IN
Indiana Senate Bill SB0342

Indiana 2023 Regular Session

Indiana Senate Bill SB0342 Compare Versions

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1+*ES0342.1*
2+March 23, 2023
3+ENGROSSED
4+SENATE BILL No. 342
5+_____
6+DIGEST OF SB 342 (Updated March 22, 2023 4:52 pm - DI 143)
7+Citations Affected: IC 10-13; IC 20-26.
8+Synopsis: Teacher hiring. Requires a school corporation, charter
9+school, or nonpublic school to consider using a more comprehensive
10+expanded criminal history background check for employment. Repeals
11+current law concerning a school corporation or charter school's
12+employment of, or contracting with, certain individuals, and establishes
13+a new section that: (1) prohibits a school corporation, charter school,
14+or state accredited nonpublic school from employing or contracting
15+with specified individuals; (2) after June 30, 2023, allows a school
16+corporation, charter school, or state accredited nonpublic school to
17+employ or contract with certain other individuals with a majority vote
18+of the school board, or the equivalent for a charter school, or with a
19+notification of the appointing authority. Specifies that "misconduct"
20+includes certain specified acts. Requires a school corporation, charter
21+school, or state accredited nonpublic school that receives a reference
22+request from another school to disclose specified incidents to the
23+requesting school. Makes conforming changes.
24+Effective: July 1, 2023.
25+Freeman, Sandlin
26+(HOUSE SPONSORS — BEHNING, CASH)
27+January 12, 2023, read first time and referred to Committee on Education and Career
28+Development.
29+January 26, 2023, reported favorably — Do Pass.
30+February 2, 2023, read second time, amended, ordered engrossed.
31+February 3, 2023, engrossed.
32+February 6, 2023, read third time, passed. Yeas 49, nays 0.
33+HOUSE ACTION
34+February 28, 2023, read first time and referred to Committee on Education.
35+March 23, 2023, amended, reported — Do Pass.
36+ES 342—LS 7237/DI 106 March 23, 2023
137 First Regular Session of the 123rd General Assembly (2023)
238 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
339 Constitution) is being amended, the text of the existing provision will appear in this style type,
440 additions will appear in this style type, and deletions will appear in this style type.
541 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
642 provision adopted), the text of the new provision will appear in this style type. Also, the
743 word NEW will appear in that style type in the introductory clause of each SECTION that adds
844 a new provision to the Indiana Code or the Indiana Constitution.
945 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1046 between statutes enacted by the 2022 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 342
12-AN ACT to amend the Indiana Code concerning education.
47+ENGROSSED
48+SENATE BILL No. 342
49+A BILL FOR AN ACT to amend the Indiana Code concerning
50+education.
1351 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 10-13-3-39, AS AMENDED BY P.L.168-2022,
52+1 SECTION 1. IC 10-13-3-39, AS AMENDED BY P.L.168-2022,
53+2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
54+3 JULY 1, 2023]: Sec. 39. (a) The department is designated as the
55+4 authorized agency to receive requests for, process, and disseminate the
56+5 results of national criminal history background checks that comply with
57+6 this section and 42 U.S.C. 5119a.
58+7 (b) A qualified entity may contact the department to request a
59+8 national criminal history background check on any of the following
60+9 persons:
61+10 (1) A person who seeks to be or is employed with the qualified
62+11 entity. A request under this subdivision must be made not later
63+12 than three (3) months after the person is initially employed by the
64+13 qualified entity.
65+14 (2) A person who seeks to volunteer or is a volunteer with the
66+15 qualified entity. A request under this subdivision must be made
67+16 not later than three (3) months after the person initially volunteers
68+17 with the qualified entity.
69+ES 342—LS 7237/DI 106 2
70+1 (3) A person for whom a national criminal history background
71+2 check is required under any law relating to the licensing of a
72+3 home, center, or other facility for purposes of day care or
73+4 residential care of children.
74+5 (4) A person for whom a national criminal history background
75+6 check is permitted for purposes of:
76+7 (A) placement of a child in a foster family home, a prospective
77+8 adoptive home, or the home of a relative, legal guardian to
78+9 whom IC 29-3-8-9 applies, or other caretaker under section
79+10 27.5 of this chapter or IC 31-34;
80+11 (B) a report concerning an adoption as required by IC 31-19-8;
81+12 (C) collaborative care host homes and supervised independent
82+13 living arrangements as provided in IC 31-28-5.8-5.5; or
83+14 (D) reunification of a child with a parent, guardian, or
84+15 custodian as provided in IC 31-34-21-5.5.
