Dear FERPA Professor,
I just received a Grand Jury Subpoena on a student who is no longer enrolled at the college. The student is currently in jail, awaiting trial. Are we required to notify the student and give them a 10-day notification period?
Regards,
Ms. Wheeler
Dear Ms. Wheeler,
If it is a Federal Grand Jury subpoena or the subpoena is for a law enforcement purpose, then the institution would not need to notify the student if the subpoena orders that the student not be notified. (See § 99.31(a)(9)(ii)(A) and (B) of the FERPA regulations.) If it does not, then the notification requirement found at § 99.31(a)(9)(ii) would apply.
I hope this is helpful in answering your questions. You can find the above cited regulations on page 161 of the
2012 AACRAO FERPA Guide.