FYI, the correct legal term that districts and states use is "refusal" and not "opt-out." From the Mrs Mom Blog (in case you didn't know what the Supreme Court has to say on this subject): Until last year, I, along with most parents, did not realize that parents have the right to refuse state testing on behalf of their children. Parents have the right to refuse . There is no provision that allows for the opting out of state assessments, however according to parents’ federal constitutional rights: "The Supreme Court has repeatedly held that parents possess the “fundamental right” to “direct the upbringing and education of their children.” The Court also declared that “the child is not the mere creature of the State: those who nurture him and direct his destiny have the right coupled with the high duty to recognize and prepare him for additional obligations.” (Pierce v. Society of Sisters, 268 U.S. 510, 534-35) The Supreme Court criticized ...