Gonzaga Univ. v. Doe, 536 U.S. 273, 7 (2002)

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Cite as: 536 U. S. 273 (2002)

Opinion of the Court

"No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein . . .) of students without the written consent of their parents to any individual, agency, or organization." 20 U. S. C. 1232g(b)(1).

The Act directs the Secretary of Education to enforce this and other of the Act's spending conditions. 1232g(f). The Secretary is required to establish an office and review board within the Department of Education for "investigating, processing, reviewing, and adjudicating violations of [the Act]." 1232g(g). Funds may be terminated only if the Secretary determines that a recipient institution "is failing to comply substantially with any requirement of [the Act]" and that such compliance "cannot be secured by voluntary means." 1234c(a), 1232g(f).

Respondent contends that this statutory regime confers upon any student enrolled at a covered school or institution a federal right, enforceable in suits for damages under 1983, not to have "education records" disclosed to unauthorized persons without the student's express written consent. But we have never before held, and decline to do so here, that spending legislation drafted in terms resembling those of FERPA can confer enforceable rights.

In Maine v. Thiboutot, 448 U. S. 1 (1980), six years after Congress enacted FERPA, we recognized for the first time that 1983 actions may be brought against state actors to enforce rights created by federal statutes as well as by the Constitution. There we held that plaintiffs could recover payments wrongfully withheld by a state agency in violation of the Social Security Act. Id., at 4. A year later, in Penn-hurst State School and Hospital v. Halderman, 451 U. S. 1 (1981), we rejected a claim that the Developmentally Disabled Assistance and Bill of Rights Act of 1975 conferred enforceable rights, saying:

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