## Facts

- Biljana Ragusa, a high school mathematics teacher, sued the Malverne Union Free School District, its Board of Education, and the Superintendent, alleging discrimination (including denial of tenure) and failure to accommodate under federal and state law.
- During discovery, Ragusa served document requests seeking, among other items, student academic-performance and behavioral records from the mathematics department for a multi-year period.
- Ragusa asserted the student records were needed to support her theory that the stated reasons for denying tenure were pretextual.
- Ragusa sought to use the records to show that her assignments included a higher number of special-education students, including students with Behavior Intervention Plans (BIPs), affecting classroom discipline and evaluations.
- Ragusa also sought to show that students in her classes met Individualized Education Program (IEP) goals, bearing on the accuracy of the district’s performance criticisms.
- Ragusa requested comparative student scores and records to compare outcomes among math teachers.
- Defendants opposed production, arguing the student records were irrelevant and that FERPA barred disclosure of personally identifiable student information.
- Ragusa moved to compel production and proposed redaction of identifying information and use of confidentiality protections.

## Issues

1. Whether student academic and behavioral records sought by a teacher-plaintiff are relevant and discoverable to support discrimination and pretext theories in an employment case against a school district.
2. Whether FERPA precludes discovery of such records, or instead permits disclosure with redaction and confidentiality safeguards.

## Decision

- The court granted Ragusa’s motion to compel documents responsive to the request for student academic and behavioral records.
- The court found the requested records within the scope of discovery because they could support claims of discriminatory pretext through evidence of class composition, discipline-related conditions, attainment of IEP goals, and comparisons with other teachers’ student outcomes.
- The court held FERPA did not operate as an absolute bar to disclosure in civil discovery.
- The court required that production occur with appropriate privacy protections, including redaction of personally identifying information and use of confidentiality/protective procedures.

## Legal Principles

- Discovery relevance is broad; information is discoverable when it is reasonably calculated to lead to admissible evidence concerning disputed issues such as discriminatory intent and pretext.
- Comparative and performance-related data can be relevant in employment discrimination litigation, including evidence bearing on the truth of stated performance-based reasons for adverse actions.
- FERPA is a privacy statute tied to federal funding and does not create an automatic evidentiary privilege that categorically blocks civil discovery.
- When education records are sought, courts may permit disclosure by balancing need against privacy and by using protective measures such as redaction and protective orders to limit dissemination and prevent identification.

## Conclusion

The court ordered production of the requested student academic and behavioral records because they could support the teacher’s discrimination and pretext theories, and FERPA concerns could be addressed through redaction and confidentiality safeguards rather than denying discovery.


Ragusa v. Malverne Union Free Sch. Dist., 549 F. Supp. 2d 288 (E.D.N.Y. 2008)