According to the ruling in Owasso Independent School District v. Falvo, what does FERPA not create?

Prepare for the FERPA and HIPAA Test. Study with flashcards and multiple-choice questions featuring hints and explanations to boost your knowledge. Get exam-ready!

In the case of Owasso Independent School District v. Falvo, the court determined that FERPA does not create privately enforceable individual rights. This means that while FERPA provides guidelines and regulations to protect students' educational records and privacy, it does not grant students or parents the ability to enforce these rights through private lawsuits. Instead, enforcement is primarily the responsibility of the educational institutions themselves and the federal government.

The ruling emphasized that the enforcement mechanisms in place are administrative in nature and do not extend to judicial avenues for individuals. Consequently, individuals cannot sue educational institutions directly for violations of FERPA, as the statute does not provide a private right of action. This outcome clarifies the scope and applicability of FERPA with respect to individual claims regarding educational records, placing the reins of enforcement mostly in the hands of the Department of Education and educational entities themselves.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy