KN. & LN. 0/b/0 SN. v. Pearl River Union Free School District

Request

The plaintiffs filed a letter-motion asking for permission to file under seal the administrative record from an underlying hearing under the Individuals with Disabilities Education Act. The record was Bates-stamped AR-1 through AR-2314.

Reasons for sealing

The plaintiffs stated that the record contained student education records protected by the Family Educational Rights and Privacy Act, as well as personally identifying information about a minor student with disabilities. They identified materials such as individualized education programs, psychological and educational evaluations, progress reports, medical diagnoses, and descriptions of the student’s disabilities and educational needs. They argued that the record should be sealed in full because protected information appeared throughout it and extensive redaction would make the record difficult to understand. The plaintiffs also stated that counsel for all parties agreed that sealing was required by federal privacy and confidentiality rules.

Court’s action

The court observed that the plaintiffs had apparently filed the unsealed, unredacted administrative record publicly as Document 11. Judge Philip M. Halpern directed the Clerk of Court to strike Document 11 from the docket but retain the summary docket text for the record. The plaintiffs may re-file the certified administrative record under seal. The opinion does not separately state that the letter-motion was granted or denied; it states the filing instructions described above.