Legal Opinion

Mark Tarka v. G. Charles Franklin

Court of Appeals for the Fifth Circuit

Decided December 29, 1989No. 89-1161PublishedCited by 27 opinions

1Per curiam

The major issue in this case is whether appellant was a “student” at the University of Texas at Austin for purposes of gaining access to his admission file there in accordance with the Family Educational Rights & Privacy Act of 1974 (“FERPA”) 20 U.S.C. § 1232g. We agree with the district court’s conclusion that a person whose application to the Graduate School of the University of Texas has been rejected, but who nevertheless audited some classes at the University is not a “student” as defined by FERPA, 20 U.S.C. § 1232g(a)(6). We adopt and reproduce below the pertinent portions of the…

2Cases cited8 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Mitchell v. ForsythSupreme Court of the United States · 1985
  4. Flagg Bros., Inc. v. BrooksSupreme Court of the United States · 1978
  5. Lillie Russell v. Dr. Robert Harrison, President of the Board of Trustees of Institutions of Higher LearningCourt of Appeals for the Fifth Circuit · 1984

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3Cited by27 opinions

  1. Kate Frazier v. Fairhaven School CommitteeCourt of Appeals for the First Circuit · 2002
  2. Carey Ex Rel. Carey v. Maine School Administrative District 17District Court, D. Maine · 1990
  3. Osborn v. Board of Regents of the University of Wisconsin SystemWisconsin Supreme Court · 2002
  4. Krebs v. RutgersDistrict Court, D. New Jersey · 1992
  5. Achman v. CHISAGO LAKES IND. SCHOOL DIST. NO. 2144District Court, D. Minnesota · 1999

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