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House Bill 1389 took effect August 1, 2017, creating 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.”
If you choose to exempt your children from North Dakota's state tests or assessments, please observe
the following procedure:
1. The Department of Public Instruction’s Parental Directive Form is available here, as well as in the
Bishop Ryan school offices, upon parent 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.