Owasso Independent School District No. 1-011 v.

Falvo (2002)

General Rule of Law: Peer grading does not violate FERPA

Procedure Summary:
Petitioner: Owasso Independent School District No. 1-011
Respondent: Falvo

Lower Court Decision: United States Court of Appeals for the Tenth Circuuit
reversed in favor of Falvo
Supreme Court Decision: Held in favor of Owasso School District No.1
-011 (Rehnquist Court)

Facts: Kristja J. Falvo asked the Owasso independent School District to ban peer
grading, or the practice of allowing students to score each other’s tests, papers, and
assignments as the teachers explain the correct answers to the entire class, because
it embarrassed her children. When the school district declined, Falvo filed an action
against the school district, claiming that such peer grading violates the Family
Educational Rights and Privacy Act of 1974 (FERPA). FERPA authorizes federal
funds to be withheld from school districts that permit students “educational records
(or personally identifiable information contained therein)” to be released without
their parents’ written consent and defines education records 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”. Disagreeing with Falvo, the District Court held that
grades put on papers by another student are not “educational records”. In reversing,
the Court of Appeals found that grades marked by student on each other’s work are
“educational records” such that the very act of grading is an impermissible release of
information to the student grader.
Issue: Does the practice of peer grading violate the Family Educational Rights and
Privacy Act of 1974 (FERPA)?
Holding and Decision: No, in a unanimous opinion delivered by Justice Anthony M.
Kennedy, the Court held that peer grading does not violate FERPA. The Court
reasoned that peer-graded items did not constitute education records protected by
FERPA until a teacher collected the grades on the students’ papers or other items
and recorded the grades in the teacher’s grade book. In reaching its conclusion, the
Court noted that peer graded items were not “maintained” within the meaning of
FERPA, as the student graders only handled the items for a few moments. Moreover,
the Court stated that each student grader, by grading assignments, did not constitute
a person acting for an educational institution within FERPA.

Comment: This case is an important precedent for the rules governing peer
grading in schools. Although it is permissible for school districts to use peer
grading, it is important to use common sense on what, how much, and for what
assignments to use peer grading. Understanding and being sensitive regarding
what is being graded by peers, can be helpful.

Reference

Owasso Independent School District No. I-011 v. Falvo. (n.d.). Oyez. Retrieved February
25, 2018, from https://www.oyez.org/cases/2001/00-1073