Lower Court Holding
Decision of the Tenth Circuit U.S. Court of Appeals
In the instant case, this court must decide whether a practice employed by presecondary school teachers in the Owasso Independent School District of allowing their students both to grade one another’s tests and other work and to call out their own grades in class violates either the Fourteenth Amendment to the U.S. Constitution or the Family Educational Rights and Privacy Act (FERPA). We conclude that although the Fourteenth Amendment does not preclude the grading practice, FERPA does. The individual defendants, however, are entitled to qualified immunity because it was not clearly established law that the grading practice violated FERPA. This…
