# data[].attributes.body
Include a description of your professional perspective and field of education as well as a description of the audience and topic of the Guide. Include why you chose this topic.

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Must include a summary of the governing agency, at the federal and state level, in your field of practice with practical expertise related to the Guide topic. The summary should include what you learned about governing bodies and accountability at the federal and state level.

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Identify the one statue and one administrative law that align with your topic

# data[].attributes.subject
Identify the one statue and one administrative law that align with your topic

# data[].attributes.body
The laws should include the source of law (label it appropriately), the in-text citation, link to full text of law, and a brief bulleted list about the law and the legal requirements.

# data[].attributes.headline
Identify the common or case laws that align with your topic

# data[].attributes.subject
Identify the common or case laws that align with your topic

# data[].attributes.body
The laws should include the source of law (label it appropriately), the in-text citation, link to full text of law, and a brief bulleted list about the law and the legal requirements.

# data[].attributes.headline
Identify the federal regulation or mandate that align with your topic

# data[].attributes.subject
Identify the federal regulation or mandate that align with your topic

# data[].attributes.body
The law should include the source of law (label it appropriately), the in-text citation, link to full text of law, and a brief bulleted list about the law and the legal requirements.

# data[].attributes.headline
Discuss, in bullet point format, three risk management strategies related to the topic and why it is important. You should include the in-text citation. 

# data[].attributes.subject
Discuss, in bullet point format, three risk management strategies related to the topic and why it is important. You should include the in-text citation. 

# data[].attributes.body
Identify one item in your professional code of ethics related to your topic or related to an ethical dilemma that can come up in scenarios related to your topic. Include the ethical code item, citation for the code of ethics, link to the code of ethics, and a brief explanation to the connection to your topic.

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Personal Connection to the Legal and Ethical Standards

# data[].attributes.subject
Personal Connection to the Legal and Ethical Standards

# data[].attributes.body
Identify your personal connection to legal and ethical standards by providing an overview of how the context allowed you to understand the application of the law to your personal educational journey (3 sentences). Include three (3) sentences points regarding your feelings about these connections to the law and how this paved a way for your education goals.

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Bulleted list of Recommendations / Best Practices for Compliance

# data[].attributes.subject
Bulleted list of Recommendations / Best Practices for Compliance

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The last and MOST IMPORTANT content for your padlet. Analyze your content and summarize for your audience a list of at least 6 and no more than 10 bulleted statements of recommendations related to educational practice for this topic or best practices for legal compliance.

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As a school counselor, my professional role focuses on supporting students’ academic, social, and emotional development while maintaining their privacy and trust. Confidentiality is an extremely important ethical and legal obligation that protects students and create a safe environment. The individuals involved with student confidentiality are educators, school counselors, administrators, and school support personal. I chose this topic because confidentiality is essential in the education field. Misunderstanding confidentiality laws can lead to legal violations and can harm relationships. As a future school counselor, understanding how federal, state, and district policy intersect with the ethical standards ensures lawful practice.

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Conduct annual FERPA and Texas Education Code training for ALL staff.

Limit student record access to authorized personnel only.

Make sure physical and digital record storage are secure.

Regularly review district confidentiality policies.

Clearly define and communicate confidentiality policies to staff, students, and parents.

Document all student and parent interactions when needed

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Learning about FERPA and the Texas Education Code has deepened my understanding of the legal responsibilities school counselors have in protecting students information and rights. Understanding these standards will help strengthen my professional integrity and decision making for what is in the students best interest while following all legal and ethical responsibilities. After researching student confidentiality, I feel more confident in navigating ethical dilemmas that involve student confidentiality, consent, and student safety.

-These laws reinforce my purpose in promoting student privacy and safety.

- The knowledge gained supports my goal of becoming a trustworthy and compliant school counselor.

-I am more confident in understanding the different legal and ethical laws regarding students rights and privacy.

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A.2. Confidentiality: “Protect the confidentiality of students’ records and information and disclose information only when required to prevent serious and foreseeable harm.”

