JSH Reporter Fall 2014 - Page 6

FERPALITIGATIONARTICLE 006 If a subpoena or court order is issued for the records or information, the educational institution/agency must give notice to the student/parent prior to complying with the subpoena or court order. This notice provides the student/ parent the opportunity to lodge an objection to the subpoena or court order. EXAMPLE: Plaintiff submits a Request for Production to Defendant community college district requesting the schedules, grades and transcripts of all students enrolled in two specific college courses. The records are relevant pursuant to the Rules of Civil Procedure. How should the Defendant respond? Defendant should, initially, object to producing the requested records as follows: Objection. The information requested meets the definition of education records as defined by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. ยง1232g. Specifically, education records are records maintained by the educational institution containing information directly related to a student. The definition of education records is intended to be broad in scope. United States v. Miami University, 91 F.Supp.2d 1132, 1149 (S.D. Ohio 2000), affirmed 294 F.3d 797 (6th Cir.2002). [Defendant] is precluded, pursuant to FERPA, from releasing education records of any of its students without the consent of the student or a lawfully served subpoena or order of the court; this is an affirmative obligation of the educational institution. Id. In the event [Defendant] is lawfully served with a subpoena or an order of the court, prior to complying with the subpoena/order, [Defendant] must notify a