2023 Indiana Code
Title 20. Education
Article 26. School Corporations: General Administrative Provisions
Chapter 5. General Powers and Duties
20-26-5-11.5. Disclosure of Substantiated Reports of Abuse or Neglect; Employment Reference Requests and Disclosure of Certain Incidents Known by a School

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 if the employee is likely to have direct, ongoing contact with children within the scope of the employee's new employment.

(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.

(e) 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 was:

(1) arrested;

(2) charged with a criminal offense;

(3) convicted of a criminal offense;

(4) under court supervision or the supervision of a community correction program as the result of a conviction for a criminal offense (including being placed on home detention, work release, or intermittent incarceration);

(5) the subject of a protection order; or

(6) named as a defendant in a civil action if the civil action could affect the safety of students;

if the employee is likely to have direct, ongoing contact with children within the scope of the employee's new employment. This provision of this subsection concerning a confidentiality agreement applies to a confidentiality agreement entered into or amended after June 30, 2023.

As added by P.L.106-2016, SEC.6. Amended by P.L.110-2023, SEC.5.