Nevada Administrative Code
Exemption From Compulsory Attendance
NAC 392.011 Definitions. (NRS 385.070) 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 recognized by
the United States Secretary of Education and 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 educators
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" includes the parent and legal guardian of a child.
(Added to NAC by Bd. Of Education, eff. 12-10-92; A by R109-97, 12-10-97)
NAC 392.015 Persons qualified to teach equivalent instruction. (NRS 385.080, 392.070) A child
must 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 one of the following:
1. By a teacher, other than the parent, who possesses a teaching license issued by the
superintendent of public instruction for the grade to be taught.
2. By the parent, when the parent qualifies for or possesses a teaching license from any
state or territory of the United States for the grade to be taught.
3. By the parent, in consultation with a person who:
(a) Possesses a teaching license issued by the superintendent of public instruction for
the grade to be taught; or
(b) Has provided instruction in the home in any state or territory of the United States for
at least three years.
4. By the parent, when the child is enrolled in an approved correspondence program.
5. By the parent, when the parent has received a waiver under NAC 392.075.
(Added to NAC Bd. Of Education, eff. 7-2-84: A 12-10-92: R109-97,
12-10-97)
NAC 392.025 Contents of request for exemption: requirements for teachers of equivalent
instruction in elementary and secondary education. (NRS 385.080, 392.070)
1. The request to have a child excused from compulsory attendance at public school on the
ground that the child will be given equivalent instruction outside the school must
include:
(a) A statement about the person who will teach the child and where the instruction will
take place;
(b) A statement of the educational plan that includes:
(1) The proposed educational goals for the child; and
(2) The instructional materials to be used;
(c) A calendar of the proposed days of teaching, including at least 180 days of
instruction of appropriate length;
(d) Evidence that:
(1) The teacher, when he is the parent, has a license to teach issued by the
superintendent of public instruction for the grade to be taught;
(2) The parent qualifies for or possesses a license to teach from any state or
territory of the United States for the grade to be taught;
(3) The consultant has:
(I) A license to teach issued by the superintendent of public instruction for the
grade to be taught; or
(II) Provided instruction in the home in any state or territory of the United
States for at least three years;
(4) The child is enrolled in an approved correspondence program; or
(5) The parent has received a waiver under NAC 392.075;
(e) Upon initial application, proof of the identity of the child, consisting of
his birth certificate or some other document sufficient to establish his
identity; and
(f) A statement signed by the parent which declares that:
(1) The educational plan will be followed: and
(2) The parent assumes full responsibility to provide equivalent instruction
to the child.
2. For the purposes of subsection 1 of NAC 392.015:
(a) For grades 9 to 12, inclusive, the teacher must have a license to teach secondary
education with an endorsement in at least one of the following:
(1) English.
(2) Language Arts.
(3) Mathematics.
(4) Social Studies.
(5) Any of the physical or natural sciences.
(b) For grades 1 to 8, inclusive, the teacher must have a license to teach
elementary education.
(Added to NAC by Bd. Of Education, eff. 7-2-84: A 3-10-89: 9-19-90:
12-10-92: R109-97, 12-10-97)
NAC 392.035 Required courses and period of instruction.
1. To constitute equivalent instruction, the instruction to be given a child outside the
public schools must include instruction in the courses of study prescribed by the state
board of education pursuant to NRS 385.110.
2. The minimum period of instruction which must be provided to the child on each day of
instruction is the appropriate period specified in NAC 387.131.
(Added to NAC by Bd. Of Education, eff. 7-2-84; A 12-10-92)
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.
(Added to NAC by BD, of Education, eff. 7-2-84; A 12-10-92)
NAC 392.065 Duration of exemption. (NRS 385.080, 392.070) 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.
(Added to NAC by Bd. Of Education, eff. 7-2-84; A 3-10-89; 9-15-89; 9-19-90;
12-10-92; 10-8-93, eff. 9-1-94; 11-17-95; R109-97, 12-10-97)
NAC 392.075 Waiver of requirement of consultant. (NRS 385.080, 392.070) The board of trustees
of a county school district must waive the requirement for a consultant, set forth
in subsection 3 of NAC 392.015, after 1 year. The waiver will apply of other
children in the family are excused at a later date from compulsory attendance of
public school.
(Added to NAC by Bd. Of Education, eff. 7-2-84; A by R109-97, 12-10-97)
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