
The Presidents’ Alliance collaborated with a law firm to publish guidance on the Family Educational Rights and Privacy Act (FERPA) for student privacy in higher education. FERPA broadly prohibits schools from disclosing personally identifiable information from a students’ education records without the consent of the student. An exception to FERPA exists when an institution discloses information pursuant to a lawfully issued subpoena. A distinction can be made between judicial subpoenas, which generally demand compliance, and administrative subpoenas, which are not enforceable absent a court order compelling compliance. Subpoenas can also be challenged on a variety of grounds, such as being overbroad, having an improper purpose, or imposing an undue burden on the recipient.