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State District Judge Nan Nash is expected to decide today whether to release a Rio Grande High School student's records with conditions to protect his privacy.

Nash did not rule from the bench Wednesday, saying she wanted more time to consider protective measures such as a private review of the records to prevent further public scrutiny and harm to the student.

Citing case law, she said her responsibility was to balance the student's privacy versus the Public Education Department's need to use his records in an ethics case against an Albuquerque educator who changed his failing grade.

"This case turns on protective devices to reduce harm" to the student if his records are used in a public hearing, she said.

Nash had earlier ordered the public hearing in the ethics case against Elsy Fierro, the Albuquerque Public Schools administrator who changed the student's English grade from an F to a D, which allowed him to graduate with his class in May.

Fierro's hearing is scheduled for Jan. 23 and the Public Education Department wants to introduce the student's records as evidence to support its case against her.

The student has petitioned Nash to block the release of his records, claiming the state has violated federal law protecting his privacy.

The student is the son of former Albuquerque Board of Education member Miguel Acosta and Bernalillo County Commissioner Teresa Cordova. They have threatened to sue the school district if his records are released.

The judge could order that the records be reviewed in private by the hearing officer. However, Nash said it would be difficult for the hearing officer to write his findings and conclusions of law without referring to the student records.

"Significant harm (to the student) could result," she said. "That's frankly what I'm sitting up here puzzling over."

The hearing officer's findings and recommendations will be forwarded to Dorian Dodson, acting as the state secretary of education, who will make the final decision in an educator's ethics case against Fierro. Education Secretary Veronica Garcia has been removed from the case. Dodson is secretary of the Children, Youth and Families Department.

The student's attorney, Phillip G. Sapien, argued against release of the records under any circumstances because the identities of the student and his parents are public knowledge. He claims their privacy rights have already been violated by both the Public Education Department and APS employees.

"Basically, this is trying to defuse a bomb that has already gone off," he said.

He said the student has been humiliated and subjected to harassment and degradation.

"The harm has occurred and it will continue to occur in an open and public hearing," Sapien said.

Roderick Ventura, who argued the state's case, said the Public Education Department has the responsibility to police the education community and present a solid case.

Fierro's administrative license could be revoked or suspended if she is found in violation of the ethics code.

"We could affect someone's life," he said. "We need the records to present our case."