New York City special education students and their parents should be aware of a potential disclosure of student records for the purpose of a class action lawsuit.
The potential disclosure may affect students who had an Individualized Education Program (IEP) prepared between 2003 and 2016 by the New York City Department of Education (DOE), and either attended a state-approved non-public school or were diagnosed or classified as autistic.
The student records are covered by a confidentiality agreement and would only be disclosed to the parties to the lawsuit, their attorneys, experts and the court.
The plaintiffs in the lawsuit, M.G. v. NYC DOE, are children with disabilities (and their parents) who attended State-approved non-public schools or were diagnosed or classified as autistic and claim that certain DOE policies violated the Individuals with Disabilities Education Act by preventing them from receiving special education services.
Parents who object to the disclosure of their children’s records may file an objection form by August 7, 2016 requesting that protected personal information be removed from those students’ records before they are released. Objecting to disclosure will not affect any rights that students and parents may have under the lawsuit or in relation to the DOE. The full notice and the objection form are located here.