85+16 (5) A person for whom a national criminal history background
86+17 check is required for the licensing of a group home, child caring
87+18 institution, child placing agency, or foster home under IC 31-27.
88+19 (6) A person for whom a national criminal history background
89+20 check is required for determining the individual's suitability as an
90+21 employee of a contractor of the state under section 38.5(a)(1) of
91+22 this chapter.
92+23 (c) A qualified entity must submit a request under subsection (b) in
93+24 the form required by the department and provide a set of the person's
94+25 fingerprints and any required fees with the request.
95+26 (d) If a qualified entity makes a request in conformity with
96+27 subsection (b), the department shall submit the set of fingerprints
97+28 provided with the request to the Federal Bureau of Investigation for a
98+29 national criminal history background check. The department shall
99+30 respond to the request in conformity with:
100+31 (1) the requirements of 42 U.S.C. 5119a; and
101+32 (2) the regulations prescribed by the Attorney General of the
102+33 United States under 42 U.S.C. 5119a.
103+34 (e) Subsection (f):
104+35 (1) applies to a qualified entity that:
105+36 (A) is not a school corporation or a special education
106+37 cooperative; or
107+38 (B) is a school corporation or a special education cooperative
108+39 and seeks a national criminal history background check for a
109+40 volunteer; and
110+41 (2) does not apply to a qualified entity that is a:
111+42 (A) home health agency licensed under IC 16-27-1; or
112+ES 342—LS 7237/DI 106 3
113+1 (B) personal services agency licensed under IC 16-27-4.
114+2 (f) After receiving the results of a national criminal history
115+3 background check from the Federal Bureau of Investigation, the
116+4 department shall make a determination whether the person who is the
117+5 subject of a request has been convicted of:
118+6 (1) an offense described in IC 20-26-5-11; IC 20-26-5-11.2;
119+7 (2) in the case of a foster family home, a nonwaivable offense as
120+8 defined in IC 31-9-2-84.8;
121+9 (3) in the case of a prospective adoptive home, a nonwaivable
122+10 offense under IC 31-9-2-84.8;
123+11 (4) any other felony; or
124+12 (5) any misdemeanor;
125+13 and convey the determination to the requesting qualified entity.
126+14 (g) This subsection applies to a qualified entity that:
127+15 (1) is a school corporation or a special education cooperative; and
128+16 (2) seeks a national criminal history background check to
129+17 determine whether to employ or continue the employment of a
130+18 certificated employee, a noncertificated employee, or an adjunct
131+19 teacher who holds a permit under IC 20-28-5-27 of a school
132+20 corporation or an equivalent position with a special education
133+21 cooperative.
134+22 After receiving the results of a national criminal history background
135+23 check from the Federal Bureau of Investigation, the department may
136+24 exchange identification records concerning convictions for offenses
137+25 described in IC 20-26-5-11 IC 20-26-5-11.2 with the school
138+26 corporation or special education cooperative solely for purposes of
139+27 making an employment determination. The exchange may be made
140+28 only for the official use of the officials with authority to make the
141+29 employment determination. The exchange is subject to the restrictions
142+30 on dissemination imposed under P.L.92-544, (86 Stat. 1115) (1972).
143+31 (h) This subsection applies to a qualified entity (as defined in
144+32 IC 10-13-3-16) that is a public agency under IC 5-14-1.5-2(a)(1). After
145+33 receiving the results of a national criminal history background check
146+34 from the Federal Bureau of Investigation, the department shall provide
147+35 a copy to the public agency. Except as permitted by federal law, the
148+36 public agency may not share the information contained in the national
149+37 criminal history background check with a private agency.
150+38 (i) This subsection applies to a qualified entity that is a:
151+39 (1) home health agency licensed under IC 16-27-1; or
152+40 (2) personal services agency licensed under IC 16-27-4.
153+41 After receiving the results of a national criminal history background
154+42 check from the Federal Bureau of Investigation, the department shall
155+ES 342—LS 7237/DI 106 4
156+1 make a determination whether the applicant has been convicted of an
157+2 offense described in IC 16-27-2-5(a) and convey the determination to
158+3 the requesting qualified entity.
