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Nevada
home schooling laws and regulations cannot be summarized in a short
informational page or overview. It is incumbent upon
you to perform due diligence in researching and
familiarizing yourself with your state's legal's and
regulations as they pertain to homeschooling. This
information is provided for you to give you a
starting point. This is not intended to be legal
advice and is distributed for basic informational
purposes only. For more information about the laws
and regulations in this state please contact a state
or local support group or your public library.
Nevada law (NRS 392.070) provides for a
waiver of the compulsory attendance laws if the parent or guardian provides
written evidence to the local school district that their child will be
receiving appropriate instruction at home. State regulations (NAC 392.015 -
392.075) describe the requirements for this written evidence. Homeschoolers
are not required by law to use any particular form to provide the written
evidence; however, sample forms are available from homeschooling groups in
Nevada.
Authority: NRS 385.080 and 392.070.
EXEMPTION FROM COMPULSORY ATTENDANCE REGULATIONS
Note 1: While believed to be correct, this is only an
interim document reflecting the proposed changes to NAC 392 as amended
and passed on 12/14/02 by the Nevada State Board of
Education. If errors are found, please notify Frank
Schnorbus, President of the Northern Nevada Home School Advisory Council
(FandR@semp.net or 775-267-4576).
Note 2: Final wording / section designations to be
provided by LCB (Legislative Counsel Bureau).
Note 3: New section numbers to be provided by LCB for
these two sections on this page.
NAC 392 Identification of the child.
1. Each notification of intent to have a child excused
from compulsory attendance at public school on the ground that the child
will be given equivalent instruction must provide:
(a) The full name of the child;
(b) The name of the parent(s); and
(c) The address where the child resides.
2. The initial notification of intent to provide
equivalent instruction outside the public schools shall include proof of
the identity of the child, consisting of the child's birth certificate
or some other document sufficient to establish his identity.
3. No child enrolled in the public school shall be
removed by a parent from public school premises pursuant to an excuse
from compulsory attendance on the grounds that the parent is providing
equivalent instruction outside the public school without proof of the
parent's identity.
NAC 392 School district to provide certain information
to parents:
1. The Nevada Department of Education shall develop
standard Notification of Intent forms,which shall not require any
information or assurances other than those required by law.
2. School districts shall make available to parent(s)
the following items provided by the Department of Education in a timely
manner:
(a) Written notification of PSAT/NMSQT exam
registration and test dates;
(b) Millennium Scholarship Program information; and
(c) The Nevada Department of Education Notification of
Intent forms.
3. Informational documents included in a district home
school packet shall not require/request initials or signature.
4. Upon receipt of the evidence of equivalent
instruction defined in NAC 392.025, the school district shall provide a
written acknowledgement that clearly states that the parents have
provided the notice required by law and that the child is excused from
attendance at the public school for the duration of the school year or
until the Board of Trustees for the county votes to deny the child's
exemption from compulsory attendance, whichever comes first. This
written acknowledgement shall serve as proof of compliance with Nevada's
compulsory attendance law.
NAC 392.011 Definitions.
As used in NAC 392.011 to 392.075, 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, for that school year.
NAC 392.015 Persons qualified to teach equivalent
instruction. A child shall be excused from compulsory attendance at
public school when written evidence is provided to the board of trustees
of the county school district that the child will receive equivalent
instruction and be instructed by any The following:
1. A teacher who possesses a teaching license issued
by the superintendent of public instruction for the grade to be taught;
2. A parent who assumes full responsibility for the
education of the child, who may use other
person(s) to assist in meeting equivalent instruction
as defined in NAC 392.035 and who:
(a) Qualifies for or possesses a license to teach from
any state or territory of the United States; or
(b) Has provided instruction in any state or territory
of the United States for at least one year; or
3. A parent who assumes full responsibility for the
education of the child, in consultation with an experienced educator
(uncompensated or compensated) as defined in NAC 392.025(3);
4. A parent who has enrolled the child in an approved
correspondence program as defined in
NAC 392.011(1).
NAC 392.025 Written evidence of equivalent
instruction.
1. A notification of intent to provide equivalent
instruction by a licensed teacher must consist of:
(a) The identifying information required by NAC 392
Identification of the child;
(b) A calendar of the proposed days of teaching,
including the equivalent of at least 180 days of instruction, as defined
in NAC 387.286(2); and
(c) Evidence that:
(1) The teacher, for grades 9 to 12, inclusive, has a
license to teach secondary
education with an endorsement in at least The
following:
(i) English.
(ii) Language arts.
(iii) Mathematics.
(iv) Social studies.
(v) Any of the physical or natural sciences
(2) For grades 1 to 8, inclusive, the teacher must
have a license to teach elementary education.
2. A notification of intent to provide equivalent
instruction primarily by a parent must consist of:
(a) The identifying information required by NAC 392
Identification of the child;
(b) A statement of the educational plan that includes:
(1) The proposed educational goals for the child as
defined in NAC
392.011(4); or
(2) The instructional materials to be used; and
(c) A statement signed by the parent that declares
that:
(1) The parent assumes full responsibility to provide
equivalent instruction of the kind and amount defined in NAC 392.035;
and
(2) The educational plan will be followed.
3. A notification of intent to provide equivalent
instruction by a parent in consultation with an experienced educator
pursuant to 392.011(2), must consist of:
(a) The identifying information required by NAC 392
Identification of the child;
(b) A statement of the educational plan that includes:
(1) The proposed educational goals for the child as
defined in NAC
392.011(4); or
(2) The instructional materials to be used; and
(c) Evidence that:
(1) The consultant has a license to teach in any state
or territory of the United States; or
(2) The consultant has provided instruction in the
home in any state or
territory of the United States for at least 3 years;
and
(d) A statement signed by the parent which declares
that
(1) The parent assumes full responsibility to provide
equivalent instruction of the kind and amount defined in NAC 392.035;
and
(2) The educational plan will be followed.
4. A notification of intent to provide equivalent
instruction by a parent using an approved correspondence program must
consist of:
(a) The identifying information required by NAC 392
Identification of the child;
(b) Evidence that the child is enrolled in an approved
correspondence program; and
(c) A statement signed by the parent that declares
that the correspondence program will be followed.
NAC 392.035 Kind and amount of equivalent instruction
defined.
1. The kind of instruction to be given a child excused
from compulsory attendance must include instruction in the following:
(a) Core academics:
(1) English, including reading, composition and
writing;
(2) Mathematics;
(3) Science; and
(4) Social Studies, including history, geography,
economics and government.
(b) And to the extent practicable:
(1) The arts;
(2) Computer education and technology;
(3) Health; and
(4) Physical education.
2. The kind of instruction need not comply with the
standards of content and performance established for public schools. All
subject areas do not need to be taught each year and may be taught, as
appropriate, for the age/skill of the child as determined by the parent.
3. The amount of instruction to be given a child
outside the public schools is the equivalent of 180 days of instruction.
NAC 392.055 School district not required to provide or
compensate teacher.
A school district is not required to provide or
compensate a teacher who possesses a teaching license issued by the
superintendent of public instruction for the purposes of subsection 1 of
NAC
392.015.
NAC 392.065 Duration of exemption
Upon receipt by a school district of written evidence
that a child will receive equivalent instruction, the child must be
excused from compulsory attendance for the remainder of the school year.
A grant of an excuse from compulsory attendance at public school is
effective for 1 school year. The board of trustees of the school
district shall grant an excuse from compulsory attendance at public
school for every school year for which the parent demonstrates
compliance with NAC 392.011 to 392.035, inclusive.