1.    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.

Terms Used In North Dakota Code 15.1-21-08.1

2.    In addition to the authority granted under subsection 1, a student’s parent may direct that the school district in which the student is enrolled not administer any other specific test or assessment to the student, except a parental directive under this subsection does not apply to:

a.    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; or

b.    Any test or assessment required by the student’s school district of enrollment or this state for high school graduation.

3.     a.    A parental directive is valid only if it is presented to the school district using a standardized form, prepared by the superintendent of public instruction, and signed by the student’s custodial parent.

b.    A parental directive is valid only until the conclusion of the school year in which it is received by the school district.

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

4.    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.

5.    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.

6.    Each school district shall post the parental directive form on its website and make the form available to a parent, upon request.

7.    At the time and in the manner directed by the superintendent of public instruction, each school district shall provide a report regarding:

a.    The number of parental directives received; b.    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

c.    Any loss of funding stemming from the parental directives.