Gonzaga Univ. v. Doe, 536 U.S. 273, 23 (2002)

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

Stevens, J., dissenting

institution . . . that has a policy or practice of releasing such information." Brief for Respondent 11. This provision plainly meets the standards we articulated in Blessing for establishing a federal right: It is directed to the benefit of individual students and parents; the provision is binding on States, as it is "couched in mandatory, rather than precatory, terms"; and the right is far from " 'vague and amorphous,' " 520 U. S., at 340-341. Indeed, the right at issue is more specific and clear than rights previously found enforceable under § 1983 in Wright v. Roanoke Redevelopment and Housing Authority, 479 U. S. 418 (1987), and Wilder v. Virginia Hospital Assn., 496 U. S. 498 (1990), both of which involved plaintiffs' entitlement to "reasonable" amounts of money.3 As such, the federal right created by § 1232g(b) is "presumptively enforceable by § 1983," ante, at 284.

The Court claims that § 1232g(b), because it references a "policy or practice," has an aggregate focus and thus cannot qualify as an individual right. See ante, at 288 (emphasis deleted). But § 1232g(b) does not simply ban an institution from having a policy or practice—which would be a more systemic requirement. Rather, it permits a policy or practice of releasing information, so long as "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." 20 U. S. C. § 1232g(b)(2)(A). The provision speaks of the individual "student," not students generally. In light of FERPA's stated purpose to "protect such individuals' rights to privacy by limiting the transferability of their records without their consent," 120 Cong. Rec. 39862 (1974) (statement of Sen.

3 In Wright, the right claimed was "that a 'reasonable' amount for utilities be included in rent that a [public housing authority] was allowed to charge." 479 U. S., at 430. In Wilder, health care providers asserted the right to "reasonable and adequate rates" from "States participating in the Medicaid program." 496 U. S., at 512.

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