159+4 (j) The department:
160+5 (1) may permanently retain an applicant's fingerprints submitted
161+6 under this section; and
162+7 (2) shall retain the applicant's fingerprints separately from
163+8 fingerprints collected under section 24 of this chapter.
164+9 SECTION 2. IC 20-26-5-10, AS AMENDED BY P.L.125-2022,
165+10 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
166+11 JULY 1, 2023]: Sec. 10. (a) This section applies to a:
167+12 (1) school corporation;
168+13 (2) charter school; or
169+14 (3) nonpublic school that employs one (1) or more employees.
170+15 (b) A school corporation, a charter school, and a nonpublic school
171+16 shall adopt a policy concerning criminal history information for
172+17 individuals who:
173+18 (1) apply for:
174+19 (A) employment with the school corporation, charter school,
175+20 or nonpublic school; or
176+21 (B) employment with an entity with which the school
177+22 corporation, charter school, or nonpublic school contracts for
178+23 services;
179+24 (2) seek to enter into a contract to provide services to the school
180+25 corporation, charter school, or nonpublic school; or
181+26 (3) are employed by an entity that seeks to enter into a contract to
182+27 provide services to the school corporation, charter school, or
183+28 nonpublic school;
184+29 if the individuals are likely to have direct, ongoing contact with
185+30 children within the scope of the individuals' employment.
186+31 (c) Except as provided in subsections (f) and (g), a school
187+32 corporation, a charter school, and a nonpublic school shall administer
188+33 a policy adopted under this section uniformly for all individuals to
189+34 whom the policy applies.
190+35 (d) A policy adopted under this section must require that the school
191+36 corporation, charter school, or nonpublic school conduct an expanded
192+37 criminal history check concerning each applicant for employment who
193+38 is likely to have direct, ongoing contact with children within the scope
194+39 of the individual's employment before or not later than thirty (30) days
195+40 after the start date of the applicant's employment by the school
196+41 corporation, charter school, or nonpublic school. If a vendor
197+42 providing an expanded criminal history check offers more than one
198+ES 342—LS 7237/DI 106 5
199+1 (1) type of expanded criminal history check, the policy shall
200+2 require that the school corporation, charter school, or nonpublic
201+3 school evaluate all available types of criminal history check and
202+4 determine whether a more comprehensive expanded criminal
203+5 history check would better protect the students.
204+6 (e) A policy adopted under this section:
205+7 (1) must require that the school corporation, charter school, or
206+8 nonpublic school conduct an Indiana expanded child protection
207+9 index check; and
208+10 (2) may require that the school corporation, charter school, or
209+11 nonpublic school conduct an expanded child protection index
210+12 check in other states;
211+13 concerning each applicant for employment who is likely to have direct,
212+14 ongoing contact with children within the scope of the individual's
213+15 employment. An Indiana expanded child protection index check must
214+16 be completed before or not later than sixty (60) days after the start date
215+17 of the applicant's employment by the school corporation, charter
216+18 school, or nonpublic school.
217+19 (f) A policy adopted under this section must state that the school
218+20 corporation, charter school, or nonpublic school requires an expanded
219+21 criminal history check concerning an employee of the school
220+22 corporation, charter school, or nonpublic school who is likely to have
221+23 direct, ongoing contact with children within the scope of the
222+24 employee's employment. The checks must be conducted every five (5)
223+25 years. A school corporation, charter school, or nonpublic school may
224+26 adopt a policy to require an employee to obtain an expanded child
225+27 protection index check every five (5) years.
226+28 (g) In implementing subsection (f), and subject to subsection (j), a
227+29 school corporation, charter school, or nonpublic school may update the
228+30 checks required under subsection (f) for employees who are employed
229+31 by the school corporation, charter school, or nonpublic school as of
230+32 July 1, 2017, over a period not to exceed five (5) years by annually
231+33 conducting updated expanded criminal history checks and expanded
232+34 child protection index checks for at least one-fifth (1/5) of the number
233+35 of employees who are employed by the school corporation, charter
234+36 school, or nonpublic school on July 1, 2017.
