Ind. Code § 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
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2023
As of January 1, 2018
Sec. 11.5. (a) As used in this section, "school" includes:
Sec. 11.5. (a) As used in this section, "school" includes:
(1) a charter school, as defined in IC 20-24-1-4;
(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;
(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
(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).
(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.
(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:
(c) A school may not disclose information under this section that:
(1) identifies a student; or
(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.).
(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.
(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.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.