Nevada Revised Statutes 392.050 – Attendance excused for physical or mental condition or behavioral health; excused child with disability qualifies for free appropriate public education; effect of excusal on rating of public school
1. A child must be excused from attendance required by the provisions of NRS 392.040 when satisfactory written evidence is presented to the board of trustees of the school district in which the child resides that the child’s physical or mental condition or behavioral health is such as to prevent or render inadvisable the child’s attendance at school or his or her application to study.
Terms Used In Nevada Revised Statutes 392.050
- Department: means the Department of Education. See Nevada Revised Statutes 385.007
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
- Public schools: means all kindergartens and elementary schools, junior high schools and middle schools, high schools, charter schools and any other schools, classes and educational programs which receive their support through public taxation and, except for charter schools, whose textbooks and courses of study are under the control of the State Board. See Nevada Revised Statutes 385.007
2. A certificate in writing from any qualified physician, mental health professional or behavioral health professional acting within his or her authorized scope of practice, filed with the board of trustees immediately after its receipt, stating that the child is not able to attend school or that the child’s attendance is inadvisable must be taken as satisfactory evidence by the board of trustees.
3. A board of trustees of a school district which has excused from attendance pursuant to subsection 1 a child who, pursuant to NRS 388.417, qualifies as a pupil with a disability, shall make available to the child a free appropriate public education in compliance with the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), as that act existed on July 1, 1995.
4. If a pupil is excused from attendance pursuant to subsection 1, the excusal must not negatively affect the rating of a public school as determined by the Department pursuant to the statewide system of accountability for public schools.