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Legalities of children grading each other's papers??? (long)


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Joined: Nov 03, 2005
Posts: 69138
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Posted Oct 03, 2002 at 4:13:07 PM
Subject: Legalities of children grading each other's papers??? (long)

My neighbor has a 10yo son with CAPD. His math teacher this year has the children grade each others' math practice worksheets in class. Afterwards, the children call out their scores for the teacher to record in her book. Any child who isn't "comfortable" with this practice can come up to her desk and give her his score privately.

After finding out about this practice, my neighbor called her child's advocate. Although the advocate followed up and went on record with the school against this practice, she was not able to effect any change. My neighbor then talked to the principal, who basically refused to have the teacher change the procedure, and who also refused to transfer the boy to another math class. My neighbor thinks the principal will ultimately offer a "compromise" which allows her son to turn in his worksheets to the teacher rather than call out his score or come up to the desk -- just to get rid of her.

The principal said that another family in Minnesota had challenged the practice of children grading each others' papers, that the case went to the state supreme court, and that the parents lost. The parents' lawyers based their case on privacy laws. Since none of the information went directly into the child's permanent records, the practice did not violate privacy protections.

Anyway, my neighbor is interested in getting this practice changed -- not just for her child, but for all children. I'm *sure* that I have seen posts from other states in which parents have successfully stopped this practice -- basing their court cases on laws governing discrimination, disabilities, IDEA, etc. rather than on privacy, perhaps?

Anyone have any experience with this issue? If there is another state in which this kind of practice (children grading each others' papers in class) has been successfully stopped, I would like to hear about it. My neighbor is willing to bring a lawsuit if that is what is required. Any information about successful challenges to this practice, including lawsuits, would be greatly appreciated!

Mary

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Anonymous
Joined Oct 01, 2014
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Unfortunately, the Supreme Court recently upheld the practice, finding that peer grading did not violate the Family Educational Rights and Privacy Act.

Andrea

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Anonymous
Joined Oct 01, 2014
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In 6th grade my son's math teacher did this. What soon happened is the kids stopped exchanging papers and were not calling out what they got just a high answer. My son switched math teachers so I don't know how it all got resolved. Around here usually teachers collect the homework or walk around and give points based on a quick look.

Helen

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Anonymous
Joined Oct 01, 2014
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Posted:Oct 04, 2002 10:03:22 AM

It was the same when I was in junior high math and with the same result of the students ending up giving themselves whatever grade they pleased. I've heard this story so many times in so many places over the decades that I have to think that the math teachers know exactly what's going on. After all, some of those students have to be teachers by know. The upside is that the students in math class had improved peer relationships because of their little secret. Personally, I would seriously consider homeschooling if I saw this happening at my child's school. Of course, I'd seriously consider homeschooling anyway.

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Anonymous
Joined Oct 01, 2014
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This may be completely unfeasable, but can anything be added to an IEP regarding peer grading?

K.

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Anonymous
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Posted:Oct 06, 2002 12:11:22 PM

http://laws.findlaw.com/10th/995130.html

This is a due process case in which the parent sued under a FERPA violation. Ultimately they sided with the district,BUT in discussion on the case,it did state that a complaint filed could caused denial of federal funding because the state has promised certain rights under federal laws,which would be FERPA and IDEA. I suggest you read this case closely and check into the caselaw they cite.

The issue they lost on was the fact that under FERPA it states one can not disclose grades after they are recorded. IF the grades are not recorded,then it doesn't violate FERPA,if is recorded and THEN disclosed,it would violate FERPA the question remains does the teacher intend on recording the grade after it is publicly disclosed? You would have to prove in court that the teacher intends on recording the grades,hence the reason I like filing complaints. Not only are they much cheaper( as a matter of fact they are free) but in certain situations the Office of Civil Rights finds for the student far more then the courts do. Good Luck..

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