Many school counselors believe that if they put their notes in the counseling notes in Aeries that those are confidential and not subject to a subpoena. Since they are within the SIS that is owned by the district and not personally owned by school counselors, could these records be subject to a subpoena? ↑
Confidentiality of data in Aeries, including counseling notes, can be interpreted differently depending on multiple factors. As a software vendor, we are unable to provide legal advice. It is our understanding that your LEA may disclose any records contained in Aeries or outside of Aeries at the request of law enforcement, government agencies, response to subpoenas, court orders, etc. as required or allowed by law. We encourage you to contact your legal counsel with specific questions or concerns about which records are considered ‘protected’ (e.g., Since academic advisors or guidance counselors do not have medical degrees, should communication between students and these individuals be considered ‘Protected’? What about school psychologists? Etc.). Your legal counsel will be able to determine the scope of records to be released in response to a subpoena.