KIMBERLY C. TAVARES (p. 2) Attorney & Counselor at Law 955 Coney Island Avenue, Suite 210 Brooklyn, NY. 11230 Office: 917.300.8435 Fax:718.310.3183 E-mail: [email protected] PLAINTIFF’S FIRST LETTER MOTION FOR CERTIFIED RECORD BE FILED UNDER SEAL March 14, 2025 By ECF Hon. Judge H. Jennifer Rearden United States District Court Southern District Court of New York 500 Pearl Street New York, NY 10007 RE: M.K. et al. v New York City Department of Education 1:24 CV-04900 (JHR) Dear Judge Rearden: I am representing the Plaintiff’s in the above-referenced matter. I am submitting this letter motion to respectfully request that the Certified Record from the Office of State Review attached hereto for filing in the above-entitled matter be filed under seal pursuant to Federal Rule of Civil Procedure 5.2(d) as the record contains sensitive and confidential information pertaining to the sensitive medical and educational history of a minor child which outweighs the public’s right to information. Pursuant to the Individuals with Disabilities Education Act (IDEA),

(c ) and the Family Educational Rights And Privacy Act (FERPA), 20 U.S.C. Sec. 1232g, the confidentiality of student records must be maintained to protect the privacy of the student and their family. K.H. is a minor who receives special education services and related supports under the IDEA. Their educational records contain sensitive information regarding individualized education program (IEP) services, counseling, social-emotional development and related medical history. Public disclosure of these records would not only violate federal confidentiality protections but could also result in undue harm to the student’s privacy and well-being. Court’s in this district and across the country have routinely recognized the compelling interest in protecting the identities and private information of children with disabilities in proceedings involving IDEA claims. See, e.g., P.M. v. Evans-Brant Cent. Sch. Dist., No. 08-CVB-168A,

(W._D.N_Y. Sept. 22, 2008) Given the substantial privacy interests at stake, allowing the Certified Record to be filed under seal is necessary and appropriate to ensure compliance with federal law and to safeguard the student’s identity. For the foregoing reasons, I respectfully request that the Court issue an order sealing the student’s educational and medical records in this case. Please do not hesitate to contact me should the Court require additional information. Thank you for your time and consideration. Respectfully submitted, /s/ Kimberly C. Tavares Counsel for Plaintiffs

Cc: All Counsel of record (via ECF)

Although “[t}he common law right of public access to judicial documents is firmly rooted in our nation’s history,” this right is not absolute, and courts “must balance competing considerations against” the presumption of access. Lugosch v. Pyramid Co. of Onondaga,

(2d Cir. 2006) (inter quotation marks omitted); see also Nixon v. Warner Comme ’ns., Inc.,

(1978) (“[T]he decision as to access is one best left to the sound discretion of the trial court, a discretion to be exercised 11 light of the relevant facts and circumstances of the particular case.”). Courts frequently permit filings und seal in IDEA actions 1n order to protect the privacy interests of minor plaintiffs, including in maintaining | confidentiality of their medical and other sensitive information. See, e.g., J.L. on behalf of J.P. v. New Yo City Dep’t of Educ., No. 17 Civ. 7150 (PAC) (KHP),

, at *3 (S.D.N.Y. Jan. 25, 2024). 17 administrative record here contains confidential and personally identifiable details related to the minor chi including “individualized education program . . . services, counseling, social-emotional development and related medical history.” Because the privacy interests inherent in this information are high, and the publi interest in accessing this information ts relatively low, Plaintiffs’ application is GRANTED. The Clerk of Court is directed to maintain ECF No. 28 under seal and terminate ECF No. 27. SO ORDERED. Jennifer H. Rearden, U.S.D.J. ated: April 4, 2025