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6-15-2909. Public availability of test instruments and scores.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-15-2909. 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 the Student Online Personal Information Protection Act, § 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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-15-2909
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:6-15-2909
Source file: gov.ar.code.title.06.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9b6b44a156e7c5f2a3f83a68bae4848294847b64f87bfff9a721cbd715ba8187
Source location: content.xml paragraph 9195
Stored source content
6-15-2909. 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 the Student Online Personal Information Protection Act, § 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.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
All laborers and mechanics employed by contractors or subcontractors on all construction and minor remodeling projects assisted under any applicable program shall be paid wages at rates not less than those prevailing on similar construction and minor remodeling in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and [section 3145 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3145&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1232g
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1232g. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 906
TITLE 20—EDUCATION
§ 1232f
Editorial Notes
PRIOR PROVISIONS
A prior section 1232e, Pub. L. 90–247, title IV, § 436,
formerly § 426, as added Pub. L. 91–230, title IV,
§ 401(a)(10), Apr. 13, 1970, 84 Stat. 170; renumbered § 436,
Pub. L. 92–318, title III, § 301(a)(1), June 23, 1972, 86 Stat.
326, related to authority of Commissioner to vest title
in equipment, prior to repeal by section 1231(a)(3) of
Pub. L. 95–561.
A prior section 442 of Pub. L. 90–247 was classified to
section 1233a of this title prior to repeal by Pub. L.
103–382.
AMENDMENTS
1994—Subsec. (a). Pub. L. 103–382, § 261(g)(1), sub-
stituted ‘‘that local educational agency’’ for ‘‘that
local education agency’’.
Subsec. (b)(2). Pub. L. 103–382, § 261(g)(2)(A), inserted
comma after ‘‘program’’.
Subsec. (b)(4). Pub. L. 103–382, § 261(g)(2)(B), sub-
stituted ‘‘Secretary’’ for ‘‘Commissioner’’ wherever ap-
pearing.
Pub. L. 103–382, § 212(b)(3)(B), made technical amend-
ment to reference to section 1232f of this title to reflect
renumbering of corresponding section of original act.
Subsec. (b)(7)(B). Pub. L. 103–382, § 261(g)(2)(C), sub-
stituted ‘‘individuals with disabilities’’ for ‘‘handi-
capped individuals’’.
1984—Subsec. (b)(9). Pub. L. 98–511 added par. (9).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–511 effective Oct. 19, 1984,
see section 711(a) of Pub. L. 98–511, set out as a note
under section 1226c of this title.
EFFECTIVE DATE
Section effective with respect to appropriations for
fiscal year 1980 and subsequent fiscal years, see section
1261 of Pub. L. 95–561, set out as a note under section
1232c of this title.
PART 4—RECORDS; PRIVACY; LIMITATION ON
WITHHOLDING FEDERAL FUNDS
§ 1232f. Records
(a) Records
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1232g
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1232g. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-19-101. Title.
This chapter shall be known and cited as the “Freedom of Information Act of 1967”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-19-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-19-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-18-109. Student Online Personal Information Protection Act — Definitions.
(a) As used in this section:
(1) “Covered information” means personally identifiable information or materials regarding a public school student in this state, in any media or format, when the information is:
(A) Created or provided by a student or the student's parent or guardian to an operator in the course of the student's, parent's, or guardian's use of the operator's website, service, or application;
(B) Created or provided by an employee or agent of a public school, school district, local education agency, or the Division of Elementary and Secondary Education to the operator for public school purposes; or
(C) Gathered by an operator through the operation of the website, service, or application and personally identifies a student, including without limitation a student's:
(i) First and last name;
(ii) Email address;
(iii) Home address;
(iv) Telephone number;
(v) Discipline records;
(vi) Test results;
(vii) Special education data;
(viii) Juvenile dependency records;
(ix) Grades;
(x) Medical or health records;
(xi) Social Security number;
(xii) Biometric information;
(xiii) Socioeconomic information;
(xiv) Political affiliations;
(xv) Religious information;
(xvi) Student identifiers;
(xvii) Search activity, photos, voice recordings; or
(xviii) Geolocation information;
(2)(A) “Operator” means, to the extent that the owner is operating in the capacity defined under this subdivision (a)(2), owner of an internet website, online service, online application, or mobile application with actual knowledge that the website, service, or application is:
(i) Used primarily for public school purposes;
(ii) Designed and marketed for public school purposes; a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-18-109
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 6-18-109. This identifies an authority to review, not proof of applicability.