Recent Developments (6/02)

In a 7-2 decision, the Supreme Court decided today that FERPA does not create a personal right of action for individuals under 42 USC 1983. In Gonzaga University v. Doe, a student sued the University under Sec. 1983
(a post Civil War statute used to enforce federal rights) for an alleged violation of FERPA.

A jury found for the student and awarded him compensatory and punitive damages on the FERPA claim. The Washington Court of Appeals reversed this particular finding, concluding that FERPA does not create individual rights
that can be enforced under Sec. 1983.  The State Supreme Court reversed the
appellate finding by finding that the nondisclosure provision in FERPA is in
fact individually enforceable under Sec. 1983.

The Supreme Court settled the dispute in the University's favor by declaring
that the Department of Education's administrative process through the FPCO
are the only mechanism of pursuing alleged FERPA violations, and that students cannot sue institutions for FERPA violations under Sec. 1983.

For more information, you may read a pdf document of the decision.