BY JIM SIEGEL
THE COLUMBUS DISPATCH

The Ohio Supreme Court today sided with the Cincinnati Public School officials who argued that annual semester exams given to all ninth-graders are not public records subject to disclosure.

In a 5-2 decision, the court said the tests fall within an exemption to public records law for trade secrets. School attorneys argued that allowing public access to the tests could induce cheating and cost the district more than $270,000 each year to replace questions on the test, making it unaffordable.

"Ordering disclosure of the semester exams would open the door for students to have access to these tests as well, undermining the tests' effectiveness in measuring student ability if the test is given in the future," Justice Judith Ann Lanzinger wrote for the majority.