From my research, it appears that Bradley did not violate Alicia Butler’s privacy by disclosing that she did not receive any degrees at the school. However, Butler is doing the right thing by getting a lawyer anyway. A lawyer will make sure all of Bradley’s t’s were crossed and their i’s dotted.

The U.S. Department of Education has some pretty strict privacy policies on school records. According to the Family Educational Rights and Privacy Act (FERPA):

A school MAY disclose education records without consent when:

• The disclosure is to school officials who have been determined to have legitimate educational interests as set forth in the institution’s annual notification of rights to students;
• The student is seeking or intending to enroll in another school;
• The disclosure is to state or local educational authorities auditing or enforcing Federal or State supported education programs or enforcing Federal laws which relate to those programs;
• The disclosure is to the parents of a student who is a dependent for income tax purposes;
• The disclosure is in connection with determining eligibility, amounts, and terms for financial aid or enforcing the terms and conditions of financial aid;
• The disclosure is pursuant to a lawfully issued court order or subpoena; or
• The information disclosed has been appropriately designated as directory information by the school.

The only possible category under which Bradley could have disclosed info about Alicia Butler to the press is the last bullet point, “directory information.” What is that? The FERPA FAQ answers that (emphasis mine):

FERPA defines “directory information” as information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Typically, “directory information” includes information such as name, address, telephone listing, date and place of birth, participation in officially recognized activities and sports, and dates of attendance. A school may disclose “directory information” to third parties without consent if it has given public notice of the types of information which it has designated as “directory information,” the parent’s or eligible student’s right to restrict the disclosure of such information, and the period of time within which a parent or eligible student has to notify the school in writing that he or she does not want any or all of those types of information designated as “directory information.” The means of notification could include publication in various sources, including a newsletter, in a local newspaper, or in the student handbook. The school could also include the “directory information” notification as part of the general notification of rights under FERPA. The school does not have to notify a parent or eligible student individually. (34 CFR § 99.37.)

So, Bradley gets to choose what information will be designated “directory information.” And they have. According to Bradley’s website, they consider the following information “directory information,” and thus, able to be disseminated without the consent of the student (emphasis mine):

• Name and address, including telephone listing, local, permanent, and e-mail.
• Parent name and address, (for news releases only).
• Major field of study.
• Dates of attendence.
• Class and full-time/part-time status.
• Approved candidacy for graduation.
• Degrees and awards received.
• Most recent institution attended by student.
• Participation in officially recognized activities and sports.
• Weight and height of athletic team members.
• Birthdate will be validated only when furnished by the person making inquiry, for positive identification of the student.

Students can sign a “Stop of Release” form to prevent this information from being disclosed without their consent, but according to the Journal Star, Butler did not sign one.