Confidentiality is a fundamental principle in school counseling. School counselors must balance legal obligations, ethical duty, and student safety while following FERPA and Texas laws.

Reference: American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf American School Counselor Association

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Identify the federal and state constitutional laws that align with your topic

# data[].attributes.subject
Identify the federal and state constitutional laws that align with your topic

# data[].attributes.body
The laws should include the source of law (label it appropriately), the in-text citation, link to full text of law, and a brief bulleted list about the law and the legal requirements.

# data[].attributes.body
Children's Online Privacy Protections (COPPA)

This is a U.S. federal law that gives parents control over what personal information websites and online services can collect from children under 13

Requires operators to get parental consent before accessing students personal information

Children's Online Privacy Protection Act of 1998, 15 U.S.C. 6501–6505

15 USC § 6505

https://www.ftc.gov/legal-library/browse/rules/childrens-online-privacy-protection-rule-coppa

The Student Privacy Act: Texas House Bill 2087 (2017)

Requires parental consent for data collection (Sec.A32.151 C)

Prohibits educational technology organizations from using student data for targeted advertising, non-educational profiling, or selling it to third parties (Sec.A32.151)

Student's data must be deleted when the student leaves or if a parent request (Sec.A32.156.A)

https://www.capitol.state.tx.us/tlodocs/85R/billtext/pdf/HB02087F.pdf

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Have yearly FERPA and Texas Education Code training for all staff. This ensures staff are aware of state and federal confidentiality rules.

Make sure the district has secure data systems. Limit access to student records to authorized personnel only (TEA, 2023).

Have clear consent procedures. As a counselor, require written parental consent for disclosure unless stated otherwise by law.

https://tea.texas.gov/about-tea/contact-us/complaints/parental-and-student-privacy-and-information-rights

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Identify a local policy/rule that illustrates how local institutions are approaching your topic The laws should include the source of law (label it appropriately), the in-text citation, link to full text of law, and a brief bulleted list about the law and the legal requirements.

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https://www.merkelisd.net/student-handbooks

Consent to Receive Parenting and Paternity Awareness Instruction If a Student is Under Age 14

Objecting to the Release of Directory Information The Family Educational Rights and Privacy Act, or FERPA, permits the district to disclose appropriately designated “directory information” from a student’s education records without written consent. 12 “Directory information” is information that, if released, is generally not considered harmful or an invasion of privacy. Examples include: ● A student’s photograph (for publication in the school yearbook) ● A student’s name and grade level (for communicating class and teacher assignments) ● The name, weight, and height of an athlete (for publication in a school athletic program) ● A list of student birthdays (for generating schoolwide or classroom recognition) ● A student’s name and photograph (posted on a district-approved and-managed social media platform) ● The names and grade levels of students submitted by the district to a local newspaper or other community publication (to recognize the A/B honor roll for a specific grading period)

(MISD Student Handbook, pg. 12)

References: US Department of Education. (n.d.). FERPA and Ethics Principles FAQ. https://www.weatherfordisd.com/document_vault//Student%20Services/ferpa_and_ethics_principles_faqs.pdf

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Federal Agency:

Family Educational Rights and Privacy Act (FERPA): This act ensures that schools are receiving federal funds to protect student's educational records. This includes academic records, student account records, and student contact information/ demographics.

State Law:

Texas Education Code § 26.004 – Access to Student Records : This code gives parents the right to access written records within a school district about their child.

Both federal and state agencies work collaboratively to ensure student privacy. Non-compliance can result in funding loss and disciplinary action. With laws and codes changing every year or new ones added, regular staff training is required.

References: US Department of Education. (n.d.). FERPA and Ethics Principles FAQ. https://www.weatherfordisd.com/document_vault//Student%20Services/ferpa_and_ethics_principles_faqs.pdf

https://statutes.capitol.texas.gov/docs/ed/htm/ed.26.htm

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Owasso Independent School Dist. No. I-011 v. Falvo, 534 U.S. 426 (2002)

https://supreme.justia.com/cases/federal/us/534/426/

-This case decided that peer-graded assignments do not qualify as educational record under FERPA.

