In suits against the District, only the Board President or Superintendent accepts service on behalf of the District.

District employees may be served with legal documents (1) requesting not only public records (such as employees’ personnel files), but also student education records and other documents and electronically stored information maintained by the District, or (2) directing them to testify at a deposition or hearing concerning issues that fall within the employees’ employment responsibilities.

An employee served with legal documents in his/her official capacity as a District employee shall immediately provide copies of those legal documents to his/her Principal or site administrator.

The Principal or site administrator shall immediately furnish copies to the Superintendent and shall follow his/her directives.

Generally, confidential personnel records, student records, or personal observations or opinions about student behavior/academic performance do not have to be disclosed. The law makes an exception for a subpoena or court order.

Board policy requires the Principal or a site administrator to release only the documents specifically identified in the subpoena or order. In circumstances where, in responding to a subpoena or order, information is developed or summarized from the student's education records, a copy of that information and a statement of the purpose for which it was prepared shall be filed in the student’s cumulative folder.

If doing so is in the District’s best interest, the Principal or site administrator or Board attorney shall accompany the employee to the deposition or hearing.

In actions against the District, it is not unusual for District employees to be served with subpoenas and/or called as witnesses. District legal counsel and the Superintendent will assist District employees in these matters.

This policy does not prohibit District employees from consulting with their own independent legal counsel, but they are prohibited from discussing or releasing student personally identifiable information to a third party except as expressly authorized by Board Policy 8330.