Nevada Homeschool Laws

NOTE: New numbering of laws affecting NV Homeschooling went into effect June of 2016.  NRS 388D.010-070 replace the old numbers: NRS 392.700 and NRS 392.705  However, the wording contained in the homeschool laws has remained EXACTLY the same, only the legal reference numbers have changed and are listed below.  

It is imperative to know the law. Schools, districts, etc might ask for more than what is legally required. If you are familiar with the law, then you can be confident in your rights.  Another important factor in the decision to homeschool a child is to know and understand exactly “Who’s In Charge?” of a child’s education depending on the “education option” the parent chooses under Nevada Law.  This updated chart helps explain.

Click here for a discussion on filing the Notice of Intent to Homeschool (NOI).  You may use either the NV-Dept. of Education form provided by the school district, the NHN NOI Form or a letter containing the required information set forth in NRS 388D.020 & .050.   Districts must give exemptions when a completed form is turned in.

Below you will find the laws governing Homeschooling in Nevada. Please read through and understand your rights. If you have questions after reading this page, please contact  NHN and we will do our best to help.

If you would like an abbreviated, down and dirty explanation of Nevada statute to get you started, please visit our Nevada Homeschooling Quick Start Guide.

Nevada Homeschool Network has worked diligently to create a document that accurately reflects the 2007 homeschool law changes. This document can be used by School Districts and individuals to answer some common questions regarding homeschooling in Nevada. June 2007 Homeschool Memo

In order to participate in classes, extra-curricular activities, sports or special ed services at a public school in Nevada, one must also file a NOIPPA form for each year the child wishes to participate.

NV Homeschoolers are governed by Nevada Revised Statutes.

NRS 126.036 The liberty interest of a parent in the care, custody and management of the parent’s child is a fundamental right.


Compulsory Attendance in a Public School

NRS 392.040 Attendance required for child between 7 and 18 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 to determine placement of certain children.

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 18 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 unless the child has graduated from high school.

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.


Exemptions for compulsory attendance in a Public School

NRS 392.070  Attendance excused for children in private school, homeschooled children and opt-in children. [Parts of this section were replaced in revision in 2015 by NRS 392.072 and 392.074.]  Attendance of a child required by the provisions of NRS 392.040 must be excused when:

      1.  The child is enrolled in a private school pursuant to chapter 394 of NRS;

      2.  A parent of the child chooses to provide education to the child and files a notice of intent to homeschool the child with the superintendent of schools of the school district in which the child resides in accordance with NRS 388D.020; or

      3.  The child is an opt-in child and notice of such has been provided to the school district in which the child resides or the charter school in which the child was previously enrolled, as applicable, in accordance with NRS 388D.110.

      [366:32:1956] — (NRS A 1999, 3316; 2003, 2961; 2005, 2825; 2007, 3035; 2015, 1844)

_______________________________________________________________________

NRS 385.007 Definitions 

3.  “Homeschooled child” means a child who receives instruction at home and who is exempt from compulsory attendance pursuant to NRS 392.070, but does not include an opt-in child.

_______________________________________________________________________

Homeschool Statutes (NRS 388D.010 to 388D.070) effective July 1, 2007; new numbering effective June 1, 2016:

NRS 388D.010  “Parent” defined.  

As used in NRS 388D.010 to 388D.060, inclusive, “parent” means the parent, custodial parent, legal guardian or other person in this State who has control or charge of a child and the legal right to direct the education of the child.

      (Added to NRS by 2007, 3032; A 2011, 3063; 2013, 3283; 2015, 2103)—(Substituted in revision for part of NRS 392.700)

NRS 388D.020  Notice of intent to homeschool; acknowledgement of notification.

      1.  If the parent of a child who is subject to compulsory attendance wishes to homeschool the child, the parent must file with the superintendent of schools of the school district in which the child resides a written notice of intent to homeschool the child. The Department shall develop a standard form for the notice of intent to homeschool. The form must not require any information or assurances that are not otherwise required by this section or other specific statute. The board of trustees of each school district shall, in a timely manner, make only the form developed by the Department available to parents who wish to homeschool their child.

      2.  The notice of intent to homeschool must be filed before beginning to homeschool the child or:

      (a) Not later than 10 days after the child has been formally withdrawn from enrollment in public school; or

      (b) Not later than 30 days after establishing residency in this State.

      3.  The purpose of the notice of intent to homeschool is to inform the school district in which the child resides that the child is exempt from the requirement of compulsory attendance.

      4.  If the name or address of the parent or child as indicated on a notice of intent to homeschool changes, the parent must, not later than 30 days after the change, file a new notice of intent to homeschool with the superintendent of schools of the school district in which the child resides.

