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The GAP Attorneys Blog

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Parents’ retaliation allegation supersedes child abuse reporter confidentiality

Grummons v. Williamson County Board of Education, 63 IDELR 61 (M.D. Tenn. 2014):  The parents of a student with a disability convinced a federal magistrate judge to supersede a state’s child abuse reporting confidentiality provisions.  The parents, suing under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, alleged that the school district reported them to the department of children’s services (DCS) in retaliation for the parents’ challenge to the district’s provision of special education services.  The court deemed the information relevant, but in order to balance the interest of confidential reporting, the requested information (namely, the identity of the individual(s) who submitted the report to DCS) would be disclosed to the parents, but was limited for use in the instant litigation and could only be disseminated on a “good faith need to know” basis.

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