Public availability of test instruments and scores

(a) Any material containing the personally identifiable information, including without limitation identifiable scores, of individual students on any test taken under the provisions of this subchapter shall not be: (1) Considered a public record within the meaning of the Freedom of Information Act of 1967, § 25-19-101 et seq.; or (2) Disseminated or otherwise made available to the public by a member of the State Board of Education, an employee of the Division of Elementary and Secondary Education, a member of the board of directors of a school district, an employee of a school district, or any other person, except as permitted under the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g , as it existed on January 1, 2017. (b) All analyses, reports, and compilations of test scores that do not contain personally identifiable information are a public record within the meaning of the Freedom of Information Act of 1967, § 25-19-101 et seq., if the release complies with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g , as it existed on January 1, 2017, and with § 6-18-109 . (c) In order to protect the validity and reliability of statewide student assessments, the test instruments shall not be made available to the public. Amended by Act 2019, No. 910,§ 1300, eff. 7/1/2019. Added by Act 2017, No. 930,§ 2, eff. 8/1/2017.

(a) Any material containing the personally identifiable information, including without limitation identifiable scores, of individual students on any test taken under the provisions of this subchapter shall not be: (1) Considered a public record within the meaning of the Freedom of Information Act of 1967, § 25-19-101 et seq.; or (2) Disseminated or otherwise made available to the public by a member of the State Board of Education, an employee of the Division of Elementary and Secondary Education, a member of the board of directors of a school district, an employee of a school district, or any other person, except as permitted under the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g , as it existed on January 1, 2017.

(1) Considered a public record within the meaning of the Freedom of Information Act of 1967, § 25-19-101 et seq.; or

(2) Disseminated or otherwise made available to the public by a member of the State Board of Education, an employee of the Division of Elementary and Secondary Education, a member of the board of directors of a school district, an employee of a school district, or any other person, except as permitted under the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g , as it existed on January 1, 2017.

(b) All analyses, reports, and compilations of test scores that do not contain personally identifiable information are a public record within the meaning of the Freedom of Information Act of 1967, § 25-19-101 et seq., if the release complies with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g , as it existed on January 1, 2017, and with § 6-18-109 .

(c) In order to protect the validity and reliability of statewide student assessments, the test instruments shall not be made available to the public.

Amended by Act 2019, No. 910,§ 1300, eff. 7/1/2019.

Added by Act 2017, No. 930,§ 2, eff. 8/1/2017.