1. (a)

   1. (1) Test scores and results of individual test takers are confidential information.
   2. (2) An individual’s scores will be reported to educational institutions, adult education teachers, military recruiters, employers, correctional facilities, and others only for test takers who have submitted requests to that effect.
   3. (3) Because some test takers do not wish their credential award to be a matter of public record, names of credential recipients should not be released until individuals have permission to do so.
   4. (4) The fact that a person has or has not taken the GED® test should also be treated as confidential.

2. (b)

   1. (1) Confidential information should only be released after:

      1. (A) An individual has made a request; and
      2. (B) The test taker in question understands that he or she may choose not to allow the release of said confidential information.
   2. (2) According to the Family Educational Rights and Privacy Act of 1974, enacted as Section 438 of the General Education Provisions Act, 20 U.S.C. § 1232g, student information that is considered private may not be shared with anyone who is not designated on a release of confidential information.

3. (c)

   1. (1) Each institution or GED® Testing Center™ must establish what information can be released based on the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq. and the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g.

   2. (2)

      1. (A) Information that can be released is:

4. (i) Directory information; and

   1. (ii) Regarded as information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed.

      1. (B) It includes, but is not limited to, the student’s:

         1. (i) Name;
         2. (ii) Address;
         3. (iii) Telephone listing;
         4. (iv) Date and place of birth;
         5. (v) Dates of attendance; and
         6. (vi) Most recent previous educational agency or institution attended.
      2. (C) Local programs must adhere to their affiliated institution’s policy for directory information.
      3. (D) Furthermore, each test taker must sign a release that verifies their knowledge that the institution can release directory information.

Codification Notes: "GED®" means General Educational Development test. This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "EFFECTIVE DATE: January 1, 2014 FOR FURTHER INFORMATION: GED® Administrator™, GED® Testing Office (501)682-1980"