Nevada Code § 392.040

Enrollment and attendance required for child between 6 and 18 years of age; minimum age required for kindergarten and first grade; waiver from attendance available for child 5 years of age; effect of military transfer of parent of child
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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 6 and 18 years shall
enroll the child in a public school and send the child to the public school for
the full school day 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 August 1 of the school year, or if August 1 does not occur during the
school year, on or before August 1 preceding the school year, may be admitted
to kindergarten at the beginning of that school year, and the childs
enrollment must be counted for purposes of apportionment. If a child is not 5
years of age on or before August 1 of the school year, or if August 1 does not
occur during a school year, on or before August 1 preceding the 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 August 1 of the school
year, or if August 1 does not occur during a school year, on or before August 1
preceding the school year must:
(a) If the child has not completed kindergarten,
be admitted to kindergarten at the beginning of that school year; or
(b) If the child has completed kindergarten, be
admitted to the first grade at the beginning of that school year,
and the
childs enrollment must be counted for purposes of apportionment. If a child is
not 6 years of age on or before August 1 of the school year, or if August 1
does not occur during a school year, on or before August 1 preceding the school
year, the child must not be admitted to the first grade until the beginning of
the school year following the childs 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 5 years of age on or before August 1 of the school year, or if August 1
does not occur during a school year, on or before August 1 preceding the school
year may elect for the child not to enroll in and attend kindergarten 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 the child to the public school for the full school day during all the time
the school is in session. If the board of trustees of a school district has
adopted a policy prescribing a minimum number of days of attendance for pupils
enrolled in kindergarten or first grade pursuant to NRS 392.122 , the school district shall
provide to each parent and legal guardian of a pupil who elects to enroll his
or her child in kindergarten or first grade a written document containing a
copy of that policy and a copy of the policy of the school district concerning
the withdrawal of pupils from kindergarten or first grade. Before the childs
first day of attendance at a school, the parent or legal guardian shall sign a
statement on a form provided by the school district acknowledging or
acknowledge via registration on an Internet website maintained by the school
district that he or she has read and understands the policy concerning
attendance, the child understands the policy concerning attendance and the
parent or legal guardian, as applicable, has read and understands the policy
concerning withdrawal of pupils from kindergarten or first grade. The parent or
legal guardian shall comply with the applicable requirements for attendance. This
requirement for attendance does not apply to any child under the age of 6 years
who has not yet been enrolled or has been formally withdrawn from enrollment in
public school.
6. A pupil who receives services outside
of a public school pursuant to an individualized education program or a plan
developed in accordance with section 504 of the Rehabilitation Act of 1973, 29
U.S.C. 794, shall be deemed to be in attendance at the public school and in
compliance with the requirements for attendance set forth in this section
during the time the pupil is receiving the services and is being transported to
and from the public school to receive those services.
7. Except as otherwise provided in
subsection 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 the child was attending or
would be attending had he or she remained a resident of the other state
regardless of his or her age, unless the board of trustees of the school
district determines that the requirements of this section are being
deliberately circumvented.
8. Pursuant to the provisions of NRS 388F.010 , a child who transfers to a
school in this State from a school outside this State because of the military
transfer of the parent or legal guardian of the child must be admitted to:
(a) The grade, other than kindergarten, the child
was attending or would be attending had he or she remained a resident of the
other state, regardless of the childs age.
(b) Kindergarten, if the child was enrolled in
kindergarten in another state in accordance with the laws of that state,
regardless of the childs age.
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 childs home pursuant to NRS 388.060 .

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