NAC 392 regulation changes approved by the Nevada State Board of Education on 10/23/04 and 12/4/04, “unofficial version”.

Answers to some of the most common questions about homeschooling in Nevada.

Short FAQ with some commonly asked questions about homeschooling in Nevada.

The Home School Legal Defense Association provides a brief summary of the homeschooling laws in Nevada. Includes a link to a legal analysis of laws relating to homeschooling in Nevada.

Nevada Homeschool Network offers this summary of the current laws regulating home education.

The Nevada Department of Education provides this website with some basic information about home schooling.

Find the laws pertaining to home education for all 50 states and U.S. territories.

A grant of an exemption from compulsory attendance at public school is effective for 1 school year. The board of trustees of the school district shall grant an exemption from compulsory attendance at public school for every school year for which the parent demonstrates compliance with NAC 392.011 to 392.065, inclusive.

1. Attendance required by the provisions of NRS 392.040 must be excused when satisfactory written evidence is presented to the board of trustees of the school district in which the child resides that the child is receiving at home or in some other school equivalent instruction of the kind and amount approved by the State Board. 2. The board of trustees of each school district shall provide programs of special education and related services for homeschooled children. The programs of special education and related services required by this section must be made available: (a) Only if a child would otherwise be eligible for participation in programs of special education and related services pursuant to NRS 388.440 to 388.520, inclusive; (b) In the same manner that the board of trustees provides, as required by 20 U.S.C. § 1412, for the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians; and (c) In accordance with the same requirements set forth in 20 U.S.C. § 1412 which relate to the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians. 3. Except as otherwise provided in subsection 2 for programs of special education and related services, upon the request of a parent or legal guardian of a child who is enrolled in a private school or a parent or legal guardian of a homeschooled child, the board of trustees of the school district in which the child resides shall authorize the child to participate in a class that is not available to the child at the private school or home school or participate in an extracurricular activity, excluding sports, at a public school within the school district if: (a) Space for the child in the class or extracurricular activity is available; and (b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the child is qualified to participate in the class or extracurricular activity. Ê If the board of trustees of a school district authorizes a child to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the child to attend the class or activity. A homeschooled child must be allowed to participate in interscholastic activities and events pursuant to NRS 386.420 to 386.470, inclusive. 4. The board of trustees of a school district may revoke its approval for a pupil to participate in a class or extracurricular activity at a public school pursuant to subsection 3 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees. If the board of trustees revokes its approval, neither the board of trustees nor the public school are liable for any damages relating to the denial of services to the pupil. 5. The programs of special education and related services required by subsection 2 may be offered at a public school or another location that is appropriate. 6. The Department may adopt such regulations as are necessary for the boards of trustees of school districts to provide the programs of special education and related services required by subsection 2. 7. As used in this section, “related services” has the meaning ascribed to it in 20 U.S.C. § 1401(22).

1. To constitute equivalent instruction, the kind of instruction to be given a child outside the public schools must include instruction in: (a) The core academic subjects of: (1) English, including reading, composition and writing; (2) Mathematics; (3) Science; and (4) Social studies, including history, geography, economics and government. (b) To the extent practicable: (1) The arts; (2) Computer education and technology; (3) Health; and (4) Physical education. 2. The subject areas listed in subsection 1 may be taught as the parent determines is appropriate for the age and level of skill of his child. The parent is not required to ensure that each subject area is taught each year that the child is exempt from compulsory attendance. 3. The instruction required by subsection 1 does not need to comply with the standards of content and performance adopted by the State Board of Education pursuant to NRS 389.520. 4. The minimum amount of instruction that a child who is exempt from compulsory attendance must receive in 1 school year is the equivalent of 180 days of instruction.

A school district is not required to provide or compensate a teacher, parent or experienced educator who possesses a teaching license issued by the Superintendent of Public Instruction and who provides instruction to or consults with the instruction of a child who is exempt from compulsory attendance pursuant to NAC 392.011 to 392.065, inclusive.

As used in NAC 392.011 to 392.065, inclusive, unless the context otherwise requires: 1. “Approved correspondence program” means a program provided by: (a) A member of a national or regional accrediting association which is accredited for elementary or secondary education; (b) A public school in Nevada offering correspondence study at the elementary or secondary level, or both; or (c) A private correspondence school which is licensed by the State Board of Education pursuant to the provisions of chapter 394 of NRS. 2. “Consultation” means: (a) Participation by the consultant in the preparation of the educational plan for the child; (b) Participation by the consultant in the development or review of the subjects to be taught; and (c) Consultation with the parent about any learning problems which may occur. 3. “Parent” means the parent or legal guardian of a child. 4. “Proposed educational goals” means a description of the anticipated kind of instruction, by subject, that will be provided for 1 school year.

