Supreme Court of the United States February 19, 2002, 00-1073 (Owasso Independent School District No. I-011 v. Falvo Ex Rel. Pletan)

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.