Nevada § 388A.515 - Fingerprinting and investigation into the background of nonlicensed applicants for employment, employees and volunteers; use of certain information; disqualification of certain applicants, employees and volunteers; acceptance of gifts, grants and donations; immunity from liability

§ 388A.515. Fingerprinting and investigation into the background of nonlicensed applicants for employment, employees and volunteers; use of certain information; disqualification of certain applicants, employees and volunteers; acceptance of gifts, grants and donations; immunity from liability

1. Each applicant for employment with and employee at a charter school, except a licensed

teacher or other person licensed by the Superintendent of Public Instruction, and,

except as otherwise provided in NRS 388A.516 , each volunteer at a charter school who is likely to have unsupervised contact with

pupils, must, before beginning his or her employment or service as a volunteer and

at least once every 5 years thereafter, submit to the governing body of the charter

school: (a) A complete set of the applicant's, employee's or volunteer's fingerprints and

written permission authorizing the governing body to forward the fingerprints to the

Central Repository for Nevada Records of Criminal History for its report on the criminal

history of the applicant, or employee or volunteer and for submission to the Federal

Bureau of Investigation for its report on the criminal history of the applicant, employee

or volunteer; and (b) Written authorization for the governing body to obtain any information concerning

the applicant, employee or volunteer that may be available from the Statewide Central

Registry for the Collection of Information Concerning the Abuse or Neglect of a Child

established by NRS 432.100 and any equivalent registry maintained by a governmental entity in a jurisdiction

in which the applicant, employee or volunteer has resided within the immediately preceding

5 years. 2. In conducting an investigation into the background of an applicant, employee or

volunteer, the governing body of a charter school may cooperate with any appropriate

law enforcement agency to obtain information relating to the background of the applicant,

employee or volunteer, including, without limitation, any record of warrants for the

arrest of or applications for protective orders against the applicant, employee or

volunteer. 3. If the information obtained by the governing body pursuant to subsection 1 or 2

or subsection 5 of NRS 388A.516 indicates that the applicant, employee or volunteer has not been convicted of a crime

listed in NRS 388A.5342 , the governing body of the charter school may employ the applicant or employee or

accept the volunteer, as applicable. 4. If the information obtained by the governing body pursuant to subsection 1 or 2

or subsection 5 of NRS 388A.516 indicates that the applicant, employee or volunteer has been convicted of a crime

listed in NRS 388A.5342 , and the governing body of the charter school does not disqualify the applicant or

employee from employment or the volunteer from serving as a volunteer on the basis

of that information, the governing body shall, upon the written authorization of the

applicant, employee or volunteer, forward a copy of the information to the Superintendent

of Public Instruction. If the applicant, employee or volunteer refuses to provide his or her written authorization

to forward a copy of the information pursuant to this subsection, the charter school

shall not employ the applicant or employee or accept the volunteer, as applicable. 5. Not later than 15 days after receiving the information obtained by the governing

body pursuant to subsection 1 or 2 or subsection 5 of NRS 388A.516 , the Superintendent of Public Instruction or the Superintendent's designee shall

review the information to determine whether the conviction of the applicant, employee

or volunteer is related or unrelated to the position with the charter school for which

the applicant has applied or in which the employee is employed or the volunteer wishes

to serve. The applicant, employee or volunteer shall, upon the request of the Superintendent

of Public Instruction or the Superintendent's designee, provide any further information

that the Superintendent or the designee determines is necessary to make the determination. If the governing body of the charter school desires to employ the applicant or employee

or accept the volunteer, the governing body shall, upon the request of the Superintendent

of Public Instruction or the Superintendent's designee, provide any further information

that the Superintendent or the designee determines is necessary to make the determination. The Superintendent of Public Instruction or the Superintendent's designee shall

provide written notice of the determination to the applicant, employee or volunteer

and to the governing body of the charter school. 6. If the Superintendent of Public Instruction or the Superintendent's designee determines

that the conviction of the applicant, employee or volunteer is related to the position

with the charter school for which the applicant has applied or in which the employee

is employed or the volunteer wishes to serve, the governing body of the charter school

shall not employ the applicant or employee or accept the volunteer, as applicable. If the Superintendent of Public Instruction or the Superintendent's designee determines

that the conviction of the applicant, employee or volunteer is unrelated to the position

with the charter school for which the applicant has applied or in which the employee

is employed or the volunteer wishes to serve, the governing body of the charter school

may employ the applicant or employee for that position or accept the volunteer, as

applicable. 7. The governing body of a charter school may use a substantiated report of the abuse

or neglect of a child, as defined in NRS 392.281 , or a violation of NRS 201.540 , 201.553 , 201.560 , 392.4633 or 394.366 obtained from the Statewide Central Registry or an equivalent registry maintained

by a governmental agency in another jurisdiction: (a) In making determinations concerning assignments, requiring retraining, imposing

discipline, hiring, accepting a volunteer or termination; and (b) In any proceedings to which the report is relevant, including, without limitation,

an action for trespass or a restraining order. 8. The governing body of a charter school: (a) May accept gifts, grants and donations to carry out the provisions of this section

and NRS 388A.516 . (b) May not be held liable for damages resulting from any action of the governing

body authorized by subsection 2 or 7 or NRS 388A.516 .