State by state template created by UOO, http://unitedoptout.

com
Testing opt-out/Refusal guide for New Hampshire
Form initially completed by United Opt Out Administrator
Updated by United Opt Out NH State Leader, L. Graykin
Contact information (email! scalesian@gmail.com
"ist of #ssessments
The primary state test in NH, ne this year, is the Smarter !alanced assessment, hich is also
"eing used "y o#er $% other states.
$marter %alanced! &rd 'rade ( )th 'rade
Aligned to the &ommon &ore State Standards, renamed the '&ollege and &areer (eady
Standards) in NH, Smarter !alanced is supposed to measure ho ell your child has
learned each su"*ect +reading, riting, and math,. There are no time limits on these
e-ams. The indo .or districts to administer the test is during the last /$ eeks o.
school. Some components ill "e assessed "y computer and others "y people. &ut scores
ill "e determined nationide.
$cience N*C#+! ,
th
- )
th
- and ..
th
grade
0n 1ay, the N2&A3 Science test, hich has "een used .or se#eral years, is to "e
administered in 4
th
, 5
th
, and //
th
grades.
N*#+! ,
th
- )
th
- and/or ./
th
grade
Ne Hampshire also participates annually in the National Assessment o. 2ducational
3rogress +NA23,, knon as the Nation6s (eport &ard, here a small sampling o.
students +.rom grades 4, 5, and7or /$, are tested in se#eral content areas as part o. a
nationally representati#e assessment o. student per.ormance. The results o. these tests are
only reported in aggregate8 indi#idual student per.ormance is not reported or +according
to the coordinators, kept or tracked.
NH-#lt/#CC*$$ for *""
The Ne Hampshire Alternate Assessment, knon as NH9Alt, pro#ides a testing
alternati#e .or students ith se#ere disa"ilities. 2nglish Language Learners take the
A&&2SS .or 2LLs: test each year until they ha#e ac;uired 2nglish Language
pro.iciency. See http<77.education.nh.go#7instruction7assessment7alt=assess7part.htm
.or participation criteria, guidance, and .orms.
Please note that districts may choose to use additional standardized tests. A common
addition is the NWEA Map Skills Assessment.
This is not a legal document. It is for informational purposes only.
Template revised: 6.!.! "ast content update: #.$!.%
State by state template created by UOO, http://unitedoptout.com
$pecial considerations for the abo0e assessments
3lease consider this document .or e-ceptions .or students. Note that all homeschooled students
are e-plicitly gi#en the option to opt out o. all testing, "ut not pu"lic school students.
http<77.education.nh.go#7instruction7assessment7necap7admin7documents7participation=grade
$thru5=$%/$=/>.pd.
+rocedures for opt-out/refusal
No e-plicit procedures .or opting out or re.using can "e .ound on the NH?O2 e"site<
http<77.education.nh.go#7
Hoe#er, homeschooled students may re.use testing.

NH1s 23pt-3ut of 3b4ectionable 5aterial6 "aw
According to ?oris Hohensee +NH @amilies .or 2ducation, &hair,< '0n $%/$ the Ne Hampshire
legislature o#errode the go#ernorAs #eto to enact a la, alloing parents to opt9out
o. o"*ectiona"le material in any pu"lic school. This la could "e used to opt9out o. national
assessments .or &ommon &ore.)
http<77.gencourt.state.nh.us7rsa7html7BC7/5D7/5D9//.htm
NH (SA .)7!.. 8uties of $tate %oard of *ducation9 ( The state "oard o. education
shall, in addition to the duties assigned "y (SA $/9N<//<

