NAC386.783. Residency of pupil: Burden of proof; establishment of new residence; reestablishment of former residence.  


Latest version.
  •      1. The burden of proof rests with a parent or legal guardian of a pupil, or a pupil if he or she is 18 years of age or older and does not live with a parent or legal guardian, to prove to the satisfaction of the school district or the Executive Director, as appropriate, that the pupil has established a residence within the zone of attendance of a school.

         2. A pupil who is 18 years of age or older and does not live with a parent or legal guardian must comply with subsection 6 of NAC 386.785 to establish residency.

         3. To establish residency pursuant to this section, a pupil or a parent or legal guardian of a pupil must submit to the school district or Executive Director, as appropriate, evidence establishing to the satisfaction of the school district or Executive Director the right of the pupil, parent or legal guardian to use the new residence, and other evidence establishing abandonment of the former residence by the pupil, parent or legal guardian. The evidence may include, without limitation:

         (a) A document indicating the sale of the former residence and the issuance of the deed for the new residence to the pupil, parent or legal guardian;

         (b) A document indicating the pupil, parent or legal guardian leases the new residence;

         (c) A bill for the payment of utility services, including a bill for telephone, power, sewer or garbage service at the new residence;

         (d) A driver’s license or certificate of registration of a vehicle that includes the address of the new residence;

         (e) A change of address included on a form for the registration of voters; and

         (f) Any other evidence indicating that the pupil or the parent or legal guardian resides at the new address.

         4. If a pupil establishes eligibility to participate in a sanctioned sport pursuant to subsection 3 and, within 1 year after establishing that eligibility, reestablishes a residence in his or her former school district or zone of attendance, the pupil is ineligible to participate in interscholastic activities at the former school for 180 school days unless the pupil has complied with the provisions of NAC 386.786.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R105-06, 9-18-2007)