North Dakota Department of Public Instruction letterhead image

August 11, 2017

Dear Administrator,

House Bill (HB) 1389 took effect August 1, 2017. This bill creates a new section to chapter 15.1-21 of the North Dakota Century Code (NDCC.) NDCC 15.1-21-08.1. states, “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.”

This code further details, which assessments are, and are not exempt, as well as the process for completing a parental directive. The North Dakota Department of Public Instruction is to provide a form to districts to use in obtaining a parent directive to withhold administration of a student assessment. Attached is the standard form that will be used throughout the state by all school districts. This form must be posted to your district’s website prior to the start of the 2017-2018 school year.

Parents will need to complete an individual form for each student and each assessment from which they wish to be exempt, as well as the school year in which they are requesting exemption. The form is to be completed each year by the parent in order for the student to be exempt in the current school year. School districts are required to retain the form in the student’s file and to compile information for a yearly report, regarding how many directives were received, demographic characteristic breakdowns of students whose parents have requested exemptions, and any loss of funding as a result of parent directives. For additional information, please reference the attached Parental Directive Guidance.

Click here for a link to HB 1389 and here for the NDCC 15.1-21.
If you have questions regarding this form or the administration of it, please contact Rob Bauer at [email protected], Director, Office of Assessment, at (701) 328-2224.
Sincerely,

Rob Bauer, Director
Office of Assessment
Enclosures: Parent Directive Guidance and Parent Directive Form

Download the Parent Directive Letter here.

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

Click here to download the Parental Directive Guidance letter.