2021 Indiana Code
Title 20. Education
Article 33. Students: General Provisions
Chapter 7. Parental Access to Student Records
20-33-7-4. Report of Records Without Parental Consent; Health or Safety Emergency
Sec. 4. (a) As used in this section, "appropriate officials" include local or state law enforcement officials, department of child services officials, trained medical personnel, and school administrators whose knowledge of information described in subsection (b) or (d) is necessary to protect the health or safety of students or other persons on school corporation property. The term "school administrator" includes a principal, an assistant principal, a superintendent, and an assistant superintendent.
(b) A school corporation or other entity to which the education records privacy provisions of the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g) apply may disclose or report on the education records of a child, including personally identifiable information contained in the education records, without the consent of the child's parent to appropriate officials in cases of health and safety emergencies as determined by school officials.
(c) A school corporation or other entity to which the education records privacy provisions of the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g) apply that:
(1) discloses or reports on the education records of a child, including personally identifiable information contained in the education records, in violation of this section; and
(2) makes a good faith effort to comply with this section;
is immune from civil liability.
(d) In the case of a health or safety emergency, a law enforcement officer shall disclose or report a child's personally identifiable information contained in law enforcement records to a school corporation or an appropriate official.
(e) Information concerning any suspicious activity or potential criminal activity related to a child that is shared between a law enforcement officer and a school corporation or an appropriate official under this section shall not be stored or maintained in any type of data base.
As added by P.L.255-2019, SEC.2.