Education law attorney Deborah Stevenson said while there is no statute that says parents can “opt out,” there also is no statute that prohibits it.
“So the law is silent,” she said. “I think the state Department of Education is taking the stance that you tell the parents no they cannot opt out. If they persist, however, then you can let them opt out and just consider the child absent for purposes of testing.”
Below is the communication from the state to local school districts regarding opting your child out of the Standardized Tests.
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http://www.nhregister.com/general-news/20130921/parents-opting-kids-out-of-standardized-testing