Goldstein, Ackerhalt & Pletcher
70 Niagara Street, Suite 200 Buffalo , New York, 14202
Phone: 716-362-1533
Fax: 716-362-1534

The GAP Attorneys Blog

Meeting the needs of people with disabilities, their families, educators & service providers

Posts Tagged ‘open hearing’

Hearing records remain confidential, despite parent’s election of an open hearing.

Thursday, October 18th, 2012

Oakstone Community School v. Williams, 58 IDELR 256 (S.D. Ohio 2012):  A federal district court ordered that the transcript, hearing exhibits, and first page of an IHO decision (following an impartial hearing) be sealed at the parent’s request.  The parent had exercised her right to an open hearing, and members of the public attended (including an individual who attempted to videotape the proceedings).  In light of the open hearing, the school sought to have the hearing records (including transcript and exhibits) kept from being held under seal in the federal court action.  The Court held for the parent, noting that, while the parent opted for an open hearing, the duty of confidentiality flowed to the student and the open hearing did not diminish the student’s privacy interests.  Accordingly, since exercising the right to an open hearing does not waive confidentiality provisions of FERPA and IDEA, the records were sealed to preserve their confidentiality.

Tags: , , ,
Posted in Uncategorized | Comments Off on Hearing records remain confidential, despite parent’s election of an open hearing.

Entries (RSS) | Comments (RSS).