408 - Subpoena Of A School District Employee

I. PURPOSE
The purpose of this policy is to protect the privacy rights of school district employees and students under both state and federal law when requested to testify or provide educational records for a judicial or administrative proceeding.

II. GENERAL STATEMENT OF POLICY
This policy is to provide guidance and direction for school district employees who may be subpoenaed to testify and/or provide educational records for a judicial or administrative proceeding.

III. DATA CLASSIFICATION
     A. The Minnesota Government Data Practices Act (MGDPA), Minn. Stat. Ch. 13, classifies all
         educational data, except for directory information as designated by the school district, as
         private data on individuals. The state statute provides that private data on individuals may 
         not be released, except pursuant to a valid court order or informed consent by the subject
         of the data or a parent if the subject of the data is a minor .
     B. The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, provides that
         educational data may not be released, except pursuant to informed consent by the individual
         subject of the data or any lawfully issued subpoena. Regulations promulgated under the
         federal law require that the school district must first make a reasonable effort to notify the
         parent of the student, or the student if the student is 18 years of age or older, of the subpoena
         in advance of releasing the information pursuant to the subpoena.

IV. APPLICATION AND PROCEDURES
     A. Any employee who receives a subpoena for any purpose related to employment is to inform
         the building administrator or designated supervisor when the employee receives the
         subpoena. The building administrator or designated supervisor shall immediately inform the
         superintendent that the employee has received a subpoena.
     B. No employee may release educational data, personnel data, or any other data of any kind
         without consultation in advance with the school district official who is designated as the
         authority responsible for the collection, use and dissemination of data.
     C. Payment for attendance at judicial or administrative proceedings and the retention of witness
         and mileage fees is to be determined in accordance with the applicable school board policies
         and collective bargaining agreements.
     D. The administration shall not release any information except in strict compliance with state 
         and federal law and this policy. Recognizing that an unauthorized release may expose the
         school district or its employees to civil or criminal penalties or loss of employment, the
         administration shall confer with school district legal counsel prior to release of such data.

Adopted: 9-12-2001; Revised: 7-9-2007/ Reviewed: 6-14-2010

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