Indiana § 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

Indiana Statutes

§ 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

Indiana § 20-26-5-11.5

Title 20EDUCATION

Art. 26SCHOOL CORPORATIONS: GENERAL

Ch. 5General Powers and Duties

This text of Indiana § 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) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 20-26-5-11.5 (2026).

Text

5.

(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) o

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5. (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:
(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.