Nevada
Prior Approval Before Removal
Removing a child from public school in order to home school can be a complicated process, according to at least one Nevada county. That county maintains that a child cannot be removed from public school until the school board has reviewed the parents’ notification and approved the parents’ right to home school.
However, Home School Legal Defense Association believes that the home school regulations clearly provide that a child “must” be excused from compulsory attendance for the remainder of the year “upon receipt” by a school district of written evidence that the child is receiving equivalent instruction.
If a home school parent presents a notification that, on its face, indicates compliance with the home school regulation, the child must be excused from compulsory attendance at school.
To require a child to attend school after the school district has received written evidence that a child will receive equivalent instruction elsewhere would violate the parents’ fundamental right to direct the education of their child pursuant to Pierce v. Society of Sisters, 268 U.S. 510 (1922) and Wisconsin v. Yoder, 406 U.S. 205 (1972).
Should you hear of any family having difficulty withdrawing their child to begin a legitimate home school program, please contact HSLDA so we can assist in affirming their right to home school. The right to withdraw a child from public school to begin home schooling, without prior approval, is fundamental in Nevada. And HSLDA is committed to defending this right. — J. Michael Smith
