Ask the FERPA Professors

April 29, 2024
  • FERPA Professor
  • FERPATop

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?

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.

The FERPA Professor

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