15-747. Nationally standardized test; exemption
from public record requirements; public viewing


A. Except as provided in subsection B of this section, any nationally standardized
test that is administered to pupils in this state and to pupils in any other states, and
any questions, answers or scoring keys from any such test that appear in any bid,
proposal, contract, documentation or other materials, are exempt from title 39, chapter
1, article 2 if both of the following apply:


1. The test is copyrighted.


2. The test will be deprived of value if the questions or answers become known to
pupils before the administration of the test.


B. The state board of education shall adopt rules that set forth procedures to
allow parents of pupils and the general public to view the nationally standardized
norm-referenced achievement test prescribed by section 15-741. The rules shall include
procedures to prohibit pupils who are required to take the nationally standardized
norm-referenced achievement test from viewing that test before the test is administered
to those pupils. The rules adopted pursuant to this subsection shall prohibit the
duplication or photocopying of the nationally standardized norm-referenced achievement
test. The rules shall prohibit any other activities that would violate the copyright
protection afforded by federal law to the copyright holders of the tests and to the
copyright holders of related testing materials.