Indiana 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
(1) a charter school, as defined in IC 20-24-1-4;
Terms Used In Indiana Code 20-26-5-11.5
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(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.