Nevada Code § 391.105

Conditions under which volunteer not required to submit fingerprints
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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 a public 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 determined the volunteer to be eligible to interact with
pupils at school as a volunteer;
(b) It is the policy of the public entity to
conduct an investigation into the criminal background of a volunteer who will
interact with pupils at school and that investigation meets the requirements of
paragraph (c) and any other requirements prescribed by regulation of the State
Board; and
(c) For the purposes of the investigation
conducted pursuant to paragraph (b):
(1) A statute of this State expressly
requires a volunteer who will interact with pupils at school to submit a
complete set of his or her fingerprints to the public entity and written
permission authorizing the public entity to forward those fingerprints to the
Central Repository for Nevada Records of Criminal History 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;
(2) The statute expressly requiring the
volunteer to submit his or her fingerprints in accordance with subparagraph (1)
has been reviewed and approved by the Federal Bureau of Investigation as
satisfying the requirements of federal law; and
(3) The investigation was conducted
pursuant to the statute described in subparagraphs (1) and (2).
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 a public 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;
(b) It is the policy of the public 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 meets the requirements of paragraph (c) and any other
requirements prescribed by regulation of the State Board; and
(c) For the purposes of the investigation
conducted pursuant to paragraph (b):
(1) A statute of this State expressly
requires an employee who will have unrestricted interaction with pupils as part
of his or her official duties to submit a complete set of his or her
fingerprints to the public entity and written permission authorizing the public
entity to forward those fingerprints to the Central Repository for Nevada
Records of Criminal History for its report on the criminal history of the
employee and for submission to the Federal Bureau of Investigation for its
report on the criminal history of the employee;
(2) The statute expressly requiring the
employee to submit his or her fingerprints in accordance with subparagraph (1)
has been reviewed and approved by the Federal Bureau of Investigation as
satisfying the requirements of federal law; and
(3) The investigation was conducted
pursuant to the statute described in subparagraphs (1) and (2).
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 a public 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 public 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;
(b) It is the policy of the public entity to
conduct an investigation into the criminal background of an employee, licensee
or volunteer, as applicable, and that investigation meets the requirements of
paragraph (c) and any other requirements prescribed by regulation of the State
Board; and
(c) For the purposes of the investigation
conducted pursuant to paragraph (b):
(1) A statute of this State expressly
requires an employee, licensee or volunteer, as applicable, to submit a
complete set of his or her fingerprints to the public entity and written
permission authorizing the public entity to forward those fingerprints to the
Central Repository for Nevada Records of Criminal History for its report on the
criminal history of the employee, licensee or volunteer, as applicable, and for
submission to the Federal Bureau of Investigation for its report on the
criminal history of the employee, licensee or volunteer, as applicable;
(2) The statute expressly requiring the
employee, licensee or volunteer, as applicable, to submit his or her
fingerprints in accordance with subparagraph (1) has been reviewed and approved
by the Federal Bureau of Investigation as satisfying the requirements of
federal law; and
(3) The investigation was conducted
pursuant to the statute described in subparagraphs (1) and (2).
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 a public 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, a public 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;
(2) It is the policy of the public entity
to conduct an investigation into the criminal background of an employee,
licensee or volunteer, as applicable, and that investigation meets the
requirements of subparagraph (3) and any other requirements prescribed by
regulation of the State Board; and
(3) For the purposes of the investigation
conducted pursuant to subparagraph (2):
(I) A statute of this State
expressly requires an employee, licensee or volunteer, as applicable, to submit
a complete set of his or her fingerprints to the public entity and written
permission authorizing the public entity to forward those fingerprints to the
Central Repository for Nevada Records of Criminal History for its report on the
criminal history of the employee, licensee or volunteer, as applicable, and for
submission to the Federal Bureau of Investigation for its report on the
criminal history of the employee, licensee or volunteer, as applicable;
(II) The statute expressly requiring
the employee, licensee or volunteer, as applicable, to submit his or her
fingerprints in accordance with sub-subparagraph (I) has been reviewed and
approved by the Federal Bureau of Investigation as satisfying the requirements
of federal law; and
(III) The investigation was
conducted pursuant to the statute described in sub-subparagraphs (I) and (II);
(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:
(a) A statute of this State expressly requires
the volunteer to submit a complete set of his or her fingerprints to another
public entity and written permission authorizing the public 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;
(b) The statute expressly requiring the volunteer
to submit his or her fingerprints in accordance with paragraph (a) has been
reviewed and approved by the Federal Bureau of Investigation as satisfying the
requirements of federal law; and
(c) The volunteer submitted his or her
fingerprints to the public entity in accordance with the statute not more than
6 months before the date on which the volunteer is required by NRS 391.104 to submit his or her
fingerprints.

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