-Clarified what as considered educational records and confidentiality and what was not.

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OCTOBER TERM, 2001

Syllabus

OWASSO INDEPENDENT SCHOOL DISTRICT NO. 1-011, AKA OWASSO PUBLIC SCHOOLS, ET AL.

v. FALVO, PARENT AND NEXT FRIEND OF HER MINOR CHILDREN, PLETAN, ET AL.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

No. 00-1073. Argued November 27, 200l-Decided February 19,2002

Teachers sometimes ask students, including respondent's children, to score each other's tests, papers, and assignments as the teachers explain the correct answers to the entire class. Claiming that such "peer grading" violates the Family Educational Rights and Privacy Act of 1974 (FERPA or Act), respondent filed a 42 U. S. C. § 1983 action against the school district and school officials (petitioners). FERPA, inter alia, authorizes federal funds to be withheld from school districts that permit students' "education records (or personally identifiable information contained therein ... )" to be released without their parents' written consent, 20 U. S. C. § 1232g(b)(1); and defines education records as "records, files, documents, and other materials" containing information directly related to a student, which "are maintained by an educational agency or institution or by a person acting for such agency or institution," § 1232(a)(4)(A). In granting petitioners summary judgment, the District Court held that grades put on papers by another student are not "education records." The Tenth Circuit reversed, holding that FERPA provided respondent with a cause of action enforceable under § 1983, and finding that grades marked by students on each other's work are "education records," so the very act of grading is an impermissible release of information to the student grader.

Held: Peer grading does not violate FERPA. Pp. 430-436.

(a) This Court assumes, without deciding, that FERPA provides private parties with a cause of action enforceable under § 1983. Though that question is left open, the Court has subject-matter jurisdiction here because respondent's federal claim is not so completely devoid of merit as not to involve a federal controversy. Pp. 430-431.

(b) Petitioners and the United States contend that education records include only institutional records, e. g., student grade point averages, standardized test scores, and records of disciplinary actions. But respondent, adopting the Tenth Circuit's reasoning, contends that an assignment satisfies § 1232(a)(4)(A)'s definition as soon as another student grades it. That court determined that teachers' grade books and the grades within are "maintained" by the teacher and thus covered by the

Act. The court recognized that teachers do not maintain the grades on individual student assignments until they have recorded them in the grade books. It reasoned, however, that if the teacher cannot disclose the grades once written in the grade book, it makes no sense to permit disclosure immediately beforehand. The court thus held that student graders maintain the grades until they are reported to the teacher. Two statutory indicators show that the Tenth Circuit erred. First, student papers are not, at that stage, "maintained" under § 1232(a)(4)(A). That word's ordinary meaning is to preserve or retain. Even assuming that a grade book is an education record, the score on a student-graded assignment is not "contained therein," § 1232g(b)(1), until the teacher records it. "Maintain" suggests FERPA records will be kept in a file in a school's record room or on a secure database, but student graders only handle assignments for a few moments as the teacher calls out the answers. The Tenth Circuit also erred in concluding that a student grader is "a person acting for" an educational institution, § 1232g(a)(4)(A). That phrase connotes agents of the school. Just as it would be awkward to say students are acting for the institution when following their teacher's instruction to take a quiz, it is equally awkward to say they are acting for the institution when following their teacher's direction to score it. That process can be as much a part of the assignment as taking the test itself. This Court does not think FERPA prohibits such educational techniques. Moreover, saying that students are acting for the teacher in grading an assignment is different from saying they are acting for an educational institution in maintaining it. Other FERPA sections--e. g., § 1232g(b)(4)(A), which requires educational institutions to maintain a record of access kept with the student's education records-support this Court's interpretation. The instant holding is limited to the narrow point that, assuming a teacher's grade book is an education record, grades on students' papers are not covered by the Act at least until the teacher has recorded them. The Court does not reach the broader question whether the Act protects grades on individual assignments once they are turned in to teachers. Pp.431-436.

