This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Ms. Brinkmann, petitioners contend that FERPA gives parents the right to prevent the release of certain educational records.
Background and question before the Court
According to Petitioners (John G. Roberts, Jr.), according to Petitioners (John G. Roberts, Jr.), congress enacted FERPA in 1974, conditioning federal funding on institutions not having policies that release student records without consent.
According to Justice, justices questioned whether the right to inspect and review education records is a federally created right or derived from another source.
What each side argues
Petitioners (John G. Roberts, Jr.)
According to Petitioners (John G. Roberts, Jr.), according to Petitioners (John G. Roberts, Jr.), petitioners argue that FERPA conditions federal funding on institutions not releasing records without consent, indicating congressional intent to protect student privacy.
Ms. Millett
According to Ms. Millett, she notes that FERPA provides privacy protection at a collective system‑wide level, not at the individual level.
Ms. Brinkmann
According to Ms. Brinkmann, ms. Brinkmann asserts that Congress gave parents the right to prevent release of certain educational records, as shown by the statute's language and history.
United States (Amicus Curiae)
Source-limited. The record does not yet support a complete account.
ACLU (Amicus)
According to ACLU, the ACLU brief points out that most private schools do not receive federal funding, affecting the relationship between students and private schools.
What happened at oral argument
According to Chief Justice Rehnquist, chief Justice Rehnquist announced the hearing of argument in case 01‑679.
According to Justice, a Justice questioned whether the right to inspect and review education records is a federally created right or derived from another source.
A Justice asked whether the statute’s reference to “rights” creates a federally created right for students and parents.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- ee6d1d1c5caffe9aa331-r1-e47bc430ca187ab7.pdforal argument transcript
Guide generated September 19, 2026. Automated validation accepted this version.