UNITED STATES DISTRICT COURT 

FOR THE 

DISTRICT OF NEW HAMPSHIRE 

 

 ) 

GARY JOUBERT f/n/f IAN JOUBERT and ) 

IAN JOUBERT, INDIVIDUALLY ) 

 Plaintiffs ) 

 ) 

vs. ) CIVIL ACTION 

 ) NO. 7-CV-182-JL 

 ) 

MICHAEL W. DELAHANTY, SUPERINTENDENT, ) 

SALEM SCHOOL DISTRICT ) 

 Defendants. ) 

 ) 

PROTECTIVE ORDER PURSUANT TO FED. R. CIV. P. 26(c)

Pursuant to Fed. R. Civ. P. 26(c), this Court hereby issues the following order regarding 

discovery in this case: 

A. Discovery may require production of documents or information which the Family 

Educational Rights and Privacy Act (hereinafter “FERPA”) 20 U.S.C. §1232g and 34 C.F.R. Part 99 

identifies as “education records.” 34 C.F.R. § 99.3. 

B. FERPA provides generally that educational institutions may not produce education 

records to a third party without first obtaining a student’s or the parents of a minor student’s consent. 

34 C.F.R. § 99.30. FERPA includes an exception, however, which provides that an educational 

institution may produce education records without first obtaining the consent of the individuals whose 

personal information may be released if the School District acts pursuant to a Court order. See 34 

C.F.R. § 99.31(a)(9). 

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C. When acting pursuant to a Court order, FERPA requires that the School District must 

first provide each student or parents of a minor student whose personal information may be released 

notice of the Court’s order and the school’s intent to comply with it. See 34 C.F.R. § 99.31(a)(9)(ii). 

D. On or before April 10, 2008, the School District’s counsel shall identify the 

individuals whose education records or personal information may be released through documents 

requested through discovery and shall make a reasonable effort to notify the parent of each identified 

student and/or parent, if applicable. Said notice shall advise of the docket number of this proceeding, 

shall contain a copy of this Order, and shall provide the Court’s address, and explain that an individual 

who object to this Order may seek protective action by notifying the School District on or before April 

24, 2008. 

E. Counsel for the School District shall produce in an unredacted format by May 5, 2008 

all documents for which no objection has been received. 

F. Counsel for the Jouberts shall receive these documents and maintain them in a 

confidential manner and not disclose the information contained therein to anyone other than the 

parties, their counsel, individuals retained by and/or working for counsel, the Court, and any experts 

involved in this litigation. Copying will be limited and to the extent copies are made, all copies shall 

be protected and shall comply with this Order. 

G. Any documents herein disclosed, if filed with the Court, shall be filed under seal. 

H. If the parties receive an objection to disclosure, the School District’s counsel shall 

promptly notify the Court and request a ruling with respect to disclosure. 

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I. All documents herein disclosed, and any copies thereof (in accordance with paragraph 

G) shall be returned to the School District within sixty (60) days of this Court entering final judgment 

in this case or thirty (30) days from the date final judgment is entered in the final appeal in this case. 

Date: So Ordered: 

 Honorable Joseph N. LaPlante 

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