Section 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 liability1. 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: (d) Leave for attendance at a regular or special session of the Legislature of this State if the employee is a member thereof;(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.[332:32:1956]-(NRS A 1967, 450; 1971, 175; 1975, 614; 1979, 871, 1603; 1985, 287; 1987, 1000, 1481; 1989, 630; 1993, 2531; 1995, 1910; 1999, 3462; 2001, 2482; 2003, 2848; 2003, 19th Special Session, 72; 2015, 1737, 2100, 3827; 2017, 2079, 3154; 2019, 1522; 2023, 1381, 2479)Amended by 2023, Ch. 414,§24, eff. 10/1/2023, app. to offenses committed on or after 10/1/2023.Amended by 2023, Ch. 222,§5, eff. 7/1/2023.Amended by 2019, Ch. 267,§14, eff. 6/1/2019.Amended by 2017, Ch. 493,§9, eff. 7/1/2017.Amended by 2017, Ch. 338,§33, eff. 7/1/2017.