2017 Indiana Code
TITLE 20. Education
ARTICLE 26. SCHOOL CORPORATIONS: GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 5. General Powers and Duties
20-26-5-11.5. Confidentiality agreements void as to substantiated reports of abuse or neglect
Sec. 11.5. (a) As used in this section, "school" includes:
(1) a charter school, as defined in IC 20-24-1-4;
(2) a nonpublic school, as defined in IC 20-18-2-12, that employs one (1) or more employees;
(3) a public school, as defined in IC 20-18-2-15(1); and
(4) an entity in another state that carries out a function similar to an entity described in subdivisions (1) through (3).
(b) Notwithstanding any confidentiality agreement entered into by a school and an employee of the school, a school that receives a request for an employment reference, from another school, for a current or former employee, shall disclose to the requesting school any incident known by the school in which the employee committed an act resulting in a substantiated report of abuse or neglect under IC 31-6 (before its repeal) or IC 31-33.
(c) A school may not disclose information under this section that:
(1) identifies a student; or
(2) is confidential student information under the federal Family Education Rights and Privacy Act (20 U.S.C. 1232g et seq.).
(d) A confidentiality agreement entered into or amended after June 30, 2016, by a school and an employee is not enforceable against the school if the employee committed an act resulting in a substantiated report of abuse or neglect under IC 31-6 (before its repeal) or IC 31-33.
As added by P.L.106-2016, SEC.6.
