Ask the FERPA Professor

October 16, 2018
  • FERPA Professor
cartoon figure, reminiscent of Einstein, stands in front of a chalkboard with the board "FERPA" written on it

Dear FERPA Professor,

Is the University required to notify students in the case where their information is required under subpoena?

Thank you in advance for your help,
Doris Schutt

Dear Doris,

Yes, section 99.31(a)(9) of FERPA requires the institution to make a reasonable effort to notify the student prior to any subpoena disclosure, unless the disclosure is for law enforcement purposes and the institution is specifically ordered by the Court not to notify.  Additionally, the notice needs to be with sufficient time for the student to take action with the Court concerning the subpoena.

You can find a letter discussing the subpoena issue in detail on page 296 of the 2012 AACRAO FERPA Guide.


The FERPA Professor

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