Subpoena Compliance in light of ISSRA

As instances of litigation have increased over the past couple of years, it is important for schools and school administrators to understand their duty to comply with subpoenas. Failure to comply can result in both civil and criminal contempt. While compliance can be time consuming and frustrating, it is a necessary function of litigation. Additionally, a failure to comply only lengthens and complicates the litigation.

Where student records are a requested part of a subpoena, Illinois School Student Records Act requires a court order or waiver (parental waiver for minors). Often, out-of-state attorneys, and even some in-state attorneys are unaware of this mandate and fail to submit a waiver or court order for the release of student records.

Where student records are not part of the request in a subpoena, it is still important to review the documents being submitted to ensure that there is no student record material contained therein. If a document requested contains student record information, redaction is important if there is not a court order specifically to disclose student record information or waiver regarding that student record information.

We are happy to review any subpoenas to ensure compliance with the subpoena and the Illinois School Student Records Act.