Nevada § 391.104 - Fingerprinting and investigation into the background of certain applicants for employment, employees and volunteers; school district prohibited from requiring licensed employees on approved leave to submit fingerprints as condition of return to employment; exception; use of certain information; acceptance of gifts, grants and donations; immunity from liability

§ 391.104. Fingerprinting and investigation into the background of certain applicants for employment, employees and volunteers; school district prohibited from requiring licensed employees on approved leave to submit fingerprints as condition of return to employment; exception; use of certain information; acceptance of gifts, grants and donations; immunity from liability

1. Except as otherwise provided in NRS 391.105 and 391.1055 , each applicant for employment pursuant to NRS 391.100 or employee, except a teacher or other person licensed by the Superintendent of Public

Instruction, or volunteer 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 school district: (a) A full set of the applicant's, employee's or volunteer's fingerprints and written

permission authorizing the school district to forward the fingerprints to the Central

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

of the applicant, 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 board of trustees of the school district to obtain

any information concerning the applicant, employee or volunteer that may be available

from the Statewide Central Registry 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, a school district may cooperate with any appropriate law enforcement agency

to obtain information relating to the criminal history 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. The board of trustees of a school district 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) When 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. 4. Except as otherwise provided in subsection 5, the board of trustees of a school

district shall not require a licensed teacher or other person licensed by the Superintendent

of Public Instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district,

including, without limitation: (a) Sick leave; (b) Sabbatical leave; (c) Personal leave; (d) Leave for attendance at a regular or special session of the Legislature of this

State if the employee is a member thereof; (e) Maternity leave; and (f) Leave permitted by the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq., to submit a set of his or her fingerprints as a condition of return to or continued

employment with the school district if the employee is in good standing when the employee

began the leave. 5. A board of trustees of a school district may ask the Superintendent of Public Instruction

to require a person licensed by the Superintendent of Public Instruction pursuant

to NRS 391.033 who has taken a leave of absence from employment authorized by the school district

to submit a set of his or her fingerprints as a condition of return to or continued

employment with the school district if the board of trustees has probable cause to

believe that the person has committed a felony or an offense involving moral turpitude

during the period of his or her leave of absence. 6. The board of trustees of a school district: (a) May accept any gifts, grants and donations to carry out the provisions of subsections

1 and 2 and NRS 391.105 . (b) May not be held liable for damages resulting from any action of the board of trustees

authorized by subsection 2 or 3 or NRS 391.105 .