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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111467
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I work for a state dept of education and received a subpoena

Customer Question

I work for a state dept of education and received a subpoena for a student I evaluated? What questions should I ask the state attorney prior to the court hearing
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: CA
JA: Has anything been filed or reported?
Customer: The district has filed fair hearing against parents.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 26 days ago.
Category: Legal
Expert:  Law Educator, Esq. replied 26 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to ask the state attorney what specific information he wants from you and you also need to explain your professional ethics rules regarding disclosures under HIPAA. HIPAA does provide a safe harbor for you as does FERPA for information compelled by subpoena so you need to discuss that with the attorney and determine specifically what he needs and tell him that if the subpoena does not specify those records he needs to get you a subpoena for the specific records he wants so that you and everyone would be protected.
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