educational records, and educational progress and history.

Request to Seal

The parties relied on Federal Rule of Civil Procedure 5.2 and privacy protections under the Individuals with Disabilities Education Act and the Family Educational Rights and Privacy Act. They argued that the record should remain confidential because the underlying administrative proceeding was presumptively closed to the public and because disclosure would implicate J.A.K.’s privacy interests.

Ruling

The court stated that the three-part inquiry in Lugosch v. Pyramid Co. of Onondaga governs requests to seal documents. The court found that J.A.K.’s privacy interests in keeping their education and medical history confidential outweighed the public’s interest in access. The application was GRANTED. The Clerk of Court was directed to close the motion at Docket 28.

This order concerns access to the administrative record. The opinion does not decide the underlying Individuals with Disabilities Education Act dispute.