{"data":{"id":"us-in/ic-20-26-5-11.5","jurisdiction":"us-in","citation":"IC 20-26-5-11.5","heading":"Disclosure of substantiated reports of abuse or neglect; employment reference requests and disclosure of certain incidents known by a school","body":"Sec. 11.5. (a) As used in this section, \"school\" includes:\n(1) a charter school, as defined in IC 20-24-1-4;\n(2) a nonpublic school, as defined in IC 20-18-2-12, that employs one (1) or more employees;\n(3) a public school, as defined in IC 20-18-2-15(1); and\n(4) an entity in another state that carries out a function similar to an entity described in subdivisions (1) through (3).\n(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.\n(c) A school may not disclose information under this section that:\n(1) identifies a student; or\n(2) is confidential student information under the federal Family Education Rights and Privacy Act (20 U.S.C. 1232g et seq.).\n(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.\n(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:\n(1) arrested;\n(2) charged with a criminal offense;\n(3) convicted of a criminal offense;\n(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);\n(5) the subject of a protection order; or\n(6) named as a defendant in a civil action if the civil action could affect the safety of students;\nif 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.","path":["TITLE 20. EDUCATION","ARTICLE 26. SCHOOL CORPORATIONS: GENERAL ADMINISTRATIVE PROVISIONS","Chapter 5. General Powers and Duties"],"source_url":"https://iga.in.gov/ic/2026/Title_20.html#20-26-5-11.5","current_through":"2026","vintage":"2026","retrieved_at":"2026-08-01T01:34:30Z","sha256":"b04f8d74fd469d88f8d49339516e81f8f996c34c796ddd3e29439bcce1421d0e","source_id":"us-in","stale":false,"prev":"us-in/ic-20-26-5-11.2","next":"us-in/ic-20-26-5-12"},"notice":"GroundRules: Original legal text. Not legal advice."}