Legal Services
Menu Member Support Attorney Referral Program Teacher Tenure Legal FAQ's Legal Notices

Supreme Court OKs
peer grading of student papers

The Supreme Court ruled Feb.19, 2002, on the issue of whether peer grading of student papers violates the Family Educational Rights and Privacy Act (FERPA).  In the majority opinion, written by Justice Kennedy, the Court ruled that peer grading does not violate FERPA.  The Court held that “the grades on students’ papers would not be covered under FERPA at least until the teacher has collected them and recorded them in his or her grade book.” 

The Court did not decide whether a teacher’s grade book is an education record or whether grades on assignments, once turned in to teachers, are education records.  However, as pointed out by Justice Scalia in his concurring opinion, the Court’s theory that education records are those maintained by the school in a central repository plainly excludes grade books as education records.

What does this ruling mean as a practical matter?  Teachers may continue to utilize the peer grading system in their classrooms.  May teachers display assignments with grades on them?  The Court did not answer this question, but the implication of the Court’s “central repository” theory would seem to render this practice permissible.

The Court’s opinion, Owasso Independence School Dist. No. I-011 v. Falvo, which is subject to formal revision, may be read at www.megalaw.com/ussc/recent.php3.

Something Better article, Beware of Peer Grading