Doss

DISCUSSION

20 In an order filed September 12, 2022, the Court dismissed plaintiff’s claims under 42 U.S.C. 21 § 1983 alleging violations of J.D.’s due process rights. The Court held, inter alia, that there is no 22 property interest in attendance at a private school, that plaintiff had not alleged that the revocation 23 of J.D.’s admission to private school was done under color of state law, and that plaintiff had failed 24 to meet the “stigma plus” test necessary to state a claim for deprivation of a privacy right. The Court 25 granted plaintiff leave to amend. 26 On October 10, 2022, plaintiff filed a second amended complaint (“SAC”). The SAC 27 reiterates the allegations of the first amended complaint, and contains a new allegation that defendants violated the nondisclosure provisions of the Family Educational Rights and Privacy Act (“FERPA”). Plaintiff cites the FERPA violation as an alternative basis for his section 1983 claims, and he also brings a new cause of action directly under FERPA. Defendants contend that the SAC should be dismissed for the reasons set forth in the Court’s prior order, and that FERPA violations do not give rise to…