WHITE PLAINS, NY (December 16, 2025) — The public defender representing a 16-year-old Pelham Memorial High School student is opposing the inclusion of the teen’s school records in an emergency court filing seeking to restrict his access to firearms.
SEE: Pelham Teen’s Armed Robbery Arrest Sparks School District’s Emergency Gun Restriction Filing
Attorney Clotelle Drakeford of The Legal Aid Society of Westchester County filed a motion on Dec. 9 in Westchester County Supreme Court challenging the attachments submitted by Pelham Public Schools Superintendent Cheryl Champ in support of a temporary extreme risk protection order against Cyprian Jovani Gardner.
Drakeford argued that the school records violate the Family Educational Rights and Privacy Act absent an emergency justification and are scandalous or prejudicial under CPLR §3024(b). The motion requests that the exhibits be struck.
The Legal Aid Society entered a notice of appearance for Gardner on Dec. 8.
Champ’s Dec. 5 application included student discipline records detailing suspensions, including one on Oct. 17, 2023, for threatening and intimidating two students and another on Dec. 3, 2025, for off-campus misconduct.
Attachments also included grades showing poor academic performance and attendance records reflecting chronic absences and tardiness.
Justice James L. Hyer granted the temporary order on Dec. 8. The judge has not yet addressed the FERPA and privacy issues raised in Drakeford’s motion. After a Dec. 12 conference, the court set pre-hearing deadlines for motions in limine by Jan. 19, 2026, with opposition due by Feb. 2, 2026, and a return date of Feb. 26, 2026. A full hearing is scheduled for March 30, 2026. The order remains in effect.
Personal Information Disclosed in Filing
The court filing includes the following personal details about the student:
- Full name
- Date of birth
- Home address: (in Pelham, NY)
- Cell phone number
- Email address
- School enrollment
- Alleged criminal charges
- Details of alleged weapon
- Alleged additional incident
- Suspected affiliations and behaviors
- Student discipline records
- Academic performance: Weighted GPA; unweighted GPA; specific grades and credits from 2022-2025 in subjects with teacher comments; Regents exam scores
- Attendance records: Detailed period-by-period reports from 2022-2026 showing unexcused absences (UEX), tardiness (TDI, ULC, ULO, LTC), suspensions (OSS, ISS), and absences (ABS).
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This article was drafted with the aid of Grok, an AI tool by xAI, under the direction and editing of Robert Cox to ensure accuracy and adherence to journalistic standards.
The school district is about to get sued for this ridiculousness, right?