Nev. Admin. Code § 391.800

Current through December 31, 2024

Section 391.800 - Circumstances under which volunteer deemed to have regular contact with pupils for purposes of background investigation; exceptions

1. For purposes of NRS 391.104:

(a) A volunteer at a public school, including, without limitation, a parent or guardian of a pupil, student teacher, unpaid coach, adviser, tutor or mentor, shall be deemed to have regular contact with pupils if the volunteer interacts with pupils at the same public school:

(1) At least four times in 1 month; or

(2) At least once each week for 4 or more consecutive weeks.

(b) A student who is enrolled at an institution of higher education shall not be deemed to be a volunteer if the student is:

(1) Taking a course which requires the student to be present in the classroom of the public school on a limited basis to observe and to be observed in the classroom; and

(2) Under direct supervision of a teacher or his or her professor at all times while in the classroom.

2. The board of trustees of a school district is not required to forward fingerprints submitted by a volunteer pursuant to NRS 391.104 to the Central Repository for Nevada Records of Criminal History if the volunteer submits sufficient evidence to the board of trustees 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 conducted an investigation into the criminal background of the volunteer that included the submission of fingerprints to the Federal Bureau of Investigation for the purpose of interacting with pupils at school as a volunteer; and

(b) The person was determined eligible to interact with pupils as a volunteer after the investigation.

3. In addition to the exception described in subsection 2, the board of trustees of a school district is not required to forward fingerprints submitted by a volunteer pursuant to NRS 391.104 to the Central Repository for Nevada Records of Criminal History if the volunteer submits sufficient evidence or the board of trustees otherwise determines that:

(a) The volunteer is employed by a federal, state or local governmental entity which conducted an investigation into the criminal background of the volunteer that included the submission of fingerprints to the Federal Bureau of Investigation; and

(b) The employer subsequently 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.

Nev. Admin. Code § 391.800

Added to NAC by Bd. of Education by R016-18, eff. 10-25-2018

NRS 385.075, 385.080, 391.104