Test scores for teachers. The question regards on what basis teacher testing scores become available. There appears to be a conflict between acts 76 of 1983 and 693 of 1985 . One act provides for the scores to be released on a county wide basis, and the other on a state wide basis. Answ

STATE OF ARKANSAS EAE. Neer fo OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK (501) 371-2007 ATTORNEY ON NOs 85-128 ‘ June 7, 1985 Hon. Doug Wood State Representative 201 West Broadway P. O. Box 5606 North Little Rock, AR 72119 Dear Representative Wood: This is in response to your Opinion request wherein you posed the following inquiries: 1. Are the test scores of the 25,007 teachers who took the test on March 23, 1985, available under Act 76 of 1983 since it was the only applicable law Ackansas had in force at the time the tests were given and it provided for the release of scores by district? 2. Does Act 693 apply to the March 23, 1985, test even though it contained no retroactive clause and was not "the law of the land" at the time the test was given and taken by 94% of the State’s teachers? 3. When does Act 693 become applicable? {It is noted that the makeup test is scheduled for May 18, 1985, for those who had excused absences for the March 23, 1985, test.) 4, When Act 695 becomes effective on June 28, 1985, does it supersede Act 693 because it was signed last, and thus, will it only allow the release of the test scores statewide? It is the opinion of this office that all of your inquiries are disposed of by the following premise. The law in effect at the time the test scores become available for distribution is controlling. Drawing from this premise, one can conclude that if the test scores in question were to be available prior to the effective date .of Act 695 of 1985, Act 693 of 1985 would control and the reporting should occur on a county basis only. If, however, the test scores are not available until after the effective date of Act 695, then the test scores would be reported only on a statewide basis. Hon. Doug Wood June 7, 1985 Page 2 The foregoing opinion, which I hereby approve, was prepared by C. Randy McNair, III, Assistant Attorney General. Sincerely, WA STEVE \CLARK Attorney General JSC:CRM: jk