Nevada Truancy Laws: Penalties and Everything Parents Need to Know

Truancy is a serious issue that affects students, families, and communities across Nevada. As parents, understanding Nevada truancy laws is crucial to ensure your child’s educational success and avoid potential legal consequences. These laws aim to address chronic absenteeism and promote regular school attendance, which is vital for a student’s academic and personal growth.

While being absent from school may seem harmless at first, it can quickly lead to negative outcomes such as falling behind in schoolwork, decreased academic achievement, and a higher risk of dropping out.

Nevada takes this seriously as well. For instance, Clark County School District (CCSD) have already made thousands of home visits less than one month into the new school year.

These efforts show that schools and communities are working together to combat truancy and promote student success. But as a parent, you also play a critical role in ensuring your child’s attendance in school.

If you or your child is facing charges related to truancy, it’s important to contact an experienced criminal defense firm.

The Defenders is a leading criminal defense firm in Nevada, with experienced attorneys dedicated to protecting your rights and helping you navigate the legal system. Contact us today for a free consultation to discuss your options and protect your child’s future.

Truancy Definition

According to Nevada law (NRS 392.130), a student is considered truant when they are absent from school without the written approval of their teacher or principal. This applies to absences of one or more class periods, or the equivalent of one or more class periods, in a school day. It’s important to note that if a student is physically or mentally unable to attend school, their absence may be excused.

Parents play a vital role in preventing truancy. If an emergency occurs or if a student is unable to attend school, parents must notify the teacher or principal within three days after the student returns to school for the absence to be considered excused. Any absence that hasn’t been approved is deemed an unapproved absence, and in such cases, a notice of truancy will be delivered to the parent.

What Is Habitual Truancy?

Nevada law takes a firm stance on repeated truancy. A student is declared a habitual truant if they have been deemed truant three or more times within one school year. This designation has serious consequences and triggers a series of actions by the school and law enforcement.

When a student is declared a habitual truant, the school must report them to a school police officer or the local law enforcement agency for investigation and possible issuance of a citation. This step is taken to address the issue promptly and prevent further absences.

Legal Age Requirements

In Nevada, the legal requirements for school attendance are clear. All children between the ages of 7 and 18 years must attend school. This requirement ensures that students receive the education they need during their formative years.

For children who are 6 years old, the attendance requirement applies if they are enrolled in a public school. Parents or guardians must send these 6-year-olds to school during all the time the school is in session. However, this requirement doesn’t apply to children under 7 who haven’t been enrolled or have been formally withdrawn from public school.

It’s worth noting that Nevada law makes provisions for children who transfer from schools in other states due to military transfers. These children are admitted to the grade they were attending or would have attended had they remained in their previous state, regardless of their age .

The Role of Schools in Addressing Truancy

Schools play a crucial role in addressing truancy and promoting regular attendance. They are at the forefront of implementing strategies to monitor, prevent, and intervene in cases of chronic absenteeism.

Attendance monitoring

Schools use various systems to track student attendance, such as taking daily roll calls and maintaining accurate attendance records. These records help identify students who are frequently absent or habitually truant, which triggers the intervention process.

Intervention strategies

When a student is deemed truant, schools employ various intervention strategies to address the issue. These may include parent-teacher conferences, counseling sessions, and creating individualized attendance plans for the student.

Reporting requirements

Under Nevada law (NRS 392.130), schools have a legal obligation to report truancy cases to the appropriate authorities. This ensures that students receive necessary support and interventions while holding them accountable for their actions.

For example, the news article above refers to the CCSD ‘s attendance officers visiting the homes of truant students. This action is part of their reporting requirements and aims to identify any underlying issues that may be contributing to the student’s absences.

Consequences for Truancy

There are significant consequences for students who habitually miss school without valid excuses. These consequences are designed to encourage regular attendance and address the underlying issues that may be causing truancy.

