M.K. v. New York City Department of Education
- Laura Swain
- 1:24-cv-04900
- U.S. District Court · Southern District of New York
- 2
In M.K. v. New York City Department of Education, Judge Rearden granted plaintiffs’ request to seal a minor child’s confidential educational and medical records.
The plaintiffs and the minor child whose educational and medical information appears in the record; public access to ECF No. 28 is restricted.
What happened
In M.K. et al. v. New York City Department of Education, the plaintiffs asked the court to seal a certified administrative record containing sensitive information about a minor child’s education and medical history.
The request described information about special-education services, counseling, social-emotional development, and related medical history. Plaintiffs argued that protecting the child’s privacy outweighed the public’s interest in accessing the record.
Judge Jennifer H. Rearden granted the application. She directed the Clerk of Court to keep ECF No. 28 under seal and to terminate ECF No. 27.
The detailed version
- M.K. v. New York City Department of Education · No. 1:24-cv-04900
- Laura Swain
- Apr. 4, 2025
Background
Plaintiffs filed a letter motion asking the court to seal a certified record from the Office of State Review. The motion stated that the record contained sensitive and confidential information concerning a minor child referred to as K.H., including individualized education program services, counseling, social-emotional development, and related medical history. Plaintiffs relied on privacy protections in the Individuals with Disabilities Education Act and the Family Educational Rights and Privacy Act, as well as Federal Rule of Civil Procedure 5.2(d).
Court’s analysis
The court explained that judicial documents generally carry a common-law presumption of public access, but that access is not absolute. Courts must balance the public’s interest in access against competing considerations. The court noted that courts frequently allow filings to be kept from public view in cases involving the Individuals with Disabilities Education Act to protect minor plaintiffs’ medical and other sensitive information.
The court found that the administrative record contained confidential and personally identifiable information about the minor child. It concluded that the child’s privacy interests were high and that the public interest in accessing the information was relatively low.
Ruling
Judge Rearden granted plaintiffs’ application to seal the record. The Clerk of Court was directed to maintain ECF No. 28 under seal and terminate ECF No. 27. The opinion addressed only the sealing request; it did not decide the underlying dispute described in the record.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.