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Nevada Education Code For Homeschooling
This is not intended to be legal advice and is distributed
for information purposes only. Check for updates at your public
library.
UPDATED JULY 2007
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Compulsory attendance - 7 by September 30,
or 17 before that date. NRS 392.040 Attendance required
for child between 7 and 17 years of age; minimum age required
for kindergarten and first grade; waiver from attendance available
for child 6 years of age; developmental screening test required
of certain children to determine placement.
Testing - No. Requirement abolished Sept. 1997.
Substantial changes made July 1, 2007.
Please complete a separate Notice of Intent Form for each child. The form is required for children from ages 7 to 18 only. This is a one-time filing and does not need to be refiled unless the name or address of the parent or child changes, or the child is reentering homeschooling after being enrolled in public school.
Notice of Intent to Homeschool, Withdrawal from Public School, and General Information
- Compulsory attendance of a child in a public school must be excused if the parent chooses to provide education to the child and files a notice of intent to homeschool with the Superintendent of Schools of the school district where the child lives. SB404 no longer requires satisfactory written evidence that the child is receiving equivalent instruction be presented to the board of trustees of a local school district. Rather, requirements for information contained in the notice are now established in law and need only by acknowledged by the Superintendent of Schools where the notice is filed.
SB404 Sec 7 (1b), Sec 5(7)
- The purpose of the notice is to inform the school district that the child is exempt from compulsory attendance. A separate notice of intent to homeschool must be submitted for each homeschooled child.
SB404 Sec 5 (1)&(3), Sec 7 (1b)
- A notice of intent to homeschool must be filed by all Nevada homeschool parents for the upcoming school year, even if they filed last year under the old regulations. In consecutive succeeding years, the notice of intent does not need to be re-filed unless the name or address of the parent or child changes, in which case a new notice must be filed by the parent within 30 days. The reason that all homeschool parents must re-file this year is that the new notice has fields that were not required under the old regulations. The signed declaration assuming full responsibility for the child's education has also changed.
SB404 Sec 5 (1)&(2)&(4)
- SB404 allows parents to submit any notice of intent to homeschool that meets the prescribed requirements in SB404 Sec 5 (5). The Department is required to develop a standard form which does not require any information or assurances beyond the SB404 requirements of Sec 5 (5). The local district shall make only the Department form available to parents, and shall not require or request any additional information or assurances from the parent who files the notice. The Department form, or any other notice of intent to homeschool that meets the requirements of Sec 5 (5), shall be accepted.
SB404 Sec 5 (1)&(6), Sec 5.5 (1)
- The parent must file a notice of intent to homeschool before beginning to homeschool the child, or not later than 10 days after the child has been formally withdrawn from the public school system, or not later than 30 days after establishing residency in Nevada. The parent of any child being homeschooled in Nevada must file a notice of intent to homeschool with the local district.
SB404 Sec 5 (2), Sec 7 (1)
- The parent must submit a notice of intent to homeschool by mail or in person to the office of the Superintendent of Schools. There is no requirement for the parent to go to the local district office or to show the child's birth certificate or other form of identity when submitting a notice of intent to homeschool. The parent is signing that he has control or charge of the child, and the legal right to direct the education of the child.
SB404 Sec 5 (5c), Sec 7 (1)
- A notice of intent to homeschool must include an educational plan of instruction for the child in the subject areas of English, including reading, composition and writing, mathematics, science and social studies, including history, geography, economics and government, as appropriate for the age and level of skill of the child as determined by the parent. SB404 does not specify the contents of the educational plan beyond subject listings. Traditionally an educational plan has consisted of either educational goals (a description of the anticipated kind of instruction, by subject) or a list of instructional materials to be used (items used for instruction including, without limitation, books, library materials, software or a correspondence program) for the upcoming school year. The parent is not required to ensure that each subject area is taught each year. The educational plan must not be used in any manner as a basis for denial of a notice of intent to homeschool if it includes the above requirements. Since the educational plan is part of the notice of intent to homeschool, it must be submitted even if the notice is being submitted just to show an address change.
SB404 Sec 5 (5d)&(12)
- The district shall provide a written acknowledgement to the parent who files a notice of intent to homeschool. The acknowledgment shall clearly indicate that the parent has provided notification required by law and that the child is being homeschooled. The acknowledgement shall be deemed proof of compliance with Nevada's compulsory school attendance law, and the district shall retain a written or electronic copy of the acknowledgement for not less than 15 years. There is no requirement in SB404 for the local school district to retain the notice of intent to homeschool itself for any specified period of time.
SB404 Sec 5 (7), Sec 6
- A written request for a copy of records relating to a homeschooled child, or any information contained therein, must be processed not later than 5 days after receiving the request. Records may only be released to a person or entity if required by a specific statute, or upon suitable proof of identity of the parent (or the child if 18 or over) that is making the request.
SB404 Sec 5 (8)
- The school district shall prohibit the release of any information, including directory information, if the parent has signed the optional statement on the notice of intent to homeschool, unless the parent rescinds the privacy statement at a later date.
SB404 Sec5 (5f)
- No regulation or policy of the State Board, any school district, or any other governmental entity may infringe upon the right of a parent to educate his child based on religious preference unless it is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.
SB404 Sec 5 (13)
- A school or organization shall not discriminate in any manner against a child who is or was homeschooled.
SB404 Sec 5 (10)
- A district shall maintain on its internet website all pertinent information concerning exams available to all children within the district, including dates and times and contact information. Exam information posted must include the high school proficiency exam, the SAT, and the PSAT/NMSQT. Each school district shall ensure that the homeschooled children who reside in the school district have adequate notice of the availability of information concerning such examinations on the district's internet website.
SB404 Sec 4, Sec 5 (11)
- Districts shall allow homeschooled children to take the state High School Proficiency Exam. Homeshcooled children are eligible for the Millennium Scholarship. Districts shall also allow homeschooled children to take any college entrance exams offiered in the State, including the SAT, and ACT and the PSAT/NMSQT Exam. Homeschooled children are eligible for the National Merit Scholarship. Tests shall be administered in the manner intended by the person or entity that created the examination, and irregularitites are to be reported in accordance with NRS 389.600 ' 389.648.
SB404 Sec 5 (11), NRS 396.930 (3)
- A child who has been expelled from a public school may be allowed to enroll in a public school program pursuant to NRS 392.466 and 392.4675, which includes alternative schools, independent study and distance education. The parent also has the option to homeschool the child or send the child to a private school. It also does not prohibit a pupil who is suspended or expelled from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if he is accepted for enrollment by the charter school pursuant to NRS 386.580.
Related Documents
2007 Homeschool Information - Table of Contents
2007 Homeschool Information
Notice of Intent to Homeschool
Notice if Intent of Homeschooled Child to Participate
Other resources for this law
Nevada Homeschooling Laws
From NHN. Resource for updated code, July 2007.
Nevada State Education Code
NRS 392.070 Child receiving equivalent, approved instruction
is exempt from compulsory attendance; provision by school district
of class, special education program or certain extracurricular
activity to pupil enrolled in private school or to homeschooled
child.
Return to Nevada homeschooling
information.
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