Does FERPA Give Rise to a Private Right of Action?
The Falvo case raises the question whether a violation of FERPA, which conditions federal school aid on compliance with its provisions, gives rise to an individual civil rights claim. The statute does not explicitly provide for a private right of action, but the Falvos argue that one should be inferred. Amicus (“friend of the court”) briefs filed by teachers’ unions and free-speech advocates argue that no right should be inferred – a view that Justice Kennedy seemed to support, given his questioning during oral argument. But other amici, including the politically conservative Eagle Forum, argue that such a remedy is necessary if parents are to control their children’s education. What Counts As Part of An “Educational Record” For FERPA’s Purposes? Meanwhile, on the merits, the Bush Administration found itself on the side of the school board. . The Owasso school board argued that the Falvo boy’s grade did not become a record until posted in the teacher’s gradebook. And the Solicitor Gene
