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Student Record Subpoenas in Federal Cases: Family Education Rights

Student Record Subpoenas in Federal Cases: Family Education Rights

Student records, including transcripts, disciplinary records, and other education records are generally protected under a federal law called the Family Educational Rights and Privacy Act (FERPA). This law gives students and parents certain rights to access and control access to student records.However, student records can sometimes be subpoenaed for use in court cases or investigations. A few key things to know:

• Courts have held that FERPA does not prevent disclosure of student records pursuant to a lawful subpoena. So student records can be subpoenaed, even over the school or student’s objections.
• The rules may vary depending on whether it is a civil case versus a criminal case. There are specific procedures that apply for releasing records to law enforcement for example.
• The school is required to make reasonable efforts to notify the student before complying with a subpoena so that the student can take action to quash or modify the subpoena.