According to NRS 62E.270 & 62E.430, truant students may face the following:

Fines and community service

When a student is declared a habitual truant, they may face legal repercussions. The court has the authority to impose fines and community service as penalties for truancy. For a first offense, the court can order the student to pay a fine of up to $100 or perform between 8 and 16 hours of community service. If there’s a second or subsequent offense, the fine may increase to a maximum of $200, and the student may be required to complete up to 10 hours of community service.

It’s worth noting that the community service ordered is typically performed at the student’s school of attendance, if practicable. This approach aims to reconnect the student with their school environment and reinforce the importance of education.

Driver’s License Suspension

One of the most significant consequences for truant students in Nevada is the suspension of driving privileges. For students who are 14 years of age or older, the court can order the suspension of their driver’s license for a specific period.

For a first offense, the suspension can last from 30 days to six months. If it’s a second or subsequent offense, the suspension period increases, ranging from 60 days to one year.

This penalty applies not only to students who already have a driver’s license but also to those who are not yet eligible. In such cases, the court can prohibit the student from applying for a driver’s license for the specified period once they become eligible.

Juvenile Court Involvement

When a student is reported as a habitual truant, they may be required to appear in juvenile court. The school police officer or law enforcement agency prepares a citation directing the student to appear in the proper juvenile court. This citation is delivered to both the student and their parent or guardian.

In juvenile court, the judge has several options for addressing truancy. These may include supervision by a probation officer, counseling, or other interventions designed to improve school attendance . The court’s primary goal is to address the underlying issues causing truancy and to help the student return to regular school attendance.

It’s important to note that these consequences are not just punitive measures. They’re part of a broader strategy to address truancy and its root causes. The Truancy Prevention Outreach Program and other initiatives work alongside these legal consequences to provide support and resources to students and families struggling with chronic absenteeism.

By understanding these potential consequences, parents and students can make informed decisions about school attendance and seek help if needed to avoid the serious repercussions of habitual truancy.

Parental Responsibilities and Penalties

Parents and guardians also play a crucial role in addressing truancy.

Ensuring School Attendance

Nevada law requires parents or guardians to send their children between the ages of 7 and 18 to public school during all the time the school is in session. This requirement also applies to 6-year-olds who are enrolled in school. For children aged 5 or 6 who are enrolled in public school, parents must adhere to all rules and regulations of the school district, including attendance policies

When a child is unable to attend school due to an emergency or physical or mental inability, parents have the responsibility to notify the teacher or principal within three days after the student returns to school. This notification is crucial for the absence to be considered excused. Failure to provide this notification may result in the absence being marked as unapproved, leading to a notice of truancy being delivered to the parent.

Potential Misdemeanor Charges

Parents who fail to prevent their child’s truancy after receiving notice can face serious legal consequences. If a parent doesn’t take action to prevent subsequent truancy within the same school year, they may be found guilty of a misdemeanor.

Additionally, parents who intentionally provide false statements about their child’s age or school attendance can also face misdemeanor charges. This provision aims to ensure that parents provide accurate information to schools and authorities regarding their child’s attendance.

It’s important to note that these legal consequences aren’t limited to parents alone. Any person who induces or attempts to induce a child to be absent from school unlawfully, or who knowingly employs or harbors a child who is absent from school without permission, can be charged with a misdemeanor.

Fines and Jail Time for Parents

In Nevada, Parents who fail to prevent further truancy or provide false statements about their child’s attendance may face:

• Up to 6 months in jail, and/or
• Fines of up to $1,000 

To address truancy effectively, school boards have the authority to investigate the parents and guardians of truant pupils and report them to the appropriate authorities if necessary. This approach aims to involve parents actively in resolving truancy issues and emphasizes the shared responsibility between schools and families in promoting regular attendance.

Facing Criminal Charges? Hire The Defenders

If you or your child is facing charges for truancy, it’s essential to seek legal representation immediately.

At The Defenders, our team of experienced criminal defense lawyers understands the complexities of truancy laws in Nevada. We’ll work closely with you to develop a strong defense and help minimize the potential penalties you may face.

Contact us today for a free consultation.

Frequently Asked Questions