Section 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 child1. 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 child's 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 child's 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 child's 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 child's 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 child's age.(b) Kindergarten, if the child was enrolled in kindergarten in another state in accordance with the laws of that state, regardless of the child's 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 child's home pursuant to NRS 388.060.[363:32:1956]-(NRS A 1957, 304; 1971, 170; 1975, 49; 1979, 818; 1989, 217; 1997, 1724; 2001, 3163; 2005, 520; 2007, 1080, 2179; 2009, 2620; 2021, 1027; 2023, 1084, 1086, 1207, effective July 1, 2024)Amended by 2023, Ch. 206,§13, eff. 7/1/2023.Amended by 2023, Ch. 182,§12.3, eff. 7/1/2024.Amended by 2023, Ch. 182,§12, eff. 7/1/2023.Amended by 2021, Ch. 221,§1, eff. 7/1/2022.[363:32:1956] - (NRS A 1957, 304; 1971, 170; 1975, 49; 1979, 818; 1989, 217; 1997, 1724; 2001, 3163; 2005, 520; 2007, 1080, 2179; 2009, 2620) See 2023, Ch. 182, §15.7. See 2023, Ch. 182, §15.5.