Nevada Revised Statutes 394.465 – Background investigation of certain applicants for employment with postsecondary educational institution; confidentiality of results; payment of cost by applicant; exception to requirements for certain applicants
1. Except as otherwise provided in subsection 6, before a postsecondary educational institution employs or contracts with a person:
Terms Used In Nevada Revised Statutes 394.465
- counselor: means a person who holds a license issued pursuant to chapter 391 of NRS and an endorsement to serve as a school counselor issued pursuant to regulations adopted by the Commission on Professional Standards in Education or who is otherwise authorized by the Superintendent of Public Instruction to serve as a school counselor. See Nevada Revised Statutes 385.007
- Department: means the Department of Education. See Nevada Revised Statutes 385.007
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
(a) To occupy an instructional position;
(b) To occupy an administrative or financial position, including a position as school director, personnel officer, counselor, admission representative, solicitor, canvasser, surveyor, financial aid officer or any similar position; or
(c) To act as an agent for the institution, the applicant must submit to the Administrator the information set forth in subsection 2.
2. The applicant must submit to the Administrator:
(a) A complete set of fingerprints taken by a law enforcement agency and written permission authorizing the Administrator to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Administrator deems necessary; or
(b) Written verification, on a form prescribed by the Administrator, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Administrator deems necessary.
3. The Administrator may:
(a) Unless the applicant’s fingerprints are directly forwarded pursuant to paragraph (b) of subsection 2, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Administrator deems necessary; and
(b) Request from each such agency any information regarding the applicant’s background as the Administrator deems necessary.
4. Except as otherwise provided in NRS 239.0115, the Administrator shall keep the results of the investigation confidential.
5. The applicant shall pay the cost of the investigation.
6. An applicant is not required to satisfy the requirements of this section if the applicant:
(a) Is licensed by the Superintendent of Public Instruction;
(b) Is an employee of the United States Department of Defense;
(c) Is a member of the faculty of an accredited postsecondary educational institution in another state who is domiciled in a state other than Nevada and is present in Nevada for a temporary period to teach at a branch of that accredited institution;
(d) Is an instructor who provides instruction from a location outside this State through a program of distance education for a postsecondary educational institution licensed by the Commission who previously underwent an investigation of his or her background and the Administrator determines that an additional investigation is not necessary; or
(e) Has satisfied the requirements of subsection 1 within the immediately preceding 5 years.
7. As used in this section, ‘distance education’ means instruction delivered by means of video, computer, television, or the Internet or other electronic means of communication, or any combination thereof, in such a manner that the person supervising or providing the instruction and the student receiving the instruction are separated geographically.