233 F.3d 1203, reversed and remanded.

KENNEDY, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and STEVENS, O'CONNOR, SOUTER, THOMAS, GINSBURG, and BREYER, JJ., joined. SCALIA, J., filed an opinion concurring in the judgment, post, p. 436.

Jerry A. Richardson argued the cause for petitioners.

With him on the briefs was Karen L. Long.

Deputy Solicitor General Kneedler argued the cause for the United States as amicus curiae urging reversal. With

him on the brief were Solicitor General Olson, Acting Assistant Attorney General Schiffer, Beth S. Brinkmann, Mark B. Stern, and Colette G. Matzzie.

Will K. Wright, Jr., argued the cause for respondent.

With him on the brief were John W Whitehead and Steven H. Aden.*

JUSTICE KENNEDY delivered the opinion of the Court. Teachers sometimes ask students to score each other's tests, papers, and assignments as the teacher explains the correct answers to the entire class. Respondent contends this practice, which the parties refer to as peer grading, violates the Family Educational Rights and Privacy Act of 1974 (FERPA or Act), 88 Stat. 571, 20 U. S. C. § 1232g. We took this case to resolve the issue.

I

Under FERPA, schools and educational agencies receiving federal financial assistance must comply with certain conditions. § 1232g(a)(3). One condition specified in the Act is that sensitive information about students may not be released without parental consent. The Act states that federal funds are to be withheld from school districts that have "a policy or practice of permitting the release of education records (or personally identifiable information contained

*Briefs of amici curiae urging reversal were filed for the National Education Association et al. by Robert H. Chanin and Andrew D. Roth; for the National School Boards Association et al. by Julie Underwood, Julie E. Lewis, Sheldon E. Steinbach, and Martin Michaelson; for the Oklahoma Education Association by Richard B. Wilkinson and Brandon R. Webb; and for the Reporters Committee for Freedom of the Press et al. by Gregg

Briefs of amici curiae urging affirmance were filed for the Capitol Resource Institute et al. by Richard D. Ackerman and Gary G. Kreep; for the Council of Counseling Psychology Training Programs et al. by Dennis Owens; and for the Eagle Forum Education & Legal Defense Fund by Karen Tripp and Phyllis Schlafiy.

therein ... ) of students without the written consent of their parents." § 1232g(b)(1). The phrase "education records" is defined, under the Act, as "records, files, documents, and other materials" containing information directly related to a student, which "are maintained by an educational agency or institution or by a person acting for such agency or institution." § 1232g(a)(4)(A). The definition of education records contains an exception for "records of instructional, supervisory, and administrative personnel ... which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute." § 1232g(a)(4)(B)(i). The precise question for us is whether peer-graded classroom work and assignments are education records.

Three of respondent Kristja J. Falvo's children are enrolled in Owasso Independent School District No. 1-011, in a suburb of Tulsa, Oklahoma. The children's teachers, like many teachers in this country, use peer grading. In a typical case the students exchange papers with each other and score them according to the teacher's instructions, then return the work to the student who prepared it. The teacher may ask the students to report their own scores. In this case it appears the student could either call out the score or walk to the teacher's desk and reveal it in confidence, though by that stage, of course, the score was known at least to the one other student who did the grading. Both the grading and the system of calling out the scores are in contention here.

Respondent claimed the peer grading embarrassed her children. She asked the school district to adopt a uniform policy banning peer grading and requiring teachers either to grade assignments themselves or at least to forbid students from grading papers other than their own. The school district declined to do so, and respondent brought a class action pursuant to Rev. Stat. § 1979, 42 U. S. C. § 1983 (1994 ed., Supp. V), against the school district, Superintendent Dale

Johnson, Assistant Superintendent Lynn Johnson, and Principal Rick Thomas (petitioners). Respondent alleged the school district's grading policy violated FERPA and other laws not relevant here. The United States District Court for the Northern District of Oklahoma granted summary judgment in favor of the school district's position. The court held that grades put on papers by another student are not, at that stage, records "maintained by an educational agency or institution or by a person acting for such agency or institution," 20 U. S. C. § 1232g(a)(4)(A), and thus do not constitute "education records" under the Act. On this reasoning it ruled that peer grading does not violate FERPA.