      5.  A notice of intent to homeschool must include only the following:

      (a) The full name, age and gender of the child;

      (b) The name and address of each parent filing the notice of intent to homeschool;

      (c) A statement signed and dated by each such parent declaring that the parent has control or charge of the child and the legal right to direct the education of the child, and assumes full responsibility for the education of the child while the child is being homeschooled;

      (d) An educational plan for the child that is prepared pursuant to NRS 388D.050;

      (e) If applicable, the name of the public school in this State which the child most recently attended; and

      (f) An optional statement that the parent may sign which provides:

I expressly prohibit the release of any information contained in this document, including, without limitation, directory information as defined in 20 U.S.C. § 1232g(a)(5)(A), without my prior written consent.

       6.  Each superintendent of schools of a school district shall accept notice of intent to homeschool that is filed with the superintendent pursuant to this section and meets the requirements of subsection 5, and shall not require or request any additional information or assurances from the parent who filed the notice.

      7.  The school district shall provide to a parent who files a notice a written acknowledgment which clearly indicates that the parent has provided notification required by law and that the child is being homeschooled. The written acknowledgment shall be deemed proof of compliance with Nevada’s compulsory school attendance law. The school district shall retain a copy of the written acknowledgment for not less than 15 years. The written acknowledgment may be retained in electronic format.

      (Added to NRS by 2007, 3032; A 2011, 3063; 2013, 3283; 2015, 2103)—(Substituted in revision for part of NRS 392.700)

NRS 388D.030  Release of child’s records.  

The superintendent of schools of a school district shall process a written request for a copy of the records of the school district, or any information contained therein, relating to a child who is being or has been homeschooled not later than 5 days after receiving the request. The superintendent of schools may only release such records or information:

      1.  To a person or entity specified by the parent of the child, or by the child if the child is at least 18 years of age, upon suitable proof of identity of the parent or child; or

      2.  If required by specific statute.

      (Added to NRS by 2007, 3032; A 2011, 3063; 2013, 3283; 2015, 2103)—(Substituted in revision for part of NRS 392.700)

NRS 388D.040  Admittance or entrance to school; participation in examinations.

      1.  If a child who is or was homeschooled seeks admittance or entrance to any school in this State, the school may use only commonly used practices in determining the academic ability, placement or eligibility of the child. If the child enrolls in a charter school, the charter school shall, to the extent practicable, notify the board of trustees of the school district in which the child resides of the child’s enrollment in the charter school. Regardless of whether the charter school provides such notification to the board of trustees, the charter school may count the child who is enrolled for the purposes of the calculation of basic support pursuant to NRS 387.1223. A homeschooled child seeking admittance to public high school must comply with NRS 392.033.

      2.  A school or organization shall not discriminate in any manner against a child who is or was homeschooled.

      3.  Each school district shall allow homeschooled children to participate in all college entrance examinations offered in this State, including, without limitation, the SAT, the ACT, the Preliminary SAT and the National Merit Scholarship Qualifying Test. 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 Internet website of the school district maintained pursuant to NRS 390.015.

      (Added to NRS by 2007, 3032; A 2011, 3063; 2013, 3283; 2015, 2103)—(Substituted in revision for part of NRS 392.700)

NRS 388D.050  Educational plan.

      1.  The parent of a child who is being homeschooled shall prepare an educational plan of instruction for the child in the subject areas of English language arts, 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.

      2.  The educational plan must be included in the notice of intent to homeschool filed pursuant to NRS 388D.020. If the educational plan contains the requirements of NRS 388D.020, the educational plan must not be used in any manner as a basis for denial of a notice of intent to homeschool that is otherwise complete. The parent must be prepared to present the educational plan of instruction and proof of the identity of the child to a court of law if required by the court.

      3.  This section does not require a parent to ensure that each subject area is taught each year that the child is homeschooled.

      (Added to NRS by 2007, 3032; A 2011, 3063; 2013, 3283; 2015, 2103)—(Substituted in revision for part of NRS 392.700)

 NRS 388D.060  Discrimination prohibited.  

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 or her child based on religious preference unless it is:

      1.  Essential to further a compelling governmental interest; and

      2.  The least restrictive means of furthering that compelling governmental interest.

      (Added to NRS by 2007, 3032; A 2011, 3063; 2013, 3283; 2015, 2103)—(Substituted in revision for part of NRS 392.700)

 


NRS 388D.070  Form for participation in programs and activities at public school or through Nevada Interscholastic Activities Association.

      1.  The Department shall develop a standard form for the notice of intent of a homeschooled child to participate in programs and activities. The board of trustees of each school district shall, in a timely manner, make only the form developed by the Department available to parents of homeschooled children.

      2.  The notice developed pursuant to subsection 1 must include the information required in the notice of intent to homeschool pursuant to NRS 388D.020, excluding the educational plan for the homeschooled child.

      3.  If a homeschooled child wishes to participate in classes, activities, programs, sports or interscholastic activities and events at a public school or through a school district, or through the Nevada Interscholastic Activities Association, the parent of the child must file a current notice of intent to participate with the school district in which the child resides.