235+37 (h) An applicant or employee may be required to provide a written
236+38 consent for the school corporation, charter school, or nonpublic school
237+39 to request an expanded criminal history check and an expanded child
238+40 protection index check concerning the individual before the
239+41 individual's employment by the school corporation, charter school, or
240+42 nonpublic school. The school corporation, charter school, or nonpublic
241+ES 342—LS 7237/DI 106 6
242+1 school may require the individual to provide a set of fingerprints and
243+2 pay any fees required for the expanded criminal history check and
244+3 expanded child protection index check. Each applicant for employment
245+4 or employee described in subsection (f) may be required:
246+5 (1) at the time the individual applies or updates an expanded
247+6 criminal history check under subsection (f); or
248+7 (2) while an expanded criminal history check or expanded child
249+8 protection index check is being conducted;
250+9 to answer questions concerning the individual's expanded criminal
251+10 history check and expanded child protection index check. The failure
252+11 to answer honestly questions asked under this subsection is grounds for
253+12 termination of the employee's employment.
254+13 (i) An applicant is responsible for all costs associated with obtaining
255+14 the expanded criminal history check and expanded child protection
256+15 index check unless the school corporation, charter school, or nonpublic
257+16 school agrees to pay the costs. A school corporation, charter school, or
258+17 nonpublic school may agree to pay the costs associated with obtaining
259+18 an expanded criminal history background check for an employee. An
260+19 employee of a school corporation, charter school, or nonpublic school
261+20 may not be required to pay the costs of an expanded child protection
262+21 index check.
263+22 (j) An applicant or employee may not be required by a school
264+23 corporation, charter school, or nonpublic school to obtain an expanded
265+24 criminal history check more than one (1) time during a five (5) year
266+25 period. However, a school corporation, charter school, or nonpublic
267+26 school may obtain an expanded criminal history check or an expanded
268+27 child protection index check at any time if the school corporation,
269+28 charter school, or nonpublic school has reason to believe that the
270+29 applicant or employee:
271+30 (1) is the subject of a substantiated report of child abuse or
272+31 neglect; or
273+32 (2) has been charged with or convicted of a crime listed in section
274+33 11(b) 11.2(b) of this chapter or IC 20-28-5-8(c).
275+34 (k) As used in this subsection, "offense requiring license revocation"
276+35 means an offense listed in IC 20-28-5-8(c). A policy adopted under this
277+36 section must prohibit a school corporation, charter school, or nonpublic
278+37 school from:
279+38 (1) hiring;
280+39 (2) continuing the employment of;
281+40 (3) contracting with; or
282+41 (4) continuing to contract with;
283+42 a person who has been convicted of an offense requiring license
284+ES 342—LS 7237/DI 106 7
285+1 revocation, unless the conviction has been reversed, vacated, or set
286+2 aside on appeal.
287+3 (l) Information obtained under this section must be used in
288+4 accordance with law.
289+5 SECTION 3. IC 20-26-5-11 IS REPEALED [EFFECTIVE JULY 1,
290+6 2023]. Sec. 11. (a) This section applies to:
291+7 (1) a school corporation;
292+8 (2) a charter school; and
293+9 (3) an entity:
294+10 (A) with which the school corporation contracts for services;
295+11 and
296+12 (B) that has employees who are likely to have direct, ongoing
297+13 contact with children within the scope of the employees'
298+14 employment.
299+15 (b) Subject to section 10(k) of this chapter and subsection (f), a
300+16 school corporation, charter school, or entity shall consider whether
301+17 information obtained under section 10 of this chapter concerning an
302+18 individual's conviction for one (1) of the following offenses constitutes
303+19 grounds to not employ, to not contract with, or to terminate the
304+20 employment of or contract with the individual:
305+21 (1) Murder (IC 35-42-1-1).
306+22 (2) Causing suicide (IC 35-42-1-2).
307+23 (3) Assisting suicide (IC 35-42-1-2.5).
308+24 (4) Voluntary manslaughter (IC 35-42-1-3).
309+25 (5) Reckless homicide (IC 35-42-1-5).
310+26 (6) Battery (IC 35-42-2-1) unless ten (10) years have elapsed from
311+27 the date the individual was discharged from probation,
312+28 imprisonment, or parole, whichever is later.
313+29 (7) Aggravated battery (IC 35-42-2-1.5).
314+30 (8) Kidnapping (IC 35-42-3-2).
315+31 (9) Criminal confinement (IC 35-42-3-3).
316+32 (10) A sex offense under IC 35-42-4 (including criminal deviate
317+33 conduct (IC 35-42-4-2) (before its repeal)).
