# Ark. Code Ann. § 6-15-2909: Public availability of test instruments and scores

> Arkansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T6_C15_S29_S6-15-2909

## Section

- **Citation:** Ark. Code Ann. § 6-15-2909
- **Heading:** Public availability of test instruments and scores
- **Jurisdiction:** Arkansas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** AR Code / Title 6 / Chapter 15 / Subchapter 29 / Section 6-15-2909

## Text

(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.

## Nearby sections

- [Ark. Code Ann. § 6-15-2901 Title](https://www.frixlaw.com/law-library/statutes/STATE_AR_T6_C15_S29_S6-15-2901.md)
- [Ark. Code Ann. § 6-15-2902 Legislative findings](https://www.frixlaw.com/law-library/statutes/STATE_AR_T6_C15_S29_S6-15-2902.md)
- [Ark. Code Ann. § 6-15-2903 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T6_C15_S29_S6-15-2903.md)
- [Ark. Code Ann. § 6-15-2904 Responsibility of Division of Elementary and Secondary Education](https://www.frixlaw.com/law-library/statutes/STATE_AR_T6_C15_S29_S6-15-2904.md)
- [Ark. Code Ann. § 6-15-2905 Authority of State Board of Education](https://www.frixlaw.com/law-library/statutes/STATE_AR_T6_C15_S29_S6-15-2905.md)
- [Ark. Code Ann. § 6-15-2906 Academic standards](https://www.frixlaw.com/law-library/statutes/STATE_AR_T6_C15_S29_S6-15-2906.md)
- [Ark. Code Ann. § 6-15-2907 Statewide student assessment system - Definition](https://www.frixlaw.com/law-library/statutes/STATE_AR_T6_C15_S29_S6-15-2907.md)
- [Ark. Code Ann. § 6-15-2908 Analyses of statewide student assessment data](https://www.frixlaw.com/law-library/statutes/STATE_AR_T6_C15_S29_S6-15-2908.md)
- [Ark. Code Ann. § 6-15-2909 Public availability of test instruments and scores](https://www.frixlaw.com/law-library/statutes/STATE_AR_T6_C15_S29_S6-15-2909.md)
- [Ark. Code Ann. § 6-15-2910 Student performance levels](https://www.frixlaw.com/law-library/statutes/STATE_AR_T6_C15_S29_S6-15-2910.md)
- [Ark. Code Ann. § 6-15-2911 Student-focused learning system](https://www.frixlaw.com/law-library/statutes/STATE_AR_T6_C15_S29_S6-15-2911.md)
- [Ark. Code Ann. § 6-15-2912 Educator excellence - Intent](https://www.frixlaw.com/law-library/statutes/STATE_AR_T6_C15_S29_S6-15-2912.md)
- [Ark. Code Ann. § 6-15-2913 Levels of school district support](https://www.frixlaw.com/law-library/statutes/STATE_AR_T6_C15_S29_S6-15-2913.md)
- [Ark. Code Ann. § 6-15-2914 School-level improvement plans - School district support plans](https://www.frixlaw.com/law-library/statutes/STATE_AR_T6_C15_S29_S6-15-2914.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T6_C15_S29_S6-15-2909. Check the current official text before relying on it. Not legal advice.
