NRS 391.905 Duties of independent contractor who employs a person who may have direct contact with pupils; required disclosures by independent contractor before assigning employee to public school; prohibition on assignment of employee upon objection.
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NRS 391.905 Duties of independent contractor who employs a person who may have direct contact with pupils; required disclosures by independent contractor before assigning employee to public school; prohibition on assignment of employee upon objection.
1. An independent contractor of a school district, charter school or university school for profoundly gifted pupils who employs a person who may have direct contact with pupils shall:
(a)Maintain a record for each such employee that includes, without limitation, the information submitted pursuant to subsection 2 of NRS 391.885 and the information submitted pursuant to subsection 2 of NRS 391.890 ; and
(b)Upon request, provide the record maintained pursuant to paragraph
(a)to the board of trustees of the school district, governing body of the charter school or governing body of the university school for profoundly gifted pupils, as applicable, for the school at which an employee has been assigned to perform work.
2. Before assigning an employee to perform work at a location where the employee may have direct contact with pupils, an independent contractor shall inform the board of trustees of the school district, governing body of the charter school or governing body of the university school for profoundly gifted pupils, as applicable, with which the employee will be assigned to perform work of any instance known in which the employee:
(a)Except as otherwise provided in this paragraph, has been the subject of an investigation concerning an alleged sexual offense conducted by an employer. A person is not required to provide the information described in this paragraph if, after investigating the alleged violation, the employer determined that the allegations were false, unfounded, unsubstantiated or inconclusive.
(b)Has ever been discharged, disciplined, had a contract not renewed, asked to resign from employment, resigned from employment or otherwise separated from employment while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation and was found, upon conclusion of the investigation, to have committed the sexual offense.
(c)Had a license or certificate suspended or revoked or has been required to surrender a license or certificate while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation and was found, upon conclusion of the investigation, to have committed the sexual offense.
3. An independent contractor may not assign an employee to perform work at a public school, charter school or university school for profoundly gifted pupils if the board of trustees of the school district in which the school is located, governing body of the charter school or governing body of the university school for profoundly gifted pupils, as applicable, objects to such an assignment upon receiving the notification required by subsection 2.