Private School Regulation Nevada
Registration/Licensing/Accreditation: Compulsory attendance
at a public school is excused when written evidence is presented to the
local school district board of trustees that the child is receiving equivalent
instruction, in kind and amount, in some other school. Nev. Rev. Stat. § 392.070.
Under the Private Elementary and Secondary Education Authorization Act,
private schools must be licensed according to minimum criteria established
by the Board of Education. The criteria must be sufficient to effectuate
the purpose of the Act but not unreasonably hinder legitimate educational
innovation. The minimum standards ensure that the quality and content of
instruction achieves the stated objective of the program; the school has
adequate space, equipment, instructional materials and personnel to provide
good quality education; the school complies with health and safety regulations;
and, the institution is financially sound and capable of fulfilling its
commitments. (See § 394.241 for itemized list.) Accreditation by national
or regional accrediting agencies recognized by the United States Office
of Education may be accepted as evidence of compliance with the minimum
standards. License application fees are $300; renewal fees are $250. Schools
applying for a license must file a surety bond for not less than $5,000
or a certificate of deposit for the same amount to provide indemnification
for anyone suffering damage from the school resulting from a violation
of the Act. Documents of indebtedness for tuition payments are governed
by state statute. Authorization may be given for a term of not more than
four years. The Superintendent of Public Instruction maintains a list of
private elementary and secondary schools authorized to operate in the state
and investigates complaints brought against the schools. Nev. Rev. Stat. §§ 394.221;
394.231; 394.241; 394.271; 394.331; 394.351; 394.590.
Fraternal or benevolent institutions may claim an exemption to the provisions
of the Private Elementary and Secondary Education Authorization Act if
(a) the instruction is not operated for profit and (b) if they offer instruction only to
their members or immediate relatives. Institutions claiming an exemption
must file with the Board of Education the exemption on forms provided by
the Department of Education or in a letter containing the required information.
The exemption expires 2 years after the last day of the calendar month
in which the filing is made. Nev. Rev. Stat. § 394.211.
The application process for a license is governed by state statute. Nev.
Rev. Stat. § 394.251. Agents representing private schools are also
governed by statute and must obtain a permit. Nev. Rev. Stat. § 394.261.
The Superintendent of Public Instruction inspects elementary and secondary
schools at least every 2 years to ensure the facilities comply with health
and safety regulations, maintain appropriate personnel records, and have
adequate insurance coverage. Nev. Rev. Stat. § 394.245.
Regulations passed by the State Board of Education in September 1999 allows
licensed schools to employ teachers licensed in other states or territories,
as long as the percentage of licensed teachers vs. unlicensed teachers
does not drop below 70 percent. The unlicensed teachers must have either
a bachelor?s or master?s degree with verified full-time or supervised experience.
Recordkeeping/Reports: Private schools are required
to furnish periodic reports of enrollment, attendance, and general progress
within each school to the Superintendent of Public Instruction. Nev. Rev.
Stat. § 394.130.
Private elementary and secondary schools may not permanently admit a student
until the parent/guardian furnishes a birth certificate or other proof
of the child's identity, and if applicable, the students prior school records.
Children must be admitted to a school under the name appearing in the identifying
documents, unless the parent/guardian furnishes a court order to the contrary
or the child is in the custody of the welfare division. If the parent/guardian
fails to furnish identifying documents within 30 days of conditional admission,
the principal must notify the local law enforcement agency and request
a determination whether the child has been reported missing. Nev. Rev.
Stat. 394.145.
Before December 31 of each year, private schools must report on a form
provided the number of students fully immunized to the Health Division
of the Department of Human Resources. Nev. Rev. Stat. § 394.192(5).
Private elementary and secondary educational institutions discontinuing
operations must file original or true copies of all student academic records
with the Superintendent of Public Instruction. Nev. Rev. Stat. § 394.341
Curriculum: Private schools must provide instruction
for private school students in the subjects required by law for public
school students, either under the prescribed regular state courses or through
courses prepared by private schools and approved by the state board of
education. Nothing in this section may be construed to interfere with the
right of private schools to give religious instruction. Nev. Rev. Stat. § 394.130.
