Nevada § 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

§ 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

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 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 .