E.S. v. New York City Department of Education
- John Cronan
- 1:21-cv-09038
- U.S. District Court · Southern District of New York
- 2
In E.S. v. New York City Department of Education, Judge Cronan granted the request to file the IDEA administrative record under seal to protect a child’s privacy.
The minor student M.S., whose confidential educational and medical information is contained in the administrative record, and the parties to the IDEA action.
What happened
E.S. v. New York City Department of Education is an Individuals with Disabilities Education Act case involving a challenge, in part, to a final administrative decision concerning children with disabilities. The defendants asked to file the certified administrative record under seal.
The defendants said the record contained the minor student M.S.’s name, birth date, medical history, disabilities, educational records, and other identifying information. The request was made with the consent of the plaintiffs’ lawyer, and the defendants argued that protecting the student’s privacy outweighed the public’s interest in access to the record.
Judge John P. Cronan granted the request. He ordered that the defendants may file the certified administrative record under seal.
The detailed version
- E.S. v. New York City Department of Education · No. 1:21-cv-09038
- John Cronan
- Feb. 2, 2022
Background
The plaintiffs brought this action under the Individuals with Disabilities Education Act (IDEA), challenging in part an underlying final administrative decision. The defendants submitted a certified copy of the administrative record and requested permission to file it under seal.
Request to Seal
The defendants argued that the record contained confidential information about the minor student M.S., including the student’s name, date of birth, other identifying information, medical history, disabilities, educational records, and educational progress and history. They also cited privacy protections under Federal Rule of Civil Procedure 5.2, the IDEA, and the Family Educational Rights and Privacy Act.
The request was made with the consent of the plaintiffs’ counsel. The defendants argued that the privacy interests of the minor student constituted a compelling reason to restrict public access to the record and outweighed the public’s interest in access.
Ruling
The request is granted. Defendants may file the certified administrative record under seal. The order addresses access to the record and does not decide the underlying IDEA dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.