0B9c. (e;uire school districts to adopt a policy alloing an e-ception to speci.ic course
material "ased on a parentAs or legal guardianAs determination that the material is
o"*ectiona"le. Such policy shall include a pro#ision re;uiring the parent or legal guardian
to noti.y the school principal or designee in riting o. the speci.ic material to hich they
o"*ect and a pro#ision re;uiring an alternati#e agreed upon "y the school district and the
parent, at the parentAs e-pense, su..icient to ena"le the child to meet state re;uirements
.or education in the particular su"*ect area. The name o. the parent or legal guardian and
any speci.ic reasons disclosed to school o..icials .or the o"*ection to the material shall not
"e pu"lic in.ormation and shall "e e-cluded .rom access under (SA E/9A.
Ca0eats in the law that re:uires public schools to administer the tests
@rom Shana &oppola< &hapter /E>9& +speci.ically, /E>9&<D, o. the State o. NH6s (e#ised
Statutes states that 'each year, a stateide assessment shall "e administered in all school districts
in the state in grades > through 5 and one grade in high school. All pu"lic school students in the
designated grades shall participate in the assessment, unless such student is e-empted, or
pro#ided that the commissioner o. the department o. education may, through an agreement ith
This is not a legal document. It is for informational purposes only.
Template revised: 6.!.! "ast content update: #.$!.%
State by state template created by UOO, http://unitedoptout.com
another state hen such state and Ne Hampshire are parties to an interstate agreement, allo
pupils to participate in that state6s assessment program as an alternati#e to the assessment
re;uired under this chapter.)
Hoe#er, the state6s on e-emption policy states that 'districts must *uggle state re;uirements,
student needs, and parents6 ishes. ?espite a district6s "est e..orts, situations ill arise that
prohi"it the inclusion o. e#ery student. 2-tended a"sence, .amily #acations, signi.icant medical
and emotional issues, and parent re.usals are "ut a .e o. the issues that are not entirely ithin
the district6s control. Students ho do not participate are reported in to di..erent ays on
assessment reports< did not participate .or state appro#ed reasons and did not participate .or other
reasons.) See NH6s on statements on the matter "elo<
$ample language to include in opt-out/refusal
No speci.ic opt out or re.usal pro#isions regarding standardiFed tests can "e .ound. NH is #ery
speci.ic in terms o. ho can apply .or e-emptions. 0n .act, e#en students ho ha#e "een
incarcerated must participate. 3ay close attention to the #arious e-emptions pro#ided a"o#e and
see i. your child ;uali.ies. 0. they do not, you may then ha#e to test the limits o. re.usal in NH.
$ample 3pt 3ut "etter
This is not a legal document. It is for informational purposes only.
Template revised: 6.!.! "ast content update: #.$!.%
State by state template created by UOO, http://unitedoptout.com
Please remember to request that your child's grades, class placement, eligibility for a magnet
school, etc. not be affected by refusal. Also ask that your child be allowed to read/write silently,
work on homework, and/or sit in another non-testing class during testing. !ome students who
ha"e refused tests ha"e been forced to sit in class, without access to books or schoolwork, while
their classmates are testing. #his is why we recommend you make your requests--and get
confirmation--in writing.$ %ake sure that you recei"e written confirmation that your child will
not be &punished& for the refusal. Also ask for written documentation of what your child will be
allowed to do while others are testing. 'e recommend that you email or hand-deli"er your letter
to your child's principal, "ice-principal/s, guidance counselor, and teacher/s. (ased on feedback
we)"e recei"ed, using the term *refuse+ rather than requesting politely that your child be opted
out appears to make a difference in this state.

