When responding to a subpoena, which action is recommended?

• A. Release records immediately without discussion
• B. Discuss with the student and family only
• C. Do not respond
• D. Discuss the subpoena with the student's attorney and document all actions

Answer: (D)

Subpoenas are legal commands that require careful handling to protect student privacy and stay within the law. The best action is to involve the student’s attorney (or the district’s legal counsel) and document every step. Consulting counsel ensures you interpret the subpoena correctly, identify exactly which records may be released, determine if any redactions or notices are needed, and follow the proper process for producing records. Writing down what was requested, who was consulted, what was released, and when creates an auditable trail and helps protect the rights of the student and the district. Releasing records immediately or not responding at all could expose you to legal risk, and discussing only with the student and family bypasses the formal process required by the subpoena.