2.
(a)This section applies to:
(3)a state accredited nonpublic school; and
(4)an entity with which the school corporation, charter school, or
state accredited nonpublic school contracts for services;
concerning employees of the school corporation, charter school, state
accredited nonpublic school, or entity who are likely to have direct,
ongoing contact with children within the scope of the employees'
employment.
(b)Subject to section 10(k) of this chapter and subsection (f), a
school corporation, charter school, state accredited nonpublic school,
or entity may not employ or contract with, and shall terminate the
employment of or contract with, an individual convicted of any of the
following offenses:
(1)Murder (IC 35-42-1-1).
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2. (a) This section applies to:
(1) a school corporation;
(2) a charter school;
(3) a state accredited nonpublic school; and
(4) an entity with which the school corporation, charter school, or
state accredited nonpublic school contracts for services;
concerning employees of the school corporation, charter school, state
accredited nonpublic school, or entity who are likely to have direct,
ongoing contact with children within the scope of the employees'
employment.
(b) Subject to section 10(k) of this chapter and subsection (f), a
school corporation, charter school, state accredited nonpublic school,
or entity may not employ or contract with, and shall terminate the
employment of or contract with, an individual convicted of any of the
following offenses:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Aggravated battery (IC 35-42-2-1.5).
(6) Kidnapping (IC 35-42-3-2).
(7) A sex offense (as defined in IC 11-8-8-5.2).
(8) Carjacking (IC 35-42-5-2) (repealed).
(9) Arson (IC 35-43-1-1).
(10) Public indecency (IC 35-45-4-1(a)(3), IC 35-45-4-1(a)(4),
and IC 35-45-4-1(b)) committed:
(A) after June 30, 2003; or
(B) before July 1, 2003, if the person committed the offense by,
in a public place, engaging in sexual intercourse or other sexual
conduct (as defined in IC 35-31.5-2-221.5).
(11) Neglect of a dependent as a Class B felony (for a crime
committed before July 1, 2014) or a Level 1 felony or Level 3
felony (for a crime committed after June 30, 2014) (IC 35-46-1-4(b)(2) and IC 35-46-1-4(b)(3)).
(12) Child selling (IC 35-46-1-4(d)).
(13) An offense relating to material or a performance that is
harmful to minors or obscene under IC 35-49-3.
If an entity described in subsection (a)(4) obtains information that an
individual employed by the entity who works at a particular school
corporation, charter school, or state accredited nonpublic school has
been convicted of an offense described in this subsection, the entity
shall immediately notify the school corporation, charter school, or state
accredited nonpublic school of the employee's conviction.
(c) After June 30, 2023, a school corporation, charter school, state
accredited nonpublic school, or entity may employ or contract with an
individual convicted of any of the following offenses if a majority of
the members elected or appointed to the governing body of the school
corporation, or the equivalent body for a charter school, approves the
employment or contract as a separate, special agenda item, or if the
school administrator of a state accredited nonpublic school informs the
administrator's appointing authority of the hiring:
(1) An offense relating to operating a motor vehicle while
intoxicated under IC 9-30-5.
(2) Reckless homicide (IC 35-42-1-5).
(3) Battery (IC 35-42-2-1).
(4) Domestic battery (IC 35-42-2-1.3).
(5) Criminal confinement (IC 35-42-3-3).
(6) Public indecency (IC 35-45-4-1(a)(1) or IC 35-45-4-1(a)(2))
committed:
(A) after June 30, 2003; or
(B) before July 1, 2003, if the person committed the offense by,
in a public place, engaging in sexual intercourse or other sexual
conduct (as defined in IC 35-31.5-2-221.5).
(7) Contributing to the delinquency of a minor (IC 35-46-1-8).
(8) An offense involving a weapon under IC 35-47 or IC 35-47.5.
(9) An offense relating to controlled substances under IC 35-48-4,
other than an offense involving marijuana or paraphernalia used
to consume marijuana.
(d) An individual employed by a school corporation, charter school,
state accredited nonpublic school, or entity described in subsection (a)
shall notify the governing body of the school, if during the course of the
individual's employment, the individual:
(1) is convicted in Indiana or another jurisdiction of an offense
described in subsection (b) or (c); or
(2) is the subject of a substantiated report of child abuse or
neglect.
(e) A school corporation, charter school, state accredited nonpublic
school, or entity may use information obtained under section 10 of this
chapter concerning an individual being the subject of a substantiated
report of child abuse or neglect as grounds to not employ or contract
with the individual.
(f) A school corporation, charter school, state accredited nonpublic
school, or entity is not required to consider whether information
concerning an individual's conviction:
(1) requires the school or entity to:
(A) not employ; or
(B) not contract with; or
(2) constitutes grounds to terminate the employment of or contract
with;
an individual under subsection (b) if the individual's conviction is
reversed, vacated, or set aside.
(g) Nothing in this section prohibits a school corporation, charter
school, state accredited nonpublic school, or entity from establishing
procedures to verify the accuracy of the information obtained under
section 10 of this chapter concerning an individual's conviction.
(h) A school corporation, charter school, or state accredited
nonpublic school may not hire or contract with an individual:
(1) who is required to wear an ankle monitor as the result of a
criminal conviction;
(2) who entered into an agreement to settle an allegation of
misconduct relating to the health, safety, or well-being of a
student at a school corporation, charter school, or state accredited
nonpublic school, if the agreement included a nondisclosure
agreement covering the alleged misconduct; or
(3) who, in an academic environment, engaged in a course of
conduct involving repeated or continuing contact with a child that
is intended to prepare or condition the child for sexual activity (as
defined in IC 35-42-4-13);
unless a majority of the members elected or appointed to the governing
body of the school corporation, or the equivalent body for a charter
school, approves the hire or contract as a separate, special agenda item,
or unless the school administrator of a state accredited nonpublic
school informs the administrator's appointing authority of the hiring.
(i) For purposes of subsection (h), "misconduct relating to the
health, safety, or well-being of a student" includes:
(1) engaging in a pattern of flirtatious or otherwise inappropriate
comments;
(2) making any effort to gain unreasonable access to, and time
alone with, any student with no discernible educational purpose;
(3) engaging in any behavior that can reasonably be construed as
involving an inappropriate and overly personal and intimate
relationship with, conduct toward, or focus on a student;
(4) telling explicit sexual jokes and stories;
(5) making sexually related comments;
(6) engaging in sexual kidding or teasing;
(7) engaging in sexual innuendos or making comments with
double entendre;
(8) inappropriate physical touching;
(9) using spoken, written, or any electronic communication to
importune, invite, participate with, or entice a person to expose or
touch the person's own or another person's intimate body parts or
to observe the student's intimate body parts via any form of
computer network or system, any social media platform,
telephone network, or data network or by text message or instant
messaging;
(10) sexual advances or requests for sexual favors;
(11) physical or romantic relationship including but not limited to
sexual intercourse or oral sexual intercourse;
(12) discussion of one's personal romantic or sexual feelings or
activities;
(13) discussion, outside of a professional teaching or counseling
context endorsed or required by an employing school district, of
a student's romantic or sexual feelings or activities;
(14) displaying, sharing, or transmitting pornographic or sexually
explicit materials;
(15) any physical contact that the student previously has indicated
is unwelcome, unless such contact is professionally required, such
as to teach a sport or other skill, or to protect the safety of the
student or others;
(16) other than for purposes of addressing student dress code
violations or concerns, referencing the physical appearance or
clothes of a student in a way that could be interpreted as sexual;
and
(17) self-disclosure or physical exposure of a sexual, romantic, or
erotic nature.