Polanco v. Porter

Background

The action was brought under the Individuals with Disabilities Education Act (IDEA) on behalf of a minor student identified as A.D. The defendants sought permission to file the certified administrative record under seal. The record included transcripts from hearings before the Impartial Hearing Office and State Review Office, exhibits, educational records, and medical records.

Request to Seal

The defendants argued that the record contained confidential information, including A.D.’s name, date of birth, other identifying information, medical history, disabilities, educational progress, and educational history. They cited federal court filing rules, the IDEA, and the Family Educational Rights and Privacy Act. They also argued that the underlying administrative proceeding was presumptively closed to the public.

The defendants relied on the standard for sealing judicial documents, including the privacy interests of people opposing disclosure. They argued that protecting A.D.’s privacy was a compelling reason that outweighed the public’s interest in accessing the record. The request was made with the consent of the plaintiff’s counsel.

Ruling

Judge Mary Kay Vyskocil granted the request. The order allowed the certified administrative record to be filed under seal. The opinion does not decide the underlying IDEA dispute.