      (Added to NRS by 2007, 3034)—(Substituted in revision for NRS 392.705)

 


In 1999 homeschool students were authorized to participate in classes and extra-curricular activities in a public school. In the 2003 legislative session NHN brought forth, and won a Sports Bill. It allows for homeschool participation in Public School Sports.  Following are the applicable statutes:

NRS 386.462 Participation by homeschooled children; applicability of provisions to homeschooled children.

  1. A homeschooled child must be allowed to participate in interscholastic activities and events in accordance with the regulations adopted by the Nevada Interscholastic Activities Association pursuant to NRS 386.430 if a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district in which the child resides for the current school year pursuant to NRS 392.705.
  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:
    1. Eligibility and qualifications for participation;
    2. Fees for participation;
    3. Insurance;
    4. Transportation;
    5. Requirements of physical examination;
    6. Responsibilities of participants;
    7. Schedules of events;
    8. Safety and welfare of participants;
    9. Eligibility for awards, trophies and medals;
    10. Conduct of behavior and performance of participants; and
    11. Disciplinary procedures.

(Added to NRS by 2003, 2959; A 2005, 2824; 2007, 3029)

NRS 392.072  Participation of homeschooled children and opt-in children in programs of special education and related services; regulations.

      1.  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 388.417 to 388.469, inclusive, or NRS 388.5251 to 388.5267, 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.

      2.  The programs of special education and related services required by subsection 1 may be offered at a public school or another location that is appropriate.

      3.  The board of trustees of a school district may, before providing programs of special education and related services to a homeschooled child or opt-in child pursuant to subsection 1, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

      4.  The Department shall 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 1.

      5.  As used in this section, “related services” has the meaning ascribed to it in 20 U.S.C. § 1401.

      [366:32:1956] — (NRS A 1999, 3316; 2003, 2961; 2005, 2825; 2007, 3035; 2015, 1844) — (Substituted in revision for part of NRS 392.070)

NRS 392.074  Participation of private school children, homeschooled children and opt-in children in classes and extracurricular activities.

      1.  Except as otherwise provided in subsection 1 of NRS 392.072 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 or opt-in child, the board of trustees of the school district in which the child resides shall authorize the child to participate in any classes and extracurricular activities, excluding sports, at a public school within the school district if:

      (a) Space for the child in the class or extracurricular activity is available;

      (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; and

      (c) If the child is:

             (1) A homeschooled child, a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district for the current school year pursuant to NRS 388D.070; or

             (2) An opt-in child, a notice of intent of an opt-in child to participate in programs and activities is filed for the child with the school district for the current school year pursuant to NRS 388D.140.

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 or opt-in child must be allowed to participate in interscholastic activities and events governed by the Nevada Interscholastic Activities Association pursuant to chapter 385B of NRS and interscholastic activities and events, including sports, pursuant to subsection 3.

      2.  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 1 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 is liable for any damages relating to the denial of services to the pupil.

      3.  In addition to those interscholastic activities and events governed by the Nevada Interscholastic Activities Association pursuant to chapter 385B of NRS, a homeschooled child or opt-in child must be allowed to participate in interscholastic activities and events, including sports, if a notice of intent of a homeschooled child or opt-in child to participate in programs and activities is filed for the child with the school district for the current school year pursuant to NRS 388D.070 or 388D.140, as applicable. A homeschooled child or opt-in child who participates in interscholastic activities and events at a public school pursuant to this subsection must participate within the school district of the child’s residence through the public school which the child is otherwise zoned to attend. Any rules or regulations that apply to pupils enrolled in public schools who participate in interscholastic activities and events, including sports, apply in the same manner to homeschooled children and opt-in 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.

      4.  If a homeschooled child or opt-in child participates in interscholastic activities and events pursuant to subsection 3:

      (a) No challenge may be brought by the Association, a school district, a public school or a private school, a parent or guardian of a pupil enrolled in a public school or a private school, a pupil enrolled in a public school or a private school, or any other entity or person claiming that an interscholastic activity or event is invalid because the homeschooled child or opt-in child is allowed to participate.

      (b) Neither the school district nor a public school may prescribe any regulations, rules, policies, procedures or requirements governing the eligibility or participation of the homeschooled child or opt-in child that are more restrictive than the provisions governing the eligibility and participation of pupils enrolled in public schools.

      5.  The board of trustees of a school district:

      (a) May, before authorizing a homeschooled child or opt-in child to participate in a class or extracurricular activity, excluding sports, pursuant to subsection 1, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

      (b) Shall, before allowing a homeschooled child or opt-in child to participate in interscholastic activities and events governed by the Nevada Interscholastic Activities Association pursuant to chapter 385B of NRS and interscholastic activities and events pursuant to subsection 3, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

      [366:32:1956] — (NRS A 1999, 3316; 2003, 2961; 2005, 2825; 2007, 3035; 2015, 1844) — (Substituted in revision for part of NRS 392.070)