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Thus, peer-grading was determined as a violation of FERPA privacy policies because students had access to other students' academic performance without full consent. [11] However, on appeal to the Supreme Court, it was unanimously ruled that peer-grading was not a violation of FERPA.
Although FERPA (see below) is the primary Federal law regarding student data privacy, it is also regulated at the Federal level by regulations like COPPA, for online sites directed at children under 13, and HIPAA, for any health-related data. There are many state- and local-level regulations and laws and policies as well, but these are the ...
The act “defined protected health information so as to exclude individually identifiable health information that is included in education records covered by FERPA and that is in treatment records that are exempted from FERPA.” [23] The difference between educational records and treatment records is that treatment records fall under federal ...
They affirmed in regards to the 14th Amendment complaint, but reversed on the FERPA claim, stating that the peer grading act did violate the terms of FERPA. The school board then appealed this to the Supreme Court of the United States, where it was heard on November 27, 2001, and decided on February 19, 2002.
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Text of Gonzaga University v. Doe , 536 U.S. 273 (2002) is available from: Cornell CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)
Pub. L. 105–244 (text) Pub. L. 106–386 (text) (PDF) The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act or Clery Act , signed in 1990, is a federal statute codified at 20 U.S.C. § 1092(f) , with implementing regulations in the U.S. Code of Federal Regulations at 34 CFR 668.46 .
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