NOTICE OF POTENTIAL DISCLOSURE OF STUDENT RECORDS

(M.G. et al. v. N.Y. City Dep’t of Educ., et al., 13 CV 4639 (SHS))

Please read this notice carefully. This is a message from the United States District Court
in the case identified above. Attorneys, representing children with disabilities and their parents in
a class action lawsuit concerning certain special education services and policies in New York City,
are seeking access to student records, which are covered by a Confidentiality Agreement between
the parties and will not be disclosed to anyone other than the parties’ attorneys, their experts, and
the Court. No student’s records will be disclosed to the public or to any other student or
parent without express consent of the student’s parent/guardian or by a student now over
eighteen years of age.

This notice may apply to you if you are a current or former student, or the parent or
guardian of a student who had an Individualized Education Program (“IEP”) prepared by the New
York City Department of Education between 2003 and 2016 AND either:

1) attended a State-approved non-public school; OR
2) was diagnosed as autistic or classified as autistic by a NYC Department of Education
Committee on Special Education.

If your child was over twenty-one years of age on July 3, 2013, s/he is not a member of
this Class and this Notice does not apply to you.

NATURE OF THE LAWSUIT
In the lawsuit, M.G. v. NYC DOE, the plaintiffs are children with disabilities and their
parents. The plaintiffs represent classes of New York City students who attend or attended New
York State-approved non-public schools or are classified or diagnosed as autistic (“class
members”). The plaintiffs allege that the New York City Department of Education and the New
York State Education Department have violated the Individuals with Disabilities Education Act,
among other related laws, by adopting policies that prevent class members from receiving certain
special education services. The NYC Department of Education and the State Education
Department deny these allegations. Plaintiffs seek, among other relief, injunctions to change these
alleged policies.

REQUEST FOR DOCUMENTS
As part of this lawsuit, Plaintiffs seek certain documents from the City and State
Departments of Education which contain protected personal information of student class members.
“Protected Personal Information” includes but is not limited to: student names; parent and guardian
names (including maiden names of mother); names of family members; social security numbers;
home addresses; and home phone numbers; and date and place of birth.
Examples of requested documents include: IEPs; impartial hearing records and transcripts;
special education assessments and evaluations; report cards and progress reports; and documents
provided by a parent for the student’s file.
To ensure that the documents are kept strictly confidential and will only be viewed by the
parties’ attorneys, their experts, and the Court, the parties have entered into a court-ordered
Confidentiality Agreement.

STUDENTS’ ENTITLEMENT TO CONFIDENTIALITY
The Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g(b) and 34
C.F.R. § 99.31(a)(9)(ii), and the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C.
§§ 1400, et seq. are federal laws that protect the privacy of student records. These laws permit the
disclosure of these records pursuant to a court order, so long as the school district makes a
reasonable effort to notify students and parents before disclosing the records and provides them
with an opportunity to object to the production of protected personal information contained in
these records.

If, after notice, a parent and/or student objects, the documents may be produced, but
Protected Personal Information will be removed.

CONSENT AND OPPORTUNITY TO OBJECT
This notice does not affect any of your rights or your child’s rights in relation to the MG
Litigation or any other matter you may have pending with the NYC Department of Education.
You are free to object to the disclosure of your child’s records. If you have an attorney or
advocate assisting you, you may wish to speak with him or her about this Notice.
If you do not object to the disclosure of the information described above, no action is
required.

If you do object to the disclosure of the information described above, you must:
Complete the “Objection to Disclosure of Student Information and Records Case No. 13-CV-
4639” form found at the http://schools.nyc.gov/potential_disclosure, and
mailing it to the Court at the following address:

The Honorable Sidney H. Stein
c/o Clerk of the Court
Southern District of New York
500 Pearl Street, Courtroom #23A
New York, NY 10007
Attn: DOCUMENT FILED UNDER SEAL

ALL OBJECTIONS MUST BE RECEIVED BY THE COURT BY AUGUST 7, 2016.
DO NOT CALL THE COURT. THE COURT WILL NOT ACCEPT PHONE
CALLS ABOUT THIS MATTER.

Plaintiffs are represented by Friedman & Moses, 233 Broadway, Suite 901, New York, NY
10279, www.friedmanandmoses.com. Phone number: 212-293-8686. You should be aware you
may be contacted by counsel for the Plaintiffs’ class.

If you would like more information about this lawsuit or instructions on how to object to
the disclosure of your child’s records (or your records if you are over eighteen), or if you need a
translation of this Notice, please visit http://schools.nyc.gov/potential_disclosure. If you wish to
receive an objection form by mail, you can leave a message at 718-935-5655 and a form will be
mailed to you.

If you do not submit an objection form by August 7, 2016, you are considered to have
waived your right to object to the disclosure of the student’s information and records containing
Protected Personal Information. All objections will be maintained by the Court under seal.
Translations in Spanish, Arabic, Bengali, Chinese, French, Haitian Creole, Korean,
Russian, and Urdu are available at: http://schools.nyc.gov/potential_disclosure.