Nevada Revised Statutes 391.035 – Confidentiality of application; exceptions; authorization for Department to require background investigation of certain employees
1. Except as otherwise provided in NRS 239.0115 and 391.033, an application to the Superintendent of Public Instruction for a license as a teacher or to perform other educational functions and all documents in the Department‘s file relating to the application, including:
Terms Used In Nevada Revised Statutes 391.035
- Department: means the Department of Education. See Nevada Revised Statutes 385.007
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(a) The applicant’s health records;
(b) The applicant’s fingerprints and any report from the Federal Bureau of Investigation or the Central Repository for Nevada Records of Criminal History or information from the Statewide Central Registry or any equivalent registry maintained by a governmental agency in another jurisdiction;
(c) Transcripts of the applicant’s records at colleges or other educational institutions;
(d) The applicant’s scores on the examinations administered pursuant to the regulations adopted by the Commission;
(e) Any correspondence concerning the application; and
(f) Any other personal information, are confidential.
2. It is unlawful to disclose or release the information in an application or any related document except pursuant to paragraph (d) of subsection 8 of NRS 179A.075 or the applicant’s written authorization.
3. The Department shall, upon request, make available the applicant’s file for inspection by the applicant during regular business hours.
4. The Department may annually require any employee of the Department who has access to information contained within an application or any related document to submit to the Department:
(a) A complete set of his or her fingerprints and written permission authorizing the Department to forward the 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; and
(b) Written authorization for the Department to obtain any information concerning the applicant 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 has resided within the immediately preceding 5 years.
5. If the information obtained by the Department pursuant to subsection 4 indicates that the employee has been convicted of a felony or any offense involving moral turpitude, the Department may take such action, as determined by the Department, to deny that employee access to information contained within an application or any related document.