318+34 (11) Carjacking (IC 35-42-5-2) (repealed).
319+35 (12) Arson (IC 35-43-1-1), unless ten (10) years have elapsed
320+36 from the date the individual was discharged from probation,
321+37 imprisonment, or parole, whichever is later.
322+38 (13) Incest (IC 35-46-1-3).
323+39 (14) Neglect of a dependent as a Class B felony (for a crime
324+40 committed before July 1, 2014) or a Level 1 felony or Level 3
325+41 felony (for a crime committed after June 30, 2014)
326+42 (IC 35-46-1-4(b)(2)), unless ten (10) years have elapsed from the
327+ES 342—LS 7237/DI 106 8
328+1 date the individual was discharged from probation, imprisonment,
329+2 or parole, whichever is later.
330+3 (15) Child selling (IC 35-46-1-4(d)).
331+4 (16) Contributing to the delinquency of a minor (IC 35-46-1-8),
332+5 unless ten (10) years have elapsed from the date the individual
333+6 was discharged from probation, imprisonment, or parole,
334+7 whichever is later.
335+8 (17) An offense involving a weapon under IC 35-47 or
336+9 IC 35-47.5, unless ten (10) years have elapsed from the date the
337+10 individual was discharged from probation, imprisonment, or
338+11 parole, whichever is later.
339+12 (18) An offense relating to controlled substances under
340+13 IC 35-48-4, unless ten (10) years have elapsed from the date the
341+14 individual was discharged from probation, imprisonment, or
342+15 parole, whichever is later.
343+16 (19) An offense relating to material or a performance that is
344+17 harmful to minors or obscene under IC 35-49-3, unless ten (10)
345+18 years have elapsed from the date the individual was discharged
346+19 from probation, imprisonment, or parole, whichever is later.
347+20 (20) An offense relating to operating a motor vehicle while
348+21 intoxicated under IC 9-30-5, unless five (5) years have elapsed
349+22 from the date the individual was discharged from probation,
350+23 imprisonment, or parole, whichever is later.
351+24 (21) Domestic battery (IC 35-42-2-1.3), unless ten (10) years have
352+25 elapsed from the date the individual was discharged from
353+26 probation, imprisonment, or parole, whichever is latest.
354+27 (22) Public indecency (IC 35-45-4-1) committed:
355+28 (A) after June 30, 2003; or
356+29 (B) before July 1, 2003, if the person committed the offense
357+30 by, in a public place:
358+31 (i) engaging in sexual intercourse or other sexual conduct
359+32 (as defined in IC 35-31.5-2-221.5);
360+33 (ii) appearing in a state of nudity with the intent to arouse
361+34 the sexual desires of the person or another person, or being
362+35 at least eighteen (18) years of age, with the intent to be seen
363+36 by a child less than sixteen (16) years of age; or
364+37 (iii) fondling the person's genitals or the genitals of another
365+38 person.
366+39 In the event that an entity described in subsection (a)(3) obtains
367+40 information that an individual employed by the entity who works at a
368+41 particular school corporation or charter school has been convicted of
369+42 an offense described in this subsection, the entity shall immediately
370+ES 342—LS 7237/DI 106 9
371+1 notify the school corporation or charter school of the employee's
372+2 conviction.
373+3 (c) An individual employed by a school corporation, charter school,
374+4 or entity described in subsection (a) shall notify the governing body of
375+5 the school corporation, if during the course of the individual's
376+6 employment, the individual is convicted in Indiana or another
377+7 jurisdiction of an offense described in subsection (b).
378+8 (d) A school corporation, charter school, or entity may use
379+9 information obtained under section 10 of this chapter concerning an
380+10 individual being the subject of a substantiated report of child abuse or
381+11 neglect as grounds to not employ or contract with the individual.
382+12 (e) An individual employed by a school corporation, charter school,
383+13 or entity described in subsection (a) shall notify the governing body of
384+14 the school corporation, if during the course of the individual's
385+15 employment, the individual is the subject of a substantiated report of
386+16 child abuse or neglect.
387+17 (f) A school corporation, charter school, or entity is not required to
388+18 consider whether information concerning an individual's conviction
389+19 constitutes grounds to:
390+20 (1) not employ;
391+21 (2) not contract with; or
392+22 (3) terminate the employment of or contract with;
393+23 an individual under subsection (b) if the individual's conviction is
394+24 reversed, vacated, or set aside.