All private schools must provide instruction in the Constitution of the
United States and the State of Nevada, including the origin and history,
and the study of and devotion to American institutions and ideals. At least
one year of instruction is required at the elementary level and high school
level. Private school students may not receive a certificate or diploma
without having passed an examination on the constitutions. Nev. Rev. Stat. § 394.150.
Teachers responsible for giving instruction must show satisfactory evidence
of the necessary knowledge of the constitutions by examination or credentials.
Nev. Rev. Stat. § 394.160.
Health: Students may not enroll in a private school
without a certificate of immunization unless excused based on a religious
belief or medical condition. Students may conditionally enter a private
school if a parent/guardian submits a certificate that the child is currently
receiving the required immunizations. Immunizations must be completed within
90 days or the child must be excluded from school until the immunization
requirement has been met. Nev. Rev. Stat. §§ 394.192(1)-(4);
394.193. If a dangerous contagious disease exists in a private school,
a child excused from the immunization requirements must be immunized or
excluded from school and the local health officer notified. Nev. Rev. Stat. § 394.198.
Safety: Private schools must conduct fire drills at
least twice each month during the school year to instruct students in proper
procedures. Not more than three drills may include instruction in the procedures
in the event of a chemical explosion, related emergencies and other natural
disasters. The state fire marshal prescribes regulations governing fire
drills. Copies of this section shall be kept posted in every classroom
of every private school. Nev. Rev. Stat. § 394.170.
Private elementary and secondary schools may establish missing children
programs. The Attorney General and State Board of Education will provide
private schools materials to assist. Nev. Rev. Stat. § 394.135.
Transportation: School districts with less than 100,000
in population who provide transportation for public school students may
also provide transportation for resident students attending nonprofit private
schools on established public school bus routes. Nev. Rev. Stat. § 392.300.
Private schools are subject to the Nevada laws regulating the condition,
equipment and identification of vehicles used for pupil transportation.
All vehicles are subject to inspection at all times. Nev. Rev. Stat. § 394.190.
Home Schooling: A child may be excused from compulsory
attendance requirements when written evidence is provided to the board
of trustees of the county school district that the child will receive equivalent
instruction. The request must include a statement about the person who
will be teaching, where the instruction will take place, the educational
plan including the proposed educational goals and the instructional materials
to be used, a calendar of the proposed days of teaching, and evidence of
qualification of the instructor. NAC 392.025
The instruction may be given by a teacher, other than the parent, who
possesses a Nevada teaching license for the grade to be taught; by the
parent when the parent qualifies for or possesses a teaching license from
any state for the grade to be taught or has provided instruction in the
home in any state for at least three years; by the parent, in consultation
with a person who possesses a Nevada teaching license for the grade to
be taught or has provided home instruction in any state for at least three
years; by the parent when the child is enrolled in an approved correspondence
program; or by the parent when the parent has received a waiver. NAC 392.015
Public Aid for Private Schools/Private School Students: Public
school funds may not be used for any other purpose nor set apart for the
use or benefit of sectarian or secular societies or associations. Nev.
Rev. Stat. § 387.045.
Nonprofit private schools, including adjacent lots, furniture and equipment,
are exempt from property tax. Nev. Rev. Stat. § 361.105.
Meals and food products for human consumption served by private schools,
student organizations, and parent-teacher associations to students and
teachers are exempt from sales tax. Nev. Rev. Stat. § 372.285.
Meals and food products for human consumption served by private schools,
student organizations, and parent-teacher associations to students and
teachers are exempt from the local school support tax. Nev. Rev. Stat. § 372.290.
Miscellaneous: Communications concerning possession
or use of drugs or alcoholic beverages by a pupil to a licensed teacher
employed by a private school and counseling the student are privileged
communications and the teacher must not be examined as a witness concerning
the communication in a civil or criminal action without the consent of
the pupil. Nev. Rev. Stat. § 49.291. Communications during counseling
with a certificated counselor and a private school student are privileged
communications, except conversations relating to criminal offenses where
the punishment is death or life imprisonment. Nev. Rev. Stat. § 49.290.
Private and parochial schools may elect to join the Association for Interscholastic
Activities, subject to the same requirements and the same charges as public
schools. Nev. Rev. Stat. §§ 386.450; 386.460.
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