demeanor and tone towards the university support staff can contribute greatly to
your efforts in obtaining the specific records needed and in situations when time is
of the essence.
Conclusion
Federal laws create particular nuances that must be considered when preparing
and serving subpoenas for education records. Certain records maintained by a
university are education records as defined by FERPA, while other records are
specifically excluded, and other federal laws, such as HIPAA, may be applicable.
Taking the time at the outset to determine the specific records needed, and ensuring
the subpoena is served upon the correct office, will often result in a quicker response
than issuing a subpoena for “all education records” sent to the university’s main
address and not directed to the appropriate department. Avoid delays relating to
the university’s obligation to notify a student of its receipt of the subpoena and to
the university’s academic schedule by planning ahead. Understanding the basics of
FERPA will facilitate obtaining the particular records needed to best represent your
firm’s client.
www.ParalegalToday.com Q3 - 2017 15
Melany R. Aldridge, CP, has almost 25 years
experience as a legal secretary and paralegal, with
20 years of her career spent in public university legal
offices. She has been a NALA Certified Paralegal
since 2011 and most recently worked as a paralegal
administrator for the Kentucky Community and
Technical College System Office in Versailles, Kentucky.
/www.ParalegalToday.com