§ 20-26-5-10 — Adoption of criminal history background and child protection index check policy; implementation of policy

(a) This section applies to a:
(1) school corporation;
(2) charter school; or
(3) nonpublic school that employs one (1) or more employees.
(b) A school corporation, a charter school, and a nonpublic school
shall adopt a policy concerning criminal history information for
individuals who:
(1) apply for:
(A) employment with the school corporation, charter school, or
nonpublic school; or
(B) employment with an entity with which the school
corporation, charter school, or nonpublic school contracts for
services;
(2) seek to enter into a contract to provide services to the school
corporation, charter school, or nonpublic school; or
(3) are employed by an entity that seeks to enter into a contract to
provide services to the school corporation, charter school, or
nonpublic school;
if the individuals are likely to have direct, ongoing contact with
children within the scope of the individuals' employment.
(c) Except as provided in subsections (f) and (g), a school
corporation, a charter school, and a nonpublic school shall administer
a policy adopted under this section uniformly for all individuals to
whom the policy applies.
(d) A policy adopted under this section must require that the school
corporation, charter school, or nonpublic school conduct an expanded
criminal history check concerning each applicant for employment who
is likely to have direct, ongoing contact with children within the scope
of the individual's employment before or not later than thirty (30) days
after the start date of the applicant's employment by the school
corporation, charter school, or nonpublic school. If a vendor providing
an expanded criminal history check offers more than one (1) type of
expanded criminal history check, the policy shall require that the
school corporation, charter school, or nonpublic school evaluate all
available types of criminal history checks and determine whether a
more comprehensive expanded criminal history check would better
protect the students.
(e) A policy adopted under this section:
(1) must require that the school corporation, charter school, or
nonpublic school conduct an Indiana expanded child protection
index check; and
(2) may require that the school corporation, charter school, or
nonpublic school conduct an expanded child protection index
check in other states;
concerning each applicant for employment who is likely to have direct,
ongoing contact with children within the scope of the individual's
employment. An Indiana expanded child protection index check must
be completed before or not later than sixty (60) days after the start date
of the applicant's employment by the school corporation, charter
school, or nonpublic school.
(f) A policy adopted under this section must state that the school
corporation, charter school, or nonpublic school requires an expanded
criminal history check concerning an employee of the school
corporation, charter school, or nonpublic school who is likely to have
direct, ongoing contact with children within the scope of the
employee's employment. The checks must be conducted every five (5)
years. A school corporation, charter school, or nonpublic school may
adopt a policy to require an employee to obtain an expanded child
protection index check every five (5) years.
(g) In implementing subsection (f), and subject to subsection (j), a
school corporation, charter school, or nonpublic school may update the
checks required under subsection (f) for employees who are employed
by the school corporation, charter school, or nonpublic school as of
July 1, 2017, over a period not to exceed five (5) years by annually
conducting updated expanded criminal history checks and expanded
child protection index checks for at least one-fifth (1/5) of the number
of employees who are employed by the school corporation, charter
school, or nonpublic school on July 1, 2017.
(h) An applicant or employee may be required to provide a written
consent for the school corporation, charter school, or nonpublic school
to request an expanded criminal history check and an expanded child
protection index check concerning the individual before the
individual's employment by the school corporation, charter school, or
nonpublic school. The school corporation, charter school, or nonpublic
school may require the individual to provide a set of fingerprints and
pay any fees required for the expanded criminal history check and
expanded child protection index check. Each applicant for employment
or employee described in subsection (f) may be required:
(1) at the time the individual applies or updates an expanded
criminal history check under subsection (f); or
(2) while an expanded criminal history check or expanded child
protection index check is being conducted;
to answer questions concerning the individual's expanded criminal
history check and expanded child protection index check. The failure
to answer honestly questions asked under this subsection is grounds for
termination of the employee's employment.
(i) An applicant is responsible for all costs associated with obtaining
the expanded criminal history check and expanded child protection
index check unless the school corporation, charter school, or nonpublic
school agrees to pay the costs. A school corporation, charter school, or
nonpublic school may agree to pay the costs associated with obtaining
an expanded criminal history background check for an employee. An
employee of a school corporation, charter school, or nonpublic school
may not be required to pay the costs of an expanded child protection
index check.
(j) An applicant or employee may not be required by a school
corporation, charter school, or nonpublic school to obtain an expanded
criminal history check more than one (1) time during a five (5) year
period. However, a school corporation, charter school, or nonpublic
school may obtain an expanded criminal history check or an expanded
child protection index check at any time if the school corporation,
charter school, or nonpublic school has reason to believe that the
applicant or employee:
(1) is the subject of a substantiated report of child abuse or
neglect; or
(2) has been charged with or convicted of a crime listed in section
11.2(b) of this chapter or IC 20-28-5-8(c).
(k) As used in this subsection, "offense requiring license revocation"
means an offense listed in IC 20-28-5-8(c). A policy adopted under this
section must prohibit a school corporation, charter school, or nonpublic
school from:
(1) hiring;
(2) continuing the employment of;
(3) contracting with; or
(4) continuing to contract with;
a person who has been convicted of an offense requiring license
revocation, unless the conviction has been reversed, vacated, or set
aside on appeal.
(l) Information obtained under this section must be used in
accordance with law.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-5-2-7.]

Legislative History

As added by P.L.1-2005, SEC.10. Amended by P.L.121-2009, SEC.8; P.L.106-2016, SEC.4; P.L.185-2017, SEC.2; P.L.167-2018, SEC.2; P.L.125-2022, SEC.4; P.L.110-2023, SEC.2; P.L.9-2024, SEC.389.