Johnny Saw My Test Score, So I'm Suing My Teacher: Falvo V. Owasso Independent School District, Peer Grading, and a Student's Right to Privacy under the Family Education Rights and Privacy Act
2001; Jefferson Law Book Company; Volume: 30; Issue: 4 Linguagem: Inglês
ISSN
1226-301X
Autores Tópico(s)Legal Systems and Judicial Processes
ResumoI. Introduction For many years it has been common practice for school teachers have students grade one another's work-a practice often referred as peer grading-- and either call out the grade or write it on the top of a test or assignment which is then passed forward and collected by the teacher. It has also not been uncommon for teachers have students grade their own papers and then report their grades orally as the teacher those scores in her grade book. While many schools and teachers in the United States still employ these practices, those in states residing within the geographical confines of the Tenth Circuit do not. This is because as of October 2000, the use of such practices was declared illegal by three judges on the Tenth Circuit Court of Appeals. And not only were the practices made illegal, but the judges also made teachers personally liable students whose grades are seen by others. The vehicle used by the Tenth Circuit halt the use of these grading practices was the case of Falvo v. Owasso Independent School District,1 in which the court sustained a parent's complaint that the use of peer grading and the other aforementioned practices by her children's school violated the students' right privacy. It did so on the ground that student papers are records and are therefore confidential and cannot be shown other students. This article examines that decision. Specifically, Part 11 of this article provides an introduction the Family Education Rights and Privacy Act (FERPA). Often referred as the Buckley Amendment, FERPA was the law used by the Tenth Circuit make the aforementioned grading practices illegal. Part III relates the facts of Falvo and explains the method and reasoning used by the Tenth Circuit in deciding that it is illegal for students grade each other's work or see another student's grades. Part III also discusses a dissenting opinion that was filed when a petition was made for a rehearing en banc, and then presents a brief look at the practical effect that Falvo has had on schools in the Tenth Circuit. Part IV analyzes the Tenth Circuit's decision, addresses the arguments and conclusions reached by the court, and suggests that the Tenth Circuit was incorrect in its conclusion that FERPA disallows the practice of non-anonymous peer grading. Part V then proposes a solution fix the problems that the Falvo decision has created, and finally, Part VI concludes the article with a concise summary of the policies, issues, and answers presented herein. II. Background The Tenth Circuit's decision in Falvo directly implicates a very significant provision of FERPA. As such, it is important that one reading the Falvo decision understands the basics of that legislation. A. The Family Education Rights and Privacy Act 1. A general introduction FERPA and its purposes First enacted as an amendment legislation seeking extend the life of the Elementary and Secondary Education Amendments of 1965, and later codified as a part of the General Education Provisions Act, FERPA is a federal law designed protect the privacy interests of students and their parents with respect education that contain information about individual students.2 In this regard, FERPA has two stated purposes. First, it was enacted to assure parents of students, and students themselves if they are over the age of 18 ... access their education records3 upon the filing of a proper request. Second, FERPA was further enacted to protect such individuals' rights privacy by limiting the transferability of their without their consent.4 FERPA meets these purposes by giving parents the right access their children's records,5 and by denying access most other persons.6 Working as a condition on the receipt of federal funds,7 FERPA applies both public and private schools at all levels that receive federal funds for certain programs. …
Referência(s)