Owasso Independent School District No. I-011, Aka Owasso Public Schools v. Falvo, Parent a — Scalia, J…

Summary

Justice Scalia concurs in the judgment that peer‑graded student papers are not “education records” under FERPA, but he dissents from the majority’s reliance on a “central custodian” theory of records. He argues that the statutory exception for records of instructional personnel makes the central‑custodian approach unnecessary and confusing. The concurrence therefore affirms the judgment without endorsing the majority’s reasoning.