Public Notice

Date of Notice: 11/20/2025  

A party in the lawsuit, John Doe 1, et al. v. the State of Tennessee, et al., Case No. 3:24-cv-00777, a proposed class action now pending in the United States District Court for the Middle District of Tennessee, Nashville Division, has requested certain records maintained by the Tennessee Department of Children’s Services (“DCS”) and the Tennessee Department of Education (“TDOE”) related to education provided to students currently or previously incarcerated in facilities licensed by DCS. Certain of your records are the subject of this request. The Court has entered an Educational Records Protective Order (Doc. No. 123), a copy of which is attached.

DCS and TDOE are required by law to make reasonable efforts to notify you that certain of your educational records, as defined by the Family and Educational Rights and Privacy Act, 20 U.S.C. 1232(g) (“FERPA”) and 34 C.F.R. 99.3, may be produced pursuant to judicial order so that you may seek protective action if you wish. Federal law permits disclosure of education records without prior written consent if the disclosure is to comply with a judicial order, following reasonable efforts to notify any affected students or their parents and allow them to seek protective action if they wish to do so.

The Court’s Order allows fourteen (14) days from the date of this Notice (above) for you to seek protective action in accordance with 34 C.F.R. § 99.31(a)(9)(ii). You may seek protective action by going to either of the following webpages:

Complete the form housed on one of the webpages noted above to provide the following information.

  1. Your full name.
  2. Your date of birth.
  3. Your relationship to the student, or confirmation that you are the student.
  4. Your contact information – Phone Number, Email Address, and Physical Address.
  5. Please describe your particular objection to the disclosure of educational records in the referenced lawsuit.

This information is necessary to properly identify the particular student for whom you wish to seek protective action.

Employees of DCS and TDOE cannot provide legal advice to individuals concerning this Notice; however, you have the right to seek independent counsel if you wish. If you wish to seek protective action, you must complete the form no later than fourteen (14) days after the Notice date.