Section 391.105 - Conditions under which volunteer not required to submit fingerprints1. 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.Added to NRS by 2019, 1520Amended by 2023, Ch. 498,§11, eff. 6/15/2023.Added by 2019, Ch. 267,§12, eff. 6/1/2019.