# Ind. Code § 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 · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_IN_T20_A26_C5_S20-26-5-11.5 ## Section - **Citation:** Ind. Code § 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 - **Jurisdiction:** Indiana - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Indiana Code / Title 20 / Article 26 / Chapter 5 / Section 20-26-5-11.5 ## Text Sec. 11.5. (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. As added by P.L.106-2016, SEC.6. Amended by P.L.110-2023, SEC.5. ## Nearby sections - [Ind. Code § 20-26-5-0.3 Repealed](https://www.frixlaw.com/law-library/statutes/STATE_IN_T20_A26_C5_S20-26-5-0.3.md) - [Ind. Code § 20-26-5-1 Power and purpose to conduct various education programs](https://www.frixlaw.com/law-library/statutes/STATE_IN_T20_A26_C5_S20-26-5-1.md) - [Ind. Code § 20-26-5-2 Latch key programs; waiver from state board](https://www.frixlaw.com/law-library/statutes/STATE_IN_T20_A26_C5_S20-26-5-2.md) - [Ind. Code § 20-26-5-3 Latch key programs; required compliance](https://www.frixlaw.com/law-library/statutes/STATE_IN_T20_A26_C5_S20-26-5-3.md) - [Ind. Code § 20-26-5-4 Specific powers](https://www.frixlaw.com/law-library/statutes/STATE_IN_T20_A26_C5_S20-26-5-4.md) - [Ind. Code § 20-26-5-4.1 Void and unenforceable terms in vendor contracts](https://www.frixlaw.com/law-library/statutes/STATE_IN_T20_A26_C5_S20-26-5-4.1.md) - [Ind. Code § 20-26-5-4.3 Superintendent contract; public meeting; Internet posting](https://www.frixlaw.com/law-library/statutes/STATE_IN_T20_A26_C5_S20-26-5-4.3.md) - [Ind. Code § 20-26-5-4.5 Superintendent and principal; personnel responsibilities](https://www.frixlaw.com/law-library/statutes/STATE_IN_T20_A26_C5_S20-26-5-4.5.md) - [Ind. Code § 20-26-5-4.7 Internet posting of contract provisions for certain employees](https://www.frixlaw.com/law-library/statutes/STATE_IN_T20_A26_C5_S20-26-5-4.7.md) - [Ind. Code § 20-26-5-5 Repealed](https://www.frixlaw.com/law-library/statutes/STATE_IN_T20_A26_C5_S20-26-5-5.md) - [Ind. Code § 20-26-5-6 Applicability of laws governing state agencies](https://www.frixlaw.com/law-library/statutes/STATE_IN_T20_A26_C5_S20-26-5-6.md) - [Ind. Code § 20-26-5-6 Applicability of laws governing state agencies](https://www.frixlaw.com/law-library/statutes/STATE_IN_T20_A26_C5_S20-26-5-6-b.md) - [Ind. Code § 20-26-5-7 Representation of governing body on public boards or commissions](https://www.frixlaw.com/law-library/statutes/STATE_IN_T20_A26_C5_S20-26-5-7.md) - [Ind. Code § 20-26-5-8 Repealed](https://www.frixlaw.com/law-library/statutes/STATE_IN_T20_A26_C5_S20-26-5-8.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IN_T20_A26_C5_S20-26-5-11.5. Check the current official text before relying on it. Not legal advice.