Owasso Independent School District No. I—011 v. Falvo
In brief
Peer-graded assignments are not protected FERPA education records before the teacher collects and records the grades.
- Where it stands
- Decided
Decided 9-0 · February 19, 2002 · Opinion by Justice Kennedy
- What it’s about
- A parent sued a school district claiming that the practice of having students grade each other's assignments violated the Family Educational Rights and Privacy Act (FERPA).
- Who it affects
- Schools may continue peer grading without treating uncollected assignments as official education records. For example, a teacher may have students score a classmate's quiz before the teacher collects and records the grade.
Summary: written with AI from the case record.
What it's about
The Supreme Court ruled unanimously that peer grading does not violate FERPA because the assignments are not considered official education records until the teacher collects and records the grades.
The case defined when student work becomes an education record protected by FERPA.
Question presented
Does the practice of peer grading violate the Family Educational Rights and Privacy Act of 1974?
What the Court decided
Holding
Adjudged to be reversed and remanded J. Kennedy delivered the opinion of the Court, in which C.J. Rehnquist, and J. Stevens, J. O'Connor,J. Souter, J. Thomas, J. Ginsburg, and J. Breyer, joined. J. Scalia filed an opinion concurring in thejudgment.
- Result
- Reversed
The vote
- Joined the judgment
- Concurred in a separate opinion
- Wrote an opinion
- Majority · 8joined the Court's opinion
- Rehnquist
- Stevens
- O'Connor
- Kennedywrote the opinion
- Souter
- Thomas
- Ginsburg
- Breyer
- Concurring · 1agreed with the result, wrote separately
- Scalia
What's next
The Court has finished this case. Schools may apply the decision when using peer grading practices.
Documents
Opinions
Docket activity
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AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
AI analysis generated: Decision Record
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AI analysis generated: Case Briefing
Case data updated: term, status, opinion_date
Opinion added: Falvo
More questions
- What did the Supreme Court rule in Owasso v. Falvo?
- The Court unanimously decided that peer grading does not violate FERPA. Assignments are not official education records before the teacher collects and records grades.
- Who is affected by the Owasso v. Falvo decision?
- Schools, teachers, students, and parents are affected. Teachers may use peer grading for assignments before grades are collected and recorded.
- What happens next after Owasso v. Falvo?
- The case is finished. Schools may continue peer grading consistent with the Court's decision.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.