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OWASSO INDEPENDENT SCHOOL DIST. NO. I-011 v. FALVO

No. 00-1073.

534 U.S. 426 (2002)

OWASSO INDEPENDENT SCHOOL DISTRICT NO. I-011, aka OWASSO PUBLIC SCHOOLS, et al. v. FALVO, parent and next friend of her MINOR CHILDREN, PLETAN, et al.

United States Supreme Court.

Decided February 19, 2002.

Attorney(s) appearing for the Case

Jerry A. Richardson argued the cause for petitioners. With him on the briefs was Karen L. Long.

Deputy Solicitor General Kneedler argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Acting Assistant Attorney General Schiffer, Beth S. Brinkmann, Mark B. Stern, and Colette G. Matzzie.

Will K. Wright, Jr., argued the cause for respondent. With him on the brief were John W. Whitehead and Steven H. Aden.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Souter, Thomas, Ginsburg, and Breyer, JJ., joined. Scalia, J., filed an opinion concurring in the judgment, p. 436.

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.

I

Under FERPA...

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