The Court's Verdict

Following are excerpts from the opinion of Justice Anthony M. Kennedy in the U.S. Supreme Court's decision in Owasso Independent School District v. Falvo.

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). We took this case to resolve the issue. ...

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." ... The precise question for us is whether peer-graded classroom work and assignments...