Handberry, et al v. Thompson, et al
Filing
379
PROTECTIVE ORDER, AND ORDER REGARDING FERPA NOTICE PLAN...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 1/29/2025) (mml)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ZAKUNA-ZE HANDBERRY, ET AL.,
:
:
Plaintiffs,
:
:
- against :
:
:
WILLIAM C. THOMPSON, JR. ET AL.,
:
:
Defendants.
:
:
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01/29/2025
96-CV-6161 (GBD) (RWL)
PROTECTIVE ORDER,
AND ORDER REGARDING
FERPA NOTICE PLAN
ROBERT W. LEHRBURGER, United States Magistrate Judge.
This order addresses potential disclosure by Defendants to Plaintiff Class Counsel
of Plaintiff class members' education records containing personally identifying information
("PII") that is protected by the Family Education Rights and Privacy Act of 1974
("FERPA"). The PII may be found in documents including, but not limited to, requests for
education services (forms related to New York City Department of Correction ("DOC")
Directive 3503B); enrollment records; time and attendance records; Individualized
Education Programs ("IEPs") and/or Special Education Plans ("SEPs"); and records
concerning English Language Learner status.
Plaintiffs and Defendants (the “Parties”) have requested that the Court: (1) enter
an order protecting the right to privacy of Plaintiff class members in the educational
records that Defendants disclose to Plaintiff Class Counsel and approving a form of
Notice of Potential Disclosure of Education Records (the "Notice"); and (2) assuming
entry of a protective order with the restrictions set forth below, order Defendants to
disclose to Plaintiff Class Counsel the PII of: i) any current class member after compliance
with the Notice requirements described below and ii) in response to complaints by
individual class members that they are not receiving educational services. Following a
conference with the Parties and the Court, Defendants have submitted a revised form of
Notice for the Court’s approval. The Court has reviewed the proposed Notice and finds
it acceptable.
Accordingly, it is ORDERED that:
1.
Defendants shall produce to Plaintiff Class Counsel mutually agreed upon
records upon compliance with the notice requirements described below. If the Parties are
unable to agree on the application of the scope of disclosure as described above, either
party make seek the Court’s assistance;
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2.
The proposed Notice filed by Defendants on January 24, 2025 at Dkt. 3781 is APPROVED;
3.
By February 7, 2025, Defendants shall post the Notice in the following areas
in the facilities maintained by the DOC at Rikers Island: the school floors, as well as in
the Robert N. Davoren Complex, the Rose M. Singer Center, and Rose M. Singer
Enhanced Supervised Housing, where most of the potential Plaintiff class members
(individuals aged 18 to 21 years old) are housed;
4.
The New York City Department of Education ("DOE") and DOC shall make
reasonable, joint efforts to distribute a copy of the Notice to each current Plaintiff class
member through the month of February and to new class members on a rolling basis
through June 26, 2025;
5.
DOE will maintain a list of Plaintiff class members who have timely objected
to disclosure and retain copies of their objection forms.
6.
If a Plaintiff class member objects to disclosure in the manner specified in
the Notice, Defendants will not disclose to Plaintiff Class Counsel any PII in education
records concerning that class member except by further order of the Court or as
otherwise authorized by law;
7.
If a Plaintiff class member does not object to disclosure, Defendants'
disclosure to Plaintiff Class Counsel of PII in education records concerning that class
member in connection with this action shall be deemed to comply with FERPA;
8.
The PII disclosed by Defendants to Plaintiff Class Counsel pursuant to this
Order shall be maintained by the Parties in a confidential manner, and Plaintiff Class
Counsel shall not disclose PII to any other person, except:
a.
Counsel for Defendants;
b.
Consultants or experts assisting Plaintiff Class Counsel in the
Handberry lawsuit, to the extent deemed necessary by Plaintiff Class
Counsel;
c.
The Court (including a court reporter mediator, or other person
havjng access to PII by virtue of being employed by or whose
services are retained by, the Court), in which case such records will
be filed under seal without the need to obtain prior leave of Court;
and
d.
The current or former Plaintiff class member about whom the PII
pertains.
The PII disclosed under this Order shall be used by Plaintiff Class Counsel only in
connection with this action and not for any other litigation or other purpose.
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SO ORDERED.
_________________________________
ROBERT W. LEHRBURGER
UNITED STATES MAGISTRATE JUDGE
Dated: January 29, 2025
New York, New York
Copies transmitted this date to all counsel of record.
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