294
Stevens, J., dissenting
vides that a "student or a person applying for admission" may waive "his right of access" to certain confidential statements. Two separate provisions protect students' privacy rights: subsection (a)(2) refers to "the privacy rights of students," and subsection (c) protects "the rights of privacy of students and their families." And subsection (d) provides that after a student has attained the age of 18, "the rights accorded to the parents of the student" shall thereafter be extended to the student. Given such explicit rights-creating language, the title of the statute, which describes "family educational rights," is appropriate: The entire statutory scheme was designed to protect such rights.
Of course, as we have stated previously, a "blanket approach" to determining whether a statute creates rights enforceable under 42 U. S. C. § 1983 (1994 ed., Supp. V) is inappropriate. Blessing v. Freestone, 520 U. S. 329, 344 (1997). The precise statutory provision at issue in this case is § 1232g(b).2 Although the rights-creating language in this subsection is not as explicit as it is in other parts of the statute, it is clear that, in substance, § 1232g(b) formulates an individual right: in respondent's words, the "right of parents to withhold consent and prevent the unauthorized release of education record information by an educational
review only" the parts pertaining to that student. That subsection then provides that the educational institution "shall establish appropriate procedures" for the granting of parental requests for access within 45 days. Ibid. Subsection (a)(1)(B) also refers to the parents' "right to inspect and review the education records" of their children.
2 In relevant part, § 1232g(b)(2) states that "[n]o funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information . . . unless" either "there is written consent from the student's parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the student's parents and the student if desired by the parents," or a court order dictating release of information.
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