Something Better

Beware of Peer Grading
May / June 2001

UPDATE:
Supreme Court OKs peer grading of student papers

"Okay, class, trade papers with the person next to you. We'll grade the papers in class. After we've finished grading, return the paper to its owner. When I call your name, tell me your score." Does this sound familiar? If this is something you do in your classes, you have been violating the Family Education Rights and Privacy Act.

FERPA is a federal statute that guarantees parents access to their children's educational records and protects the privacy of those records by prohibiting their disclosure without consent of the parents. A violation of FERPA can subject both the school district and the individual violating the statute to monetary damages.

A recent federal court of appeals case found that the practice of allowing students to grade each other's papers is a violation of FERPA. The court found also that the practice of having students call out their own (or someone else's) grades in class is a violation of FERPA. In that case, Falvo v. Owasso Independent School District, a parent claimed this practice caused severe embarrassment to her children. The school district responded by allowing the children the option of confidentially reporting their grades to the teacher but did not stop peer grading. The parent then sued the school district and administrators. The Court of Appeals ruled in favor of the parent.

This decision calls into question many practices currently in use in our schools. What about allowing student assistants to grade papers? What about displaying student work? What about posting grades? Are these violations of FERPA?

FERPA relates only to "education records." Not every document maintained by a school district or an individual teacher is an education record within the definition of FERPA. An education record must contain information directly related to a specific student and must be maintained by a person acting on behalf of an educational agency or institution. Indisputably, grades recorded in a grade book are education records. They directly relate to a specific student and are maintained by teachers acting on behalf of the school district. Therefore, grades cannot be disclosed to anyone outside the education institution except the parents or someone to whom the parents give consent. The statute provides an exception for substitute teachers. It is permissible for a substitute to have access to the grade book. However, not all grades are recorded in a grade book. Those grades not in the grade book would not be considered education records.

Teachers should not allow students to grade each other's work when the grades are going to be recorded. If the grades are not for recording, however, then student grading is permissible. Further, it would be permissible for a teacher to allow students to grade their own papers and then give the paper to the teacher to record the grade.

If student assistants are going to grade papers for which scores will be recorded, the teacher should devise a system for concealing the identity of the student to whom the paper belongs. If the teacher uses a code system for concealing the identity of the student, he or she should ensure that the student is not recognizable from the code. For example, do not use student identification numbers, social security numbers, initials, birthdates, etc.

Displaying student work is permissible as long as the grade on the work is not identified. If the parents sign a consent form for displaying the grade along with the work, then no FERPA violation would occur.

Finally, grades should never be posted in any circumstances where the individual student is identifiable.