1. The Department of Education shall develop a standard form for the notification of intent to exempt a child from compulsory attendance. The form must not require any information or assurances that are not otherwise required pursuant to statute or regulation. 2. The board of trustees of each school district shall, in a timely manner, make only the form developed by the Department of Education available to parents.

1. Except as otherwise provided in subsections 2 and 3, the State Board shall prescribe and cause to be enforced the courses of study for the public schools of this state. The courses of study prescribed and enforced by the State Board must comply with the standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520. 2. For those courses of study prescribed by the State Board: (a) High schools may have modified courses of study, subject to the approval of the State Board; and (b) Any high school offering courses normally accredited as being beyond the level of the 12th grade shall, before offering such courses, have them approved by the State Board. 3. A charter school is not required to offer the courses of study prescribed by the State Board except for those courses of study which are required for promotion to the next grade or graduation from high school.

In addition to the requirements of NAC 392.024, if a child will receive equivalent instruction from a licensed teacher, the notification of intent to exempt the child from compulsory attendance must include: 1. A calendar of the proposed days on which the child will receive instruction from the licensed teacher, as calculated pursuant to subsection 2 of NAC 387.286, which must include the equivalent of at least 180 days of instruction; 2. For grades 1 to 8, inclusive, evidence that the teacher holds a valid license to teach elementary education issued by the Superintendent of Public Instruction; and 3. For grades 9 to 12, inclusive, evidence that the teacher holds a valid license to teach secondary education issued by the Superintendent of Public Instruction with an endorsement in at least one of the following: (a) English. (b) Language arts. (c) Mathematics. (d) Social studies. (e) A physical or natural science.

1. The board of trustees of each school district shall make available in a timely manner to each parent of a child who is exempt from compulsory attendance pursuant to NAC 392.011 to 392.065, inclusive: (a) Written notice of the registration dates and examination dates for the Preliminary Scholastic Aptitude Test/National Merit Scholarship Qualifying Test; and (b) Information regarding the millennium scholarship program set forth in NRS 396.911 to 396.938, inclusive. 2. Any information or documents provided to a parent of a child who is exempt from compulsory attendance must not require or request the signature or initials of the parent. 2. A pupil who is allowed to attend a school outside the school district in which his residence is located pursuant to this section must remain in that school for the full school year. 3. The school district which pays the additional costs of transporting a pupil pursuant to this section to a school outside the school district in which his residence is located is entitled to be reimbursed for those costs. Such additional costs must be paid from the State Distributive School Account in the State General Fund. 4. The provisions of this section do not apply to a pupil who: (a) Is ineligible to attend public school pursuant to NRS 392.4675; or (b) Resides on an Indian reservation pursuant to an order issued by a court of competent jurisdiction in another state adjudging the pupil to be delinquent and committing him to the custody of a public or private institution or agency in this state.

1. Each notification of intent to exempt a child from compulsory attendance must include: (a) The full name of the child; (b) The name of the parent of the child; (c) The address where the child resides; (d) The birth date of the child; (e) Evidence that the child will receive equivalent instruction as prescribed by NAC 392.035 from a: (1) Teacher who satisfies the requirements of subsection 2 or 3 of NAC 392.026, as applicable; (2) Parent who satisfies the requirements of subsection 2 of NAC 392.028; (3) Parent in consultation with an experienced educator who satisfies the requirements of NAC 392.031; or (4) Parent through an approved correspondence program; and (f) The information contained in NAC 392.026, 392.028, 392.031 or 392.033, as applicable. 2. Upon initial filing, the notification of intent must be accompanied by proof of the identity of the child, consisting of the child’s birth certificate or some other document sufficient to establish the child’s identity.

1. The board of trustees of a school district in which a child resides shall exempt the child from compulsory attendance at a public school if the parent of the child files with the school district a notification of intent to exempt the child from compulsory attendance that complies with NAC 392.024 and NAC 392.026, 392.028, 392.031 or 392.033, as applicable. 2. Upon receipt of a notification of intent that is complete and complies with the requirements of subsection 1, the school district shall provide to the parent who filed the notification a written acknowledgment which clearly indicates that the parent has provided the notification required by law and that the child is exempt from compulsory attendance at the public school he is otherwise required to attend for the duration of the school year or until the board of trustees determines that the child’s exemption is no longer valid, whichever occurs first. The written acknowledgment shall be deemed proof of compliance with Nevada’s compulsory attendance laws.

