Opt Out – State Assessment


15.1-21-08.1. Parental directive – Administration of tests and assessments 


A student’s parent may direct the school district in which the student is enrolled not to administer to the student any state test or state assessment required in accordance with section 15.1-21-08.


Procedure for Completing the Parental Directive Process:
1. Each school district shall post the Department of Public Instruction’s Parental Directive form on its website and make the form available to a parent, upon request.
2. The form may be used for the ND State Assessments (Language Arts, Math, and Science), as well as ND Alternate Assessments and local interim assessments. It is the school’s responsibility to inform parents of the interim assessments used. They will need to type this assessment under “other.”


3. The parental directive does not apply to:
• Any test or assessment required by the student’s school district of enrollment or this state for the completion of any grade from kindergarten through twelve;
• Any test or assessment required by the student’s school district of enrollment or the state for high school graduation;
• The ACT; or
• WorkKeys assessments.


4. A parental directive is valid only if it is presented to the school district using the standardized form, prepared by the Department of Public Instruction, and signed by the student’s custodial parent.


5. One form must be completed for each student for each individual assessment. A parental directive is valid only until the conclusion of the school year in which it is received by the school district.


6. A parental directive submitted to a school district in accordance with this section must be retained as part of the student’s educational record.


7. At the time and in the manner directed by the superintendent of public instruction, each school district shall provide a report regarding:• The number of parental directives received;
• The number of parental directives applicable to students who are economically disadvantaged, students from major racial and ethnic groups, students with disabilities, and students with limited English proficiency; and
• Any loss of funding stemming from the parental directives.


8. A school district is not liable for any consequences incurred by a student as a result of a parental directive submitted in accordance with this section.


9. A school district is not required to provide instruction or activities for a student during the administration of any test or assessment referenced in the parental directive submitted by the student’s parent.