Section 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(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: (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.
Amended by P.L. 110-2023,SEC. 5, eff. 7/1/2023.Added by P.L. 106-2016, SEC. 6, eff. 7/1/2016.