The Court of Appeals for the Tenth Circuit reversed. 233 F.3d 1203 (2000). FERPA is directed to the conditions schools must meet to receive federal funds, and as an initial matter the court considered whether the Act confers a private right of action upon students and parents if the conditions are not met. Despite the absence of an explicit authorization in the Act conferring a cause of action on private parties, the court held respondent could sue to enforce FERPA's terms under 42 U. S. C. § 1983. 233 F. 3d, at 12111213. Turning to the merits, the Court of Appeals held that peer grading violates the Act. The grades marked by students on each other's work, it held, are education records protected by the statute, so the very act of grading was an impermissible release of the information to the student grader. Id., at 1216.

We granted certiorari to decide whether peer grading violates FERPA. 533 U. S. 927 (2001). Finding no violation of the Act, we reverse.

II

At the outset, we note it is an open question whether FERPA provides private parties, like respondent, with a cause of action enforceable under § 1983. We have granted certiorari on this issue in another case. See Gonzaga Univ. v. Doe, post, p. 1103. The parties, furthermore, did

not contest the § 1983 issue before the Court of Appeals. That court raised the issue sua sponte, and petitioners did not seek certiorari on the question. We need not resolve the question here as it is our practice "to decide cases on the grounds raised and considered in the Court of Appeals and included in the question on which we granted certiorari." Bragdon v. Abbott, 524 U. S. 624, 638 (1998). In these circumstances we assume, but without so deciding or expressing an opinion on the question, that private parties may sue an educational agency under § 1983 to enforce the provisions of FERPA here at issue. Though we leave open the § 1983 question, the Court has subject-matter jurisdiction because respondent's federal claim is not so "completely devoid of merit as not to involve a federal controversy." Steel Co. v. Citizens for Better Environment, 523 U. S. 83, 89 (1998) (citation omitted). With these preliminary observations concluded, we turn to the merits.

The parties appear to agree that if an assignment becomes an education record the moment a peer grades it, then the grading, or at least the practice of asking students to call out their grades in class, would be an impermissible release of the records under § 1232g(b)(1). Tr. of Oral Arg. 21. Without deciding the point, we assume for the purposes of our analysis that they are correct. The parties disagree, however, whether peer-graded assignments constitute education records at all. The papers do contain information directly related to a student, but they are records under the Act only when and if they "are maintained by an educational agency or institution or by a person acting for such agency or institution." § 1232g(a)(4)(A).

Petitioners, supported by the United States as amicus curiae, contend the definition covers only institutional records-namely, those materials retained in a permanent file as a matter of course. They argue that records "maintained by an educational agency or institution" generally would include final course grades, student grade point averages,

standardized test scores, attendance records, counseling records, and records of disciplinary actions-but not student homework or classroom work. Brief for Petitioners 17; Brief for United States as Amicus Curiae 14.

Respondent, adopting the reasoning of the Court of Appeals, contends student-graded assignments fall within the definition of education records. That definition contains an exception for "records of instructional, supervisory, and administrative personnel ... which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute." § 1232g(a)(4)(B)(i). The Court of Appeals reasoned that if grade books are not education records, then it would have been unnecessary for Congress to enact the exception. Grade books and the grades within, the court concluded, are "maintained" by a teacher and so are covered by FERPA. 233 F. 3d, at 1215. The court recognized that teachers do not maintain the grades on individual student assignments until they have recorded the result in the grade books. It reasoned, however, that if Congress forbids teachers to disclose students' grades once written in a grade book, it makes no sense to permit the disclosure immediately beforehand. Id., at 1216. The court thus held that student graders maintain the grades until they are reported to the teacher. Ibid.

The Court of Appeals' logic does not withstand scrutiny.