1. Except as otherwise provided by law, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of any child between the ages of 7 and 17 years shall send the child to a public school during all the time the public school is in session in the school district in which the child resides. 2. A child who is 5 years of age on or before September 30 of a school year may be admitted to kindergarten at the beginning of that school year, and his enrollment must be counted for purposes of apportionment. If a child is not 5 years of age on or before September 30 of a school year, the child must not be admitted to kindergarten. 3. Except as otherwise provided in subsection 4, a child who is 6 years of age on or before September 30 of a school year must: (a) If he has not completed kindergarten, be admitted to kindergarten at the beginning of that school year; or (b) If he has completed kindergarten, be admitted to the first grade at the beginning of that school year, Ê and his enrollment must be counted for purposes of apportionment. If a child is not 6 years of age on or before September 30 of a school year, the child must not be admitted to the first grade until the beginning of the school year following his sixth birthday. 4. The parents, custodial parent, guardian or other person within the State of Nevada having control or charge of a child who is 6 years of age on or before September 30 of a school year may elect for the child not to attend kindergarten or the first grade during that year. The parents, custodial parent, guardian or other person who makes such an election shall file with the board of trustees of the appropriate school district a waiver in a form prescribed by the board. 5. Whenever a child who is 6 years of age is enrolled in a public school, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of the child shall send him to the public school during all the time the school is in session. This requirement for attendance does not apply to any child under the age of 7 years who has not yet been enrolled or has been formally withdrawn from enrollment in public school. 6. A child who is 7 years of age on or before September 30 of a school year must: (a) If he has completed kindergarten and the first grade, be admitted to the second grade. (b) If he has completed kindergarten, be admitted to the first grade. (c) If the parents, custodial parent, guardian or other person in the State of Nevada having control or charge of the child waived the child’s attendance from kindergarten pursuant to subsection 4, undergo an assessment by the district pursuant to subsection 7 to determine whether the child is prepared developmentally to be admitted to the first grade. If the district determines that the child is prepared developmentally, he must be admitted to the first grade. If the district determines that the child is not so prepared, he must be admitted to kindergarten. Ê The enrollment of any child pursuant to this subsection must be counted for apportionment purposes. 7. Each school district shall prepare and administer before the beginning of each school year a developmental screening test to a child: (a) Who is 7 years of age on or before September 30 of the next school year; and (b) Whose parents waived his attendance from kindergarten pursuant to subsection 4, Ê to determine whether the child is prepared developmentally to be admitted to the first grade. The results of the test must be made available to the parents, custodial parent, guardian or other person within the State of Nevada having control or charge of the child. 8. A child who becomes a resident of this state after completing kindergarten or beginning first grade in another state in accordance with the laws of that state may be admitted to the grade he was attending or would be attending had he remained a resident of the other state regardless of his age, unless the board of trustees of the school district determines that the requirements of this section are being deliberately circumvented. 9. As used in this section, “kindergarten” includes: (a) A kindergarten established by the board of trustees of a school district pursuant to NRS 388.060; (b) A kindergarten established by the governing body of a charter school; and (c) An authorized program of instruction for kindergarten offered in a child’s home pursuant to NRS 388.060.

1. A homeschooled child must be allowed to participate in interscholastic activities and events in accordance with the regulations adopted by the association pursuant to NRS 386.430. 2. The provisions of NRS 386.420 to 386.470, inclusive, and the regulations adopted pursuant thereto that apply to pupils enrolled in public schools who participate in interscholastic activities and events apply in the same manner to homeschooled children who participate in interscholastic activities and events, including, without limitation, provisions governing: (a) Eligibility and qualifications for participation; (b) Fees for participation; (c) Insurance; (d) Transportation; (e) Requirements of physical examination; (f) Responsibilities of participants; (g) Schedules of events; (h) Safety and welfare of participants; (i) Eligibility for awards, trophies and medals; (j) Conduct of behavior and performance of participants; and (k) Disciplinary procedures.

In Pierce v. Society of the Sisters, the U.S. Supreme Court ruled that "the fundamental theory of liberty upon which all governments of this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the creature of the state."

A pocket guide to general information about Nevada's public education system. Published by the Nevada Department of Education.