Nevada Code § 392.130

Conditions under which pupil deemed truant; authorization for approval of certain absences; notice of unapproved absence to parent or legal guardian; provision of certain information regarding truancy and chronic absenteeism to parent or legal guardian; applicability
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1. Within the meaning of this chapter, a
pupil shall be deemed a truant who is absent from school without the written
approval of the pupils teacher or the principal of the school, unless the
pupil is physically or mentally unable to attend school or is absent from
school for the observance of a religious holiday.
2. Upon the request of a parent or legal
guardian of a pupil, made during the absence or within the 3 days immediately
preceding or the 3 days immediately following the requested absence, a teacher
or principal may give his or her written approval for the pupil to be absent if
an emergency exists, including, without limitation, a medical emergency
concerning a member of his or her family, compliance with a court order, a
funeral or similar event of grieving, a family emergency, temporary
homelessness and a religious observance. A teacher or principal may not approve
absences pursuant to this subsection in excess of 10 percent of the number of
school days in the school year.
3. Before a pupil may attend or otherwise
participate in school activities outside the classroom during regular classroom
hours, the pupil must receive the approval of the teacher or principal.
4. An unapproved absence for at least one
period, or the equivalent of one period for the school, of a school day may be
deemed a truancy for the purposes of this section.
5. If a pupil is physically or mentally
unable to attend school, the parent or legal guardian or other person having
control or charge of the pupil shall notify the teacher or principal of the
school orally or in writing, in accordance with the policy established by the
board of trustees of the school district, within 3 days after the pupil returns
to school.
6. If a pupil will be absent from school
for the observance of a religious holiday, the parent or legal guardian or
other person having control or charge of the pupil shall notify the teacher or
principal of the school in writing, in accordance with the policy established
by the board of trustees of the school district, at least 3 days before the
pupil will be absent from school. An absence for which notice is provided in
accordance with this subsection shall be deemed an approved absence, except
that not more than 5 absences within 1 school year may be approved pursuant to
this subsection.
7. An absence which has not been approved
pursuant to this section shall be deemed an unapproved absence. In the event of
an unapproved absence, the teacher, attendance officer or other school official
shall deliver or cause to be delivered a written or electronic notice of
truancy to the parent, legal guardian or other person having control or charge
of the child. The written or electronic notice must be delivered to the parent,
legal guardian or other person who has control of the child. The written or electronic
notice must inform the parents or legal guardian of such absences in a form
specified by the Department.
8. All approved and unapproved absences
must be counted for the purpose of determining whether a pupil is chronically
absent.
9. The board of trustees of each school
district and the governing body of each charter school and university school
for profoundly gifted pupils shall:
(a) Communicate through various means, in a
format and, to the extent practicable, in a language that parents and legal
guardians can understand, the truancy policy and the definition of chronic
absenteeism adopted by the Department pursuant to NRS 392.150 ; and
(b) Provide a parent or legal guardian of a pupil
notice when the pupil is approaching the limit of 10 percent in the number of
absences that may be approved pursuant to subsection 2.
10. The provisions of this section apply
to all pupils who are required to enroll in and attend school pursuant to NRS 392.040 .
11. For the purposes of collecting the
information required pursuant to NRS
385A.240 on the attendance, truancy and transiency of pupils for the annual
report of accountability prepared pursuant to NRS 385A.070 , an absence that is approved
pursuant to subsection 6 shall not be deemed an absence.
12. As used in this section, physically
or mentally unable to attend does not include a physical or mental condition
for which a pupil is excused pursuant to NRS
392.050 .

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