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NRS 391.105 - Conditions under which volunteer not required to submit fingerprints.

NV Rev Stat § 391.105 (2019) (N/A)
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1. A volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the board of trustees of a school district pursuant to NRS 391.104 if the volunteer submits to the board of trustees a completed verification form prescribed by the Department, a statement from an entity described in this subsection that is acceptable to the board of trustees or other sufficient evidence, or the board of trustees otherwise determines, that:

(a) Not more than 6 months before the date on which the volunteer is required by NRS 391.104 to submit his or her fingerprints, a federal, state or local governmental entity or nonprofit entity determined the volunteer to be eligible to interact with pupils at school as a volunteer; and

(b) It is the policy of the entity to conduct an investigation into the criminal background of a volunteer who will interact with pupils at school and that investigation:

(1) Includes the submission of fingerprints to the Federal Bureau of Investigation; and

(2) Meets any other requirements prescribed by regulation of the State Board.

2. In addition to the exception described in subsection 1, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the board of trustees of a school district pursuant to NRS 391.104 if the volunteer submits to the board of trustees a completed verification form prescribed by the Department, a statement from an entity described in this subsection that is acceptable to the board of trustees or other sufficient evidence, or the board of trustees otherwise determines that:

(a) The volunteer is employed by a federal, state or local governmental entity which has determined that the person is eligible to have unrestricted interaction with pupils as part of his or her official duties, which may include an unsupervised meeting with a pupil at a school; and

(b) It is the policy of the entity to conduct an investigation into the criminal background of an employee who will have unrestricted interaction with pupils as part of his or her official duties and that investigation:

(1) Includes the submission of fingerprints to the Federal Bureau of Investigation; and

(2) Meets any other requirements prescribed by regulation of the State Board.

3. In addition to the exceptions described in subsections 1 and 2, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the board of trustees of a school district pursuant to NRS 391.104 if the volunteer submits to the board of trustees a completed form prescribed by the Department, a statement from an entity described in this subsection that is acceptable to the board of trustees or other sufficient evidence, or the board of trustees otherwise determines that:

(a) Not more than 6 months before the date on which the volunteer is required by NRS 391.104 to submit his or her fingerprints, an entity included on the list of entities compiled by the Department pursuant to NRS 391.106 determined the volunteer to be eligible for employment or licensure or to serve as a volunteer; and

(b) It is the policy of the entity to conduct an investigation into the criminal background of an employee, licensee or volunteer, as applicable, and that investigation:

(1) Included the submission of fingerprints to the Federal Bureau of Investigation; and

(2) Meets any other requirements prescribed by regulation of the State Board.

4. In addition to the exceptions described in subsections 1, 2 and 3, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the board of trustees of a school district pursuant to NRS 391.104 if:

(a) The volunteer submits to the board of trustees a completed verification form prescribed by the Department, a statement from an entity described in this subsection that is acceptable to the board of trustees or other sufficient evidence, or the board of trustees otherwise determines, that:

(1) Not more than 6 months before the date on which the volunteer is required by NRS 391.104 to submit his or her fingerprints, an entity that is not included on the list of entities compiled by the Department pursuant to NRS 391.106 determined the volunteer to be eligible for employment or licensure or to serve as a volunteer; and

(2) It is the policy of the entity to conduct an investigation into the criminal background of an employee, licensee or volunteer, as applicable, and that investigation:

(I) Included the submission of fingerprints to the Federal Bureau of Investigation; and

(II) Meets any other requirements prescribed by regulation of the State Board;

(b) The board of trustees determines that the investigation described in paragraph (a) is at least as stringent as an investigation into the criminal background of a volunteer conducted pursuant to NRS 391.104; and

(c) The board of trustees accepts the investigation. The board of trustees of a school district may, in its discretion, accept or reject an investigation described in this subsection for any reason.

5. In addition to the exceptions described in subsections 1 to 4, inclusive, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the board of trustees of a school district pursuant to NRS 391.104 if the volunteer submits to another entity authorized to forward fingerprints to the Central Repository for Nevada Records of Criminal History a complete set of the volunteer’s fingerprints and written permission authorizing the entity to forward the fingerprints to the Central Repository for its report on the criminal history of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer.

(Added to NRS by 2019, 1520)

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