Its interpretation, furthermore, would effect a drastic alteration of the existing allocation of responsibilities between States and the National Government in the operation of the Nation's schools. We would hesitate before interpreting the statute to effect such a substantial change in the balance of federalism unless that is the manifest purpose of the legislation. This principle guides our decision.

Two statutory indicators tell us that the Court of Appeals erred in concluding that an assignment satisfies the definition of education records as soon as it is graded by another student. First, the student papers are not, at that stage,

"maintained" within the meaning of § 1232g(a)(4)(A). The ordinary meaning of the word "maintain" is "to keep in existence or continuance; preserve; retain." Random House Dictionary of the English Language 1160 (2d ed. 1987). Even assuming the teacher's grade book is an education recorda point the parties contest and one we do not decide herethe score on a student-graded assignment is not "contained therein," § 1232g(b)(1), until the teacher records it. The teacher does not maintain the grade while students correct their peers' assignments or call out their own marks. Nor do the student graders maintain the grades within the meaning of § 1232g(a)(4)(A). The word "maintain" suggests FERPA records will be kept in a filing cabinet in a records room at the school or on a permanent secure database, perhaps even after the student is no longer enrolled. The student graders only handle assignments for a few moments as the teacher calls out the answers. It is fanciful to say they maintain the papers in the same way the registrar maintains a student's folder in a permanent file.

The Court of Appeals was further mistaken in concluding that each student grader is "a person acting for" an educational institution for purposes of § 1232g(a)(4)(A). 233 F. 3d, at 1216. The phrase "acting for" connotes agents of the school, such as teachers, administrators, and other school employees. Just as it does not accord with our usual understanding to say students are "acting for" an educational institution when they follow their teacher's direction to take a quiz, it is equally awkward to say students are "acting for" an educational institution when they follow their teacher's direction to score it. Correcting a classmate's work can be as much a part of the assignment as taking the test itself. It is a way to teach material again in a new context, and it helps show students how to assist and respect fellow pupils. By explaining the answers to the class as the students correct the papers, the teacher not only reinforces the lesson but also discovers whether the students have understood

the material and are ready to move on. We do not think FERPA prohibits these educational techniques. We also must not lose sight of the fact that the phrase "by a person acting for [an educational] institution" modifies "maintain." Even if one were to agree students are acting for the teacher when they correct the assignment, that is different from saying they are acting for the educational institution in maintaining it.

Other sections of the statute support our interpretation.

See Davis v. Michigan Dept. of Treasury, 489 U. S. 803, 809 (1989) ("It is a fundamental canon of statutory construction that the words of a statute must be read in their context and with a view to their place in the overall statutory scheme"). FERPA, for example, requires educational institutions to "maintain a record, kept with the education records of each student." § 1232g(b)(4)(A). This record must list those who have requested access to a student's education records and their reasons for doing so. Ibid. The record of access "shall be available only to parents, [and] to the school official and his assistants who are responsible for the custody of such records." Ibid.

Under the Court of Appeals' broad interpretation of education records, every teacher would have an obligation to keep a separate record of access for each student's assignments. Indeed, by that court's logic, even students who grade their own papers would bear the burden of maintaining records of access until they turned in the assignments. We doubt Congress would have imposed such a weighty administrative burden on every teacher, and certainly it would not have extended the mandate to students.

Also, FERPA requires "a record" of access for each pupil.

This single record must be kept "with the education records." This suggests Congress contemplated that education records would be kept in one place with a single record of access. By describing a "school official" and "his assistants" as the personnel responsible for the custody of the records,

FERPA implies that education records are institutional records kept by a single central custodian, such as a registrar, not individual assignments handled by many student graders in their separate classrooms.

FERPA also requires recipients of federal funds to provide parents with a hearing at which they may contest the accuracy of their child's education records. § 1232g(a)(2). The hearings must be conducted "in accordance with regulations of the Secretary," ibid., which in turn require adjudication by a disinterested official and the opportunity for parents to be represented by an attorney. 34 CFR § 99.22 (2001). It is doubtful Congress would have provided parents with this elaborate procedural machinery to challenge the accuracy of the grade on every spelling test and art project the child completes.