395+25 (g) Nothing in this section prohibits a school corporation, charter
396+26 school, or entity from establishing procedures to verify the accuracy of
397+27 the information obtained under section 10 of this chapter concerning
398+28 an individual's conviction.
399+29 SECTION 4. IC 20-26-5-11.2 IS ADDED TO THE INDIANA
400+30 CODE AS A NEW SECTION TO READ AS FOLLOWS
401+31 [EFFECTIVE JULY 1, 2023]: Sec. 11.2. (a) This section applies to:
402+32 (1) a school corporation;
403+33 (2) a charter school;
404+34 (3) a state accredited nonpublic school; and
405+35 (4) an entity with which the school corporation, charter
406+36 school, or state accredited nonpublic school contracts for
407+37 services;
408+38 concerning employees of the school corporation, charter school,
409+39 state accredited nonpublic school, or entity who are likely to have
410+40 direct, ongoing contact with children within the scope of the
411+41 employees' employment.
412+42 (b) Subject to section 10(k) of this chapter and subsection (f), a
413+ES 342—LS 7237/DI 106 10
414+1 school corporation, charter school, state accredited nonpublic
415+2 school, or entity may not employ or contract with, and shall
416+3 terminate the employment of or contract with, an individual
417+4 convicted of any of the following offenses:
418+5 (1) Murder (IC 35-42-1-1).
419+6 (2) Causing suicide (IC 35-42-1-2).
420+7 (3) Assisting suicide (IC 35-42-1-2.5).
421+8 (4) Voluntary manslaughter (IC 35-42-1-3).
422+9 (5) Aggravated battery (IC 35-42-2-1.5).
423+10 (6) Kidnapping (IC 35-42-3-2).
424+11 (7) A sex offense (as defined in IC 11-8-8-5.2).
425+12 (8) Carjacking (IC 35-42-5-2) (repealed).
426+13 (9) Arson (IC 35-43-1-1).
427+14 (10) Public indecency (IC 35-45-4-1(a)(3), IC 35-45-4-1(a)(4),
428+15 and IC 35-45-4-1(b)) committed:
429+16 (A) after June 30, 2003; or
430+17 (B) before July 1, 2003, if the person committed the offense
431+18 by, in a public place, engaging in sexual intercourse or
432+19 other sexual conduct (as defined in IC 35-31.5-2-221.5).
433+20 (11) Neglect of a dependent as a Class B felony (for a crime
434+21 committed before July 1, 2014) or a Level 1 felony or Level 3
435+22 felony (for a crime committed after June 30, 2014)
436+23 (IC 35-46-1-4(b)(2) and IC 35-46-1-4(b)(3)).
437+24 (12) Child selling (IC 35-46-1-4(d)).
438+25 (13) An offense relating to material or a performance that is
439+26 harmful to minors or obscene under IC 35-49-3.
440+27 If an entity described in subsection (a)(4) obtains information that
441+28 an individual employed by the entity who works at a particular
442+29 school corporation, charter school, or state accredited nonpublic
443+30 school has been convicted of an offense described in this subsection,
444+31 the entity shall immediately notify the school corporation, charter
445+32 school, or state accredited nonpublic school of the employee's
446+33 conviction.
447+34 (c) After June 30, 2023, a school corporation, charter school,
448+35 state accredited nonpublic school, or entity may employ or contract
449+36 with an individual convicted of any of the following offenses if a
450+37 majority of the members elected or appointed to the governing
451+38 body of the school corporation, or the equivalent body for a
452+39 charter school, approves the employment or contract as a separate,
453+40 special agenda item, or if the school administrator of a state
454+41 accredited nonpublic school informs the administrator's
455+42 appointing authority of the hiring:
456+ES 342—LS 7237/DI 106 11
457+1 (1) An offense relating to operating a motor vehicle while
458+2 intoxicated under IC 9-30-5.
459+3 (2) Reckless homicide (IC 35-42-1-5).
460+4 (3) Battery (IC 35-42-2-1).
461+5 (4) Domestic battery (IC 35-42-2-1.3).
462+6 (5) Criminal confinement (IC 35-42-3-3).
