Kevin McRae, deputy commissioner of communications with the Office of the Commissioner of Higher Education, said the office will not confirm or deny the existence of the disciplinary records sought by Krakauer.

“The commissioner’s office cannot and will not confirm or deny, or speak to in any way, whether there are records for the student named by Mr. Krakauer,” said McRae. “You can judge for yourself if the identity of a student named by a petitioner – even with the names blacked out – is protected.”

McRae said the commissioner’s office won’t release the records without calling in legal experts from the U.S. Department of Education for a closer review of Seeley’s order and the potential ramifications.

McRae said the state cannot risk violating the federal Family Education Rights and Privacy Act. Doing so could cost Montana students millions of dollars in educational grants, he said.

“Over the 30 days, we will be analyzing the judge’s order, in consultation with the U.S. Department of Education, to determine whether the instructions in that order comply with FERPA,” McRae said. “We have to make sure we’re protecting student privacy. The cost of violating that is severe.”