Respondent's construction of the term "education records" to cover student homework or classroom work would impose substantial burdens on teachers across the country. It would force all instructors to take time, which otherwise could be spent teaching and in preparation, to correct an assortment of daily student assignments. Respondent's view would make it much more difficult for teachers to give students immediate guidance. The interpretation respondent urges would force teachers to abandon other customary practices, such as group grading of team assignments. Indeed, the logical consequences of respondent's view are all but unbounded. At argument, counsel for respondent seemed to agree that if a teacher in any of the thousands of covered classrooms in the Nation puts a happy face, a gold star, or a disapproving remark on a classroom assignment, federal law does not allow other students to see it. Tr. of Oral Arg. 40.

We doubt Congress meant to intervene in this drastic fashion with traditional state functions. Under the Court of Appeals' interpretation of FERPA, the federal power would exercise minute control over specific teaching methods and

SCALIA, J., concurring in judgment

instructional dynamics in classrooms throughout the country. The Congress is not likely to have mandated this result, and we do not interpret the statute to require it.

For these reasons, even assuming a teacher's grade book is an education record, the Court of Appeals erred, for in all events the grades on students' papers would not be covered under FERPA at least until the teacher has collected them and recorded them in his or her grade book. We limit our holding to this narrow point, and do not decide the broader question whether the grades on individual student assignments, once they are turned in to teachers, are protected by the Act.

The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.

JUSTICE SCALIA, concurring in the judgment.

I agree with the Court that peer-graded student papers do not constitute "education records" while they remain in the possession of the peer grader because, as the Court explains, a student who grades another's work is not "a person acting for" the school in the ordinary meaning of that phrase. Ante, at 432, 433. I cannot agree, however, with the other ground repeatedly suggested by the Court: that education records include only documents kept in some central repository at the school. Ante, at 433 ("The word 'maintain' suggests FERPA records will be kept in a filing cabinet in a records room at the school or on a permanent secure database .... It is fanciful to say [student graders] maintain the papers in the same way the registrar maintains a student's folder in a permanent file"), 435 ("FERPA implies that education records are institutional records kept by a single central custodian, such as a registrar ... ").

As the Court acknowledges, ante, at 429, 432, Congress expressly excluded from the coverage of FERPA "records of

instructional ... personnel ... which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute," 20 U. s. C. § 1232g(a)(4)(B)(i). Respondent argues that this exception, which presumably encompasses many documents a teacher might create and keep in the classroom, including a grade book, would be rendered superfluous if education records included only "institutional records kept by a single central custodian, such as a registrar." We do not, of course, read statutes in such fashion as to render entire provisions inoperative. United States v. Nordic Village, Inc., 503 U. S. 30, 35-36 (1992).

The Court does not explain why respondent's argument is not correct, and yet continues to rely upon the "central custodian" principle that seemingly renders the exception for "records of instructional ... personnel" superfluous. Worse still, while thus relying upon a theory that plainly excludes teachers' grade books, the Court protests that it is not deciding whether grade books are education records, ante, at 433. In my view, the Court's endorsement of a "central custodian" theory of records is unnecessary for the decision of this case, seemingly contrary to § 1232g(a)(4)(B)(i), and (when combined with the Court's disclaimer of any view upon the status of teachers' grade books) incurably confusing. For these reasons, I concur only in the judgment of the Court.

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Owasso Independent School Dist. No. I-011 v. Falvo, 534 U.S. 426 (2002)

# data[].attributes.attachment_link.description
OCTOBER TERM, 2001 Syllabus OWASSO INDEPENDENT SCHOOL DISTRICT NO. 1-011, AKA OWASSO PUBLIC SCHOOLS, ET AL. v. FALVO, PARENT AND NEXT FRIEND OF HER MINOR CHILDREN, PLETAN, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT No. 00-1073.