CURRENT GRADE: D

Nevada has very limited options for education freedom. Tax dollars do not follow the student. There are many public charter schools that are subject to governance by state or local authorities.

Homeschool and religious freedom to homeschool laws are robust and parent friendly.

Compulsory attendance is required for children between 6-18 years of age. Exclusions apply for students between 15-18 who complete 8th grade and enter employment or apprenticeship with guardian/parent permission.

Education Options

Nevada Educational Choice Scholarship Program (Opportunity Scholarship)—

    • Needs based program for students with income levels that do not exceed 300 percent of federal poverty guidelines.
    • The money can be applied to private school tuition (not homeschool). The max amount given per student in 2024-25 was $9,810 and payment is made directly to the private school.
    • Tax-exempt donations are managed by a scholarship organization.
    • Scholarships are limited, only 2,063 students could participate in 2023. There are approximately 500,000 school aged children in Nevada.

Charter Schools

    • The Nevada State Public Charter School Authority (SPCSA) provides oversight of all charter schools.
    • There are 80 charter schools that serve approx. 60,000 students.
    • Charter school leadership and staff are responsible for day-to-day operations but ultimately the charter school sponsor (the state or local school district) are accountable for achievement and management of funds.
    • While charter schools do have more leeway to operate than a standard public school, they are still governed by the same people who govern other public schools.

Homeschooling Laws

Here are state laws on the topic of homeschooling:

  • Parents must file a notice of intent to homeschool with the district superintendent of the district in which they reside. The education department shall develop a standard form and it must not require any information not required under law. Provisions under the law to be included with notice of intent to homeschool:
    • The notice of intent to homeschool must be filed before beginning to homeschool the child or:
      (a) Not later than 10 days after the child has been formally withdrawn from enrollment in public school; or (b) Not later than 30 days after establishing residency in this State.
    • The purpose of the notice of intent to homeschool is to inform the school district in which the child resides that the child is exempt from the requirement of compulsory enrollment and attendance.
    • If the name or address of the parent or child as indicated on a notice of intent to homeschool changes, the parent must, not later than 30 days after the change, file a new notice of intent to homeschool with the superintendent of schools of the school district in which the child resides.
    • A notice of intent to homeschool must include only the following:

      (a) The full name, age and gender of the child;
      (b) The name and address of each parent filing the notice of intent to homeschool;
      (c) A statement signed and dated by each such parent declaring that the parent has control or charge of the child and the legal right to direct the education of the child, and assumes full responsibility for the education of the child while the child is being homeschooled;
      (d) An educational plan for the child that is prepared pursuant to NRS 388D.050;
      (e) If applicable, the name of the public school in this State which the child most recently attended; and
      (f) An optional statement that the parent may sign which provides:
      I expressly prohibit the release of any information contained in this document, including, without limitation, directory information as defined in 20 U.S.C. § 1232g(a)(5)(A), without my prior written consent.

  • Athletics: Homeschooled students must be allowed to participate in interscholastic activities and events per state law NRS 392.074 in the district in which they reside. All rules and regulations that apply to public school students would apply to homeschooled students such as fees, transportation, physical examination, etc.

Religious Exemptions

  • State code NRS 388D.060 prohibits discrimination and states:
    • No regulation or policy of the State Board, any school district or any other governmental entity may infringe upon the right of a parent to educate his or her child based on religious preference unless it is:
      1. Essential to further a compelling governmental interest; and
      2. The least restrictive means of furthering that compelling governmental interest.

The First Amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Many argue that a religious conviction to provide a home-based education is constitutionally protected and a state religious exemption law is not a requirement to be able to homeschool on religious grounds.

It should be noted that the U.S. Supreme Court in Wisconsin v. Yoder (1972) established that “Under the Free Exercise Clause of the First Amendment, a state law requiring that children attend school past eighth grade violates the parents’ constitutional right to direct the religious upbringing of their children.” (The case involved a challenge of a 16-year-old student to be exempt, so the scope was limited)