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Falvo ex rel. Pletan v. Owasso Independent School District No. I-011
Citation: 288 F.3d 1236Docket: No. 99-5130
Court: Court of Appeals for the Tenth Circuit; April 30, 2002; Federal Appellate Court
The case involves a remand from the United States Supreme Court concerning the grading procedure used by Owasso Independent School District, where students graded each other's work and disclosed their grades aloud. The plaintiff-appellant claimed this practice violated her children's Fourteenth Amendment right to privacy and the Family Educational Rights and Privacy Act (FERPA). Initially, the court affirmed that the peer grading did not violate the Fourteenth Amendment but concluded it did violate FERPA, while granting qualified immunity to the individual defendants regarding monetary relief. The Supreme Court reviewed the case and determined that the peer grading procedure did not violate FERPA, leading to a remand for further proceedings. In response to the Supreme Court’s opinion, the appellate court reinstated its findings on the Fourteenth Amendment claims, which remained unaffected. However, the court vacated its previous decision regarding FERPA violations and qualified immunity, as the Supreme Court's ruling negated the need to address qualified immunity due to the absence of a FERPA violation. The court also vacated its discussion on whether a FERPA violation could be actionable under 42 U.S.C. § 1983, deferring that issue for future consideration. Ultimately, the appellate court affirmed the district court’s grant of summary judgment in favor of all defendants, concluding that the peer grading practice does not implicate the Fourteenth Amendment or violate FERPA, and issued a mandate accordingly.