Section 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; applicability1. Within the meaning of this chapter, a pupil shall be deemed a truant who is absent from school without the written approval of the pupil's 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.[372:32:1956]-(NRS A 1985, 2168; 1987, 158; 1997, 2835; 1999, 3456; 2007, 1082, 2181; 2023, 474, 1212, effective July 1, 2024)Amended by 2023, Ch. 206,§20, eff. 7/1/2023.Amended by 2023, Ch. 95,§6, eff. 1/1/2024.[372:32:1956] - (NRS A 1985, 2168; 1987, 158; 1997, 2835; 1999, 3456; 2007, 1082, 2181)