?ear 99999999999,

Ge are re.using to allo our child, 999999999999999, to take Smarter !alanced assessment, the
Science N2&A3, or any other standardiFed tests. Ge "elie#e that our child6s educational progress
can "est "e measured using her daily school ork and regular classroom testing.
According to the U.S &onstitution, speci.ically the /4th Amendment, e are protected "y our
rights to religious7spiritual .reedom and this .ederal la supersedes state in regard to parental
control o#er one6s child. Under the la, you cannot deny this re.usal.
3arental rights are "roadly protected "y Supreme &ourt decisions +1eyer and 3ierce,, especially
in the area o. education. The Supreme &ourt has repeatedly held that parents posses the
'.undamental right) to 'direct the up"ringing and education o. their children.) @urthermore, the
&ourt declared that 'the child is not the mere creature o. the State< those ho nurture him and
direct his destiny ha#e the right coupled ith the high duty to recogniFe and prepare him .or
additional o"ligations.) +3ierce #. Society o. Sisters, $D5 U.S. H/%, H>49>H, The Supreme &ourt
criticiFed a state legislature .or trying to inter.ere 'ith the poer o. parents to control the
education o. their on.) +1eyer #. Ne"raska, $D$ U.S. >E%, 4%$., ;n 5eyer- the $upreme
Court held that the right of parents to raise their children free from unreasonable state
interferences is one of the unwritten 2liberties6 protected by the 8ue +rocess Clause of the
Fourteenth #mendment9 +$D$ U.S. >EE,. 0n recognition o. "oth the right and responsi"ility o.
parents to control their children6s education, the &ourt has stated, ';t is cardinal with us that
the custody- care and nurture of the child reside first in the parents- whose primary
function and freedom include preparation for the obligations the $tate can neither supply
nor hinder96 (+rince 095assachusetts- &/. U9$9 .<)
Ge "elie#e that a single 'snapshot) test, such as Smarter !alanced, cannot ade;uately assess our
child6s skills. Ge also "elie#e this testing creates undue stress and an-iety8 narros the curricula8
and en.orces a culture o. teaching to the test hich is #oid o. critical, conceptual, and creati#e
thinking. 0t is .or these reasons that 9999999 ill not "e taking the +list tests, this school year. 0
respect.ully re;uest that 99999As class grades, class placement, and eligi"ility to enter the any
charter or other school lottery not "e a..ected "y re.usal o. this test. 3lease contact me at
999999999so e can discuss the alternati#e classork 9999999 ill "e gi#en during test preparation
This is not a legal document. It is for informational purposes only.
Template revised: 6.!.! "ast content update: #.$!.%
State by state template created by UOO, http://unitedoptout.com
and testing. A.ter our phone call, 0 ould also appreciate a ritten acknoledgment o. this email
and our phone call "e sent to my email address, 99999999, or sent home ith my child. 3lease
include #eri.ication that my childAs grades, class placement, and eligi"ility .or charter or other
school lottery, etc. ill not "e a..ected "y this re.usal. 0n addition, please document hich
acti#ities my child ill "e participating in hile his7her .ello students are testing. Thank you
.or your time and consideration.

(espect.ully,
999999999999999999999 +date,
This is not a legal document. It is for informational purposes only.
Template revised: 6.!.! "ast content update: #.$!.%
State by state template created by UOO, http://unitedoptout.com
$tate specific watch-list
NH did apply .or an N&L! ai#er, hich is here< http<77.education.nh.go#7accounta"ility9
system7documents7.le-i"ility9ai#er9re;uest$%/>%H$$.pd.

1ore on NH adoption o. S!A&< http<77.nhpr.org7post7ne9smarter9"alanced9test9ill9ask9
more9students
#dditional or miscellaneous information
&onsider the .olloing in.ormation as NH transitions to &&SS<
http<77.education.nh.go#7instruction7accounta"ility7documents7notice/.pd.
Resources and organi=ations
State representati#e Neal Iurk +(9Geare, has "een skeptical o. data collection and pri#acy "ased
on this legislation< http<77.gencourt.state.nh.us7rsa7html7BC7/E>927/E>929H.htm

&ommon &ore resistance is listed here< http<77.nhpr.org7post7common9core9skeptics9and9
supporters9cut9across9political9"oundaries
Hundreds o. links to articles, #ideos, and "log posts critical o. &ommon &ore and standardiFed
testing can "e .ound here< http<77commoncorecriticisms.ikispaces.com
This is the @ace"ook pro.ile o. Lisa Gra#el, acti#ist noted in the a"o#e report<
https<77..ace"ook.com7lisa.gra#el.>/
,acebook groups-
Stop the &ommon &ore in NH< https<77..ace"ook.com7Stop&ommon&ore0nNH
Opt Out o. StandardiFed Tests in NH< https<77..ace"ook.com7groups7OptOutNeHampshire
The &oppolas, a NH .amily ho success.ully opted out their children in the $%/>9/4 SJ, ha#e
posted a @AKs a"out opting out in this state< http<77mysocalledliteracyli.e.com7$%/47%47/D7/%9
;as9a"out9opting9out7
NH @amilies .or 2ducation http<77.NH@@2.org
0n.o a"out the .ilm !tandardized - .ies %oney and /i"il 0ights- 1ow #esting is 0uining Public
2ducation http<77.standardiFedthe.ilm.com7
This is not a legal document. It is for informational purposes only.
Template revised: 6.!.! "ast content update: #.$!.%