(1) In any legal proceeding against the state in which a qualifying provider challenges the application of this part to the qualifying provider, the state shall bear the burden of establishing that the law:
(a) is necessary; and
(b) does not impose an undue burden on the qualifying provider.
(2) The following bear no liability based on the award or use of scholarship funds under this part:
(a) the state;
(b) the state board;
(c) the program manager; or
(d) an LEA.
(3) If any provision of this part is the subject of a state or federal constitutional challenge in a state court, scholarship students and scholarship students' parents may intervene as a matter of right to defend the program's constitutionality, subject to any court order that all defending parents and scholarship students intervene jointly.