463+7 (6) Public indecency (IC 35-45-4-1(a)(1) or IC 35-45-4-1(a)(2))
464+8 committed:
465+9 (A) after June 30, 2003; or
466+10 (B) before July 1, 2003, if the person committed the offense
467+11 by, in a public place, engaging in sexual intercourse or
468+12 other sexual conduct (as defined in IC 35-31.5-2-221.5).
469+13 (7) Contributing to the delinquency of a minor (IC 35-46-1-8).
470+14 (8) An offense involving a weapon under IC 35-47 or
471+15 IC 35-47.5.
472+16 (9) An offense relating to controlled substances under
473+17 IC 35-48-4, other than an offense involving marijuana or
474+18 paraphernalia used to consume marijuana.
475+19 (d) An individual employed by a school corporation, charter
476+20 school, state accredited nonpublic school, or entity described in
477+21 subsection (a) shall notify the governing body of the school, if
478+22 during the course of the individual's employment, the individual:
479+23 (1) is convicted in Indiana or another jurisdiction of an
480+24 offense described in subsection (b) or subsection (c); or
481+25 (2) is the subject of a substantiated report of child abuse or
482+26 neglect.
483+27 (e) A school corporation, charter school, state accredited
484+28 nonpublic school, or entity may use information obtained under
485+29 section 10 of this chapter concerning an individual being the
486+30 subject of a substantiated report of child abuse or neglect as
487+31 grounds to not employ or contract with the individual.
488+32 (f) A school corporation, charter school, state accredited
489+33 nonpublic school, or entity is not required to consider whether
490+34 information concerning an individual's conviction:
491+35 (1) requires the school or entity to:
492+36 (A) not employ; or
493+37 (B) not contract with; or
494+38 (2) constitutes grounds to terminate the employment of or
495+39 contract with;
496+40 an individual under subsection (b) if the individual's conviction is
497+41 reversed, vacated, or set aside.
498+42 (g) Nothing in this section prohibits a school corporation,
499+ES 342—LS 7237/DI 106 12
500+1 charter school, state accredited nonpublic school, or entity from
501+2 establishing procedures to verify the accuracy of the information
502+3 obtained under section 10 of this chapter concerning an
503+4 individual's conviction.
504+5 (h) A school corporation, charter school, or state accredited
505+6 nonpublic school may not hire or contract with an individual:
506+7 (1) who is required to wear an ankle monitor as the result of
507+8 a criminal conviction;
508+9 (2) who entered into an agreement to settle an allegation of
509+10 misconduct relating to the health, safety, or well-being of a
510+11 student at a school corporation, charter school, or state
511+12 accredited nonpublic school, if the agreement included a
512+13 nondisclosure agreement covering the alleged misconduct; or
513+14 (3) who, in an academic environment, engaged in a course of
514+15 conduct involving repeated or continuing contact with a child
515+16 that is intended to prepare or condition the child for sexual
516+17 activity (as defined in IC 35-42-4-13);
517+18 unless a majority of the members elected or appointed to the
518+19 governing body of the school corporation, or the equivalent body
519+20 for a charter school, approves the hire or contract as a separate,
520+21 special agenda item, or unless the school administrator of a state
521+22 accredited nonpublic school informs the administrator's
522+23 appointing authority of the hiring.
