NRS 392.122 Minimum attendance requirements; notice and opportunity for parent or legal guardian to review absences before credit or promotion is denied; appeals; exceptions for observance of religious holiday; information to parents concerning duty to comply.

553 words·~3 min read·/nv/chapter-392-pupils/392-122

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Except as otherwise provided in NRS 389.320 , the board of trustees of each school district shall prescribe a minimum number of days that a pupil who is subject to compulsory enrollment and attendance and enrolled in a school in the district must be in attendance for the pupil to obtain credit or to be promoted to the next higher grade. The board of trustees of a school district may adopt a policy prescribing:

(a)A minimum number of days that a pupil who is enrolled in kindergarten or first grade in the school district must be in attendance for the pupil to obtain credit or to be promoted to the next higher grade.

(b)The circumstances under which a pupil will be considered chronically absent by the Department.

2. Before a pupil is denied credit or promotion to the next higher grade for failure to comply with the attendance requirements prescribed pursuant to subsection 1, the principal of the school in which the pupil is enrolled or the principal’s designee shall provide written notice of the intended denial to the parent or legal guardian of the pupil. The notice must include a statement indicating that the pupil and the pupil’s parent or legal guardian may request a review of the absences of the pupil and a statement of the procedure for requesting such a review.

Upon the request for a review by the pupil and the pupil’s parent or legal guardian, the parent or legal guardian may present the principal or the principal’s designee with documentation that the pupil has complied with the attendance requirements prescribed pursuant to subsection 1 by attending school, either in person or through an alternative program of education or a program of distance education approved by the Department. If the documentation is accurate and the principal or principal’s designee finds that any absence of the pupil was entered in error, the error must be corrected and the absences of the pupil must be recalculated for the purposes of determining whether the pupil may obtain credit or be promoted to the next higher grade.

3. A pupil and the pupil’s parent or legal guardian may appeal a decision of a principal or the principal’s designee pursuant to subsection 2 to the board of trustees of the school district in which the pupil is enrolled.

4. For the purposes of this section, the days on which a pupil is not in attendance because the pupil is absent for the observance of a religious holiday must be credited towards the required days of attendance if the absence was approved pursuant to subsection 6 of NRS 392.130 and the pupil has completed course-work requirements.

5. A school shall inform the parents or legal guardian of each pupil who is enrolled in the school that the parents or legal guardian and the pupil are required to comply with the provisions governing the enrollment, attendance and truancy of pupils set forth in NRS 392.040 to 392.160 , inclusive, and any other rules concerning attendance and truancy adopted by the board of trustees of the school district.