Can I refuse to have my daughter retained in second grade?

My daughter has selective mutism. All that means is she is an extremely shy child. They are retaining her cause she never read in class because of her shyness so they don't know if she can read. She reads at home. Can they retain her even with the no child left behind law? I feel this will impact her shyness further. Can I refuse for her to be retained? We are in nj