Local Operating Guidelines

Disclosures required by Judicial Order or Lawfully Issued Subpeona


When a district or campus administrator receives a judicial order or lawfully issued subpoena for special education records that administrator (or designee) makes a reasonable effort (by letter) to notify the parent or eligible student of the order or subpoena; in advance of sending the requested special education records, so that the parent may (through the court) seek protective action (to stop Amarillo ISD from releasing the requested records)

  • The requirement to notify the parent or eligible student does not apply if a federal grand jury subpoena or law enforcement subpoena contains a statement that the parents or eligible student should not be notified.

  • In most cases the campus administrator (or designee) will wait (5 business days) from the date the "parent or eligible student" notice was mailed before mailing the records to the requesting authority.  If the "order" has a time requirement that will not allow the 5 day written notice the district or campus administrator (or designee) will phone the parent or eligible student to advise them of the request.

  • Below is a letter that may be used as a "sample" to help draft a letter to notify the parent or eligible student of the request:

 

_____________________VIA CERTIFIED MAIL #

_____________________Parent / Guardian

_____________________Street / P.O.

_____________________City, State, Zip Code

 

Dear ___________ ;

As custodian of the special education records of ______________________ (name of student), I have received a judicial order or a lawfully issued subpoena to provide a copy of his/her special education records.

Under the terms of the Federal Education Rights and Privacy Act, 29 U.S.C. Sec. 1232g, the access to personally identifiable information in education records is limited to parents or eligible students (meaning the due process rights have been transferred to the student). Normally, educational records are released only with the consent of the parent or eligible student. However, when served either with a subpoena or other judicial order, the District is required to release these records after having given notice to the parents or eligible student.

Unless notified by the Court to the contrary, Amarillo ISD will comply with this order or subpoena by mailing the requested records on or after ______________ (date that is 5 business days after the date this notice is mailed). So that you can be fully informed, we are enclosing a copy of the subpoena or judicial order.

Very truly yours,

 

_____________________ Signature

_____________________ Title

_____________________ Date

Enclosure