The Lincoln County Board of Education (the Board) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act) for access to information relating to an "intellectual assessment" of a student. The student and her parents all signed the request. The Board released some responsive records, but denied access to three records - the answer booklet for the intelligence test, a document entitled "Creativity Measure", and an "information checklist for referral for giftedness assessment" - pursuant to section 11(h) of the Act. The requesters appealed the Board's decision.
