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No. 00-1073October Term 2000Decided Jun 25, 2001Updated Sep 3, 2026

Docket 00-1073October Term 2000 (2000–2001)

Owasso Independent School District No. I—011 v. Falvo

Peer-graded assignments are not protected FERPA education records before the teacher collects and records the grades.

Case status

Decided 9-0 · June 25, 2001 · Opinion by Justice Kennedy

Majority

  • Rehnquist
  • Stevens
  • O'Connor
  • Kennedy
  • Souter
  • Thomas
  • Ginsburg
  • Breyer
  • Scalia
Current stage
Decided
Latest event
Decision released Jun 25, 2001
Case Accepted
Arguments
Decision ReleasedJun 25, 2001
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). 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.

Question presented

Does the practice of peer grading violate the Family Educational Rights and Privacy Act of 1974?

Case path

Decision released Jun 25, 2001

Area

Decided Supreme Court case

Decision

Decision record

What the Court decided

Peer-graded assignments are not protected FERPA education records before the teacher collects and records the grades.

Impact

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.

Not official Court text.

Vote

Vote split
9-0
Majority author
Anthony M. Kennedy

Majority

  • William H. Rehnquist
  • John Paul Stevens
  • Sandra Day O'Connor
  • Anthony M. Kennedy(author)
  • David H. Souter
  • Clarence Thomas
  • Ruth Bader Ginsburg
  • Stephen G. Breyer
  • Antonin Scalia(concurring)

Opinion documents

Briefing

What it's about

A parent challenged a school practice in which students grade one another's assignments. The Supreme Court unanimously decided that peer grading does not violate the Family Educational Rights and Privacy Act of 1974 (FERPA).

Vote

Justice Kennedy wrote the 9–0 opinion, joined by Justices Rehnquist, Stevens, O'Connor, Souter, Thomas, Ginsburg, and Breyer; Justice Scalia concurred.

The Court decided unanimously that peer grading does not violate FERPA; no opinion author or further lineup details are stated.

Majority

William H. Rehnquist
John Paul Stevens
Sandra Day O'Connor
Antonin Scalia
Anthony M. Kennedy
David H. Souter
Clarence Thomas
Ruth Bader Ginsburg
Stephen G. Breyer

Impact

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.

What's next

The Court has finished this case. Schools may apply the decision when using peer grading practices.

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.

Timing

Decided June 25, 2001

The Court released its decision on June 25, 2001 without hearing oral argument.

Documents

Opinions

Falvo

Kennedy, Rehnquist, Stevens, O'Connor, Souter, Thomas, Ginsburg, Breyer, Scalia

View full docket on supremecourt.gov

Activity

Docket activity2
  • AI analysis generated: Case Briefing

    Sep 3, 2026 | Generated

  • Opinion added: Falvo

    Feb 19, 2002 | Court records

Grounding

Grounding
Primary materials plus reporting.
Note
Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
Checked
Sep 3, 2026
Primary materials4
Context reporting5