Owasso Independent School District No. I-011, Aka Owasso Public Schools, et al. v. Kristja J. Falvo, Parent and Next Friend of Her Minor Children, Elizabeth Pletan, Philip Pletan, and Erica Pletan (534 U.S. 426)

U.S. Supreme Court · decided February 19, 2002 · Supreme Court Database (Spaeth)

Citation
534 U.S. 426 · 122 S. Ct. 934
Decided
February 19, 2002
Term
October Term 2001
Vote
9–0
Majority author
Justice Kennedy
Issue area
Privacy
Disposition
Reversed and remanded
Outcome
Petitioning party won
Ideological direction
Conservative

Opinion excerpt

Justice Kennedy delivered the opinion of the Court. Teachers sometimes ask students to score each other’s tests, papers, and assignments as the teacher explains the correct answers to the entire class. Respondent contends this practice, which the parties refer to as peer grading, violates the Family Educational Rights and Privacy Act of 1974 (FERPA or Act), 88 Stat. 571, 20 U. S. C. § 1232g. We took this case to resolve the issue. h — I Under FERPA, schools and educational agencies receiving federal financial assistance must comply with certain conditions. § 1232g(a)(3). One condition specified in the Act is that sensitive information about students may not be released without parental consent. The Act states that federal funds are to be withheld from school districts that have “a policy or practice of permitting the release of education records (or personally identifiable information contained therein ...) of students without the written consent of their parents.” § 1232g(b)(l). The phrase “education records” is defined, under the Act, as “records, files, documents, and other materials” containing information directly related to a student, which “are maintained by an educational agency or institution or by a person acting for such agency or institution.” § 1232g(a)(4)(A). The definition of education records contains an exception for “records of instructional, supervisory,…

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