Open Records Decision No. 537
January 3, 1990

	Re:  Whether section 3(a)(21) of the Open Records Act authorizes a college 
district to withhold a copy of an advanced placement exam  (RQ-1701)

Dr. Tom Sewell
Chancellor
San Jacinto College Dist.
4624 Fairmont Parkway
Pasadena, Texas  77504

Dear Dr. Sewell:

	The San Jacinto College District received a request under the Texas Open 
Records Act, article 6252-17a, V.T.C.S., from a former student for a copy of an 
advanced placement examination taken by the student at the college district.  The former 
student, requesting the information through an attorney, seeks a copy of the examination 
"with the correct responses marked in a manner which would . . . distinguish . . . correct 
responses from those given by" the former student.  In other words, the former student 
seeks the key of correct answers to the examination.  A conversation with the district's 
attorney revealed that the district seeks guidance on release of the specific examination 
taken by the student, the correct answer "key," and such examinations in general.  The 
district claims that section 3(a)(22)  of the Open Records Act protects the requested 
information from required public disclosure.  No previous determinations of this office 
have interpreted or applied section 3(a)(22).

	The Open Records Act contains express protection for curriculum objectives and 
test items by protecting from required disclosure

curriculum objectives and test items developed by educational 
institutions that are funded wholly or in part by state revenue and 
test items developed by licensing agencies or governmental bodies.

V.T.C.S. art. 6252-17a, § 3(a)(22).  Section 3(a)(22) clearly protects information such as 
that at issue here, i.e. advanced placement examination questions and answers.  Because 
you have already released a copy of this student's graded examination to him, we do not 
address whether students generally have a special right of access to their examinations.  
See V.T.C.S. art. 6252-17a, §§ 3(a)(14), 14(e); Open Records Decision No. 120 (1976).

SUMMARY

	Section 3(a)(22) of the Open Records Act, article 6252-17a, 
V.T.C.S., provides express authority to a school district to withhold 
from the public copies of examination questions and answer keys.


Very truly yours,

Jim Mattox
Attorney General of Texas

Mary Keller
First Assistant Attorney General

Lou McCreary
Executive Assistant Attorney General

Judge Zollie Steakley
Special Assistant Attorney General

Rick Gilpin
Chairman, Opinion Committee

Jennifer S. Riggs
Chief, Open Government Section
of the Opinion Committee

 Your request letter claims that section 3(a)(21) applies.  As amended in 1987, the Texas Open 
Records Act contained two sections numbered 3(a)(19).  See Acts 1987, 70th Leg., ch. 341, § 1, at 1759; 
id. ch. 1053, § 1, at 3585.  The 71st Legislature corrected this and renumbered section 3(a)(21) as section 
3(a)(22).  See Acts 1989, 71st Leg., ch. 1248, § 9, at 5023.