Nevada § 388A.516 - Conditions under which volunteer not required to submit fingerprints

§ 388A.516. Conditions under which volunteer not required to submit fingerprints

1. A volunteer who is likely to have unsupervised contact with pupils is not required

to submit fingerprints to the governing body of a charter school pursuant to NRS 388A.515 if the volunteer submits to the governing body a completed verification form prescribed

by the Department, a statement from a public entity described in this subsection that

is acceptable to the governing body or other sufficient evidence, or the governing

body otherwise determines, that: (a) Not more than 6 months before the date on which the volunteer is required by NRS 388A.515 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 governing body of a charter school pursuant to NRS 388A.515 if the volunteer submits to the governing body a completed verification form prescribed

by the Department, a statement from a public entity described in this subsection that

is acceptable to the governing body or other sufficient evidence, or the governing

body 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 governing body of a charter school pursuant to NRS 388A.515 if the volunteer submits to the governing body a completed form prescribed by the

Department, a statement from a public entity described in this subsection that is

acceptable to the governing body or other sufficient evidence, or the governing body

otherwise determines that: (a) Not more than 6 months before the date on which the volunteer is required by NRS 388A.515 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 governing body of a charter school pursuant to NRS 388A.515 if: (a) The volunteer submits to the governing body a completed verification form prescribed

by the Department, a statement from a public entity described in this subsection that

is acceptable to the governing body or other sufficient evidence, or the governing

body otherwise determines, that: (1) Not more than 6 months before the date on which the volunteer is required by NRS 388A.515 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 governing body 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 388A.515 ; and (c) The governing body accepts the investigation. A governing body 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 governing body of a charter school pursuant to NRS 388A.515 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 388A.515 to submit his or her fingerprints and written permission.