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The Home School Court Report
VOLUME XVIII, NUMBER 4
- disclaimer -
JULY / AUGUST 2002
Cover
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North Dakota
DPI imposes unauthorized testing

According to a letter dated March 1, 2002, from Jean Newborg, testing coordinator for the North Dakota Department of Public Instruction, students in a home education program whose parents choose a standardized achievement test used by the local school district must also take the State Assessment Supplement. In responding to this erroneous information affecting our member families in North Dakota, Home School Legal Defense Association Attorney Dewitt Black wrote Newborg a letter providing her with accurate information.

North Dakota Century Code § 15.1-23-09 states that each child receiving home education must take a "standardized achievement test used by the school district in which the child resides or, if requested by the parent, . . . a nationally normed standardized achievement test." One of the tests being used in North Dakota school districts is the Terra Nova, second edition (California Achievement Test [CAT]). After Black conferred by telephone with CTB/McGraw-Hill, the publisher of this test, he was advised that it is the most recent edition of the CAT, a nationally normed standardized achievement test. North Dakota has elected to supplement this test with an additional examination known as the State Assessment Supplement. These are two different test instruments. Therefore, parents may choose only the Terra Nova, second edition (CAT), if they want to have their children take "a standardized achievement test used by the school district." They do not have to include any additional tests such as the State Assessment Supplement.

According to the information provided on DPI's website, the State Assessment Supplement is designed "for a complete coverage of all North Dakota standards." Testing for these content standards do not apply to students in a home education program. NDCC § 15.1-21-08 requires the superintendent of public instruction to administer to "public" school students a test that is aligned to the state content standards in reading and mathematics. No such requirement exists for students receiving home instruction.

HSLDA member families encountering difficulties with public school officials over the extent of testing required by state law should contact us for assistance.

Dewitt T. Black

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