523+24 (i) For purposes of subsection (h), "misconduct relating to the
524+25 health, safety, or well-being of a student" includes:
525+26 (1) engaging in a pattern of flirtatious or otherwise
526+27 inappropriate comments;
527+28 (2) making any effort to gain unreasonable access to, and time
528+29 alone with, any student with no discernable educational
529+30 purpose;
530+31 (3) engaging in any behavior that can reasonably be construed
531+32 as involving an inappropriate and overly personal and
532+33 intimate relationship with, conduct toward, or focus on a
533+34 student;
534+35 (4) telling explicit sexual jokes and stories;
535+36 (5) making sexually related comments;
536+37 (6) engaging in sexual kidding or teasing;
537+38 (7) engaging in sexual innuendos or making comments with
538+39 double entendre;
539+40 (8) inappropriate physical touching;
540+41 (9) using spoken, written, or any electronic communication to
541+42 importune, invite, participate with, or entice a person to
542+ES 342—LS 7237/DI 106 13
543+1 expose or touch the person's own or another person's intimate
544+2 body parts or to observe the student's intimate body parts via
545+3 any form of computer network or system, any social media
546+4 platform, telephone network, or data network or by text
547+5 message or instant messaging;
548+6 (10) sexual advances or requests for sexual favors;
549+7 (11) physical or romantic relationship including but not
550+8 limited to sexual intercourse or oral sexual intercourse;
551+9 (12) discussion of one's personal romantic or sexual feelings
552+10 or activities;
553+11 (13) discussion, outside of a professional teaching or
554+12 counseling context endorsed or required by an employing
555+13 school district, of a student's romantic or sexual feelings or
556+14 activities;
557+15 (14) displaying, sharing, or transmitting pornographic or
558+16 sexually explicit materials;
559+17 (15) any physical contact that the student previously has
560+18 indicated is unwelcome, unless such contact is professionally
561+19 required, such as to teach a sport or other skill, or to protect
562+20 the safety of the student or others;
563+21 (16) other than for purposes of addressing student dress code
564+22 violations or concerns, referencing the physical appearance or
565+23 clothes of a student in a way that could be interpreted as
566+24 sexual; and
567+25 (17) self-disclosure or physical exposure of a sexual, romantic,
568+26 or erotic nature.
569+27 SECTION 5. IC 20-26-5-11.5, AS ADDED BY P.L.106-2016,
570+28 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
571+29 JULY 1, 2023]: Sec. 11.5. (a) As used in this section, "school"
572+30 includes:
573+31 (1) a charter school, as defined in IC 20-24-1-4;
574+32 (2) a nonpublic school, as defined in IC 20-18-2-12, that employs
575+33 one (1) or more employees;
576+34 (3) a public school, as defined in IC 20-18-2-15(1); and
577+35 (4) an entity in another state that carries out a function similar to
578+36 an entity described in subdivisions (1) through (3).
579+37 (b) Notwithstanding any confidentiality agreement entered into by
580+38 a school and an employee of the school, a school that receives a request
581+39 for an employment reference, from another school, for a current or
582+40 former employee, shall disclose to the requesting school any incident
583+41 known by the school in which the employee committed an act resulting
584+42 in a substantiated report of abuse or neglect under IC 31-6 (before its
585+ES 342—LS 7237/DI 106 14
586+1 repeal) or IC 31-33 if the employee is likely to have direct, ongoing
587+2 contact with children within the scope of the employee's new
588+3 employment.
589+4 (c) A school may not disclose information under this section that:
590+5 (1) identifies a student; or
591+6 (2) is confidential student information under the federal Family
592+7 Education Rights and Privacy Act (20 U.S.C. 1232g et seq.).
593+8 (d) A confidentiality agreement entered into or amended after June
594+9 30, 2016, by a school and an employee is not enforceable against the
595+10 school if the employee committed an act resulting in a substantiated
596+11 report of abuse or neglect under IC 31-6 (before its repeal) or IC 31-33.
597+12 (e) Notwithstanding any confidentiality agreement entered into
598+13 by a school and an employee of the school, a school that receives a
599+14 request for an employment reference, from another school, for a
600+15 current or former employee, shall disclose to the requesting school
601+16 any incident known by the school in which the employee was:
602+17 (1) arrested;
603+18 (2) charged with a criminal offense;
604+19 (3) convicted of a criminal offense;
605+20 (4) under court supervision or the supervision of a community
606+21 correction program as the result of a conviction for a criminal
607+22 offense (including being placed on home detention, work
608+23 release, or intermittent incarceration);
609+24 (5) the subject of a protection order; or
610+25 (6) named as a defendant in a civil action if the civil action
611+26 could affect the safety of students;
612+27 if the employee is likely to have direct, ongoing contact with
613+28 children within the scope of the employee's new employment. This
614+29 provision of this subsection concerning a confidentiality agreement
615+30 applies to a confidentiality agreement entered into or amended
616+31 after June 30, 2023.
617+ES 342—LS 7237/DI 106 15
618+COMMITTEE REPORT
619+Madam President: The Senate Committee on Education and Career
620+Development, to which was referred Senate Bill No. 342, has had the
621+same under consideration and begs leave to report the same back to the
622+Senate with the recommendation that said bill DO PASS.
623+ (Reference is to SB 342 as introduced.)
624+
625+RAATZ, Chairperson
626+Committee Vote: Yeas 9, Nays 4
627+_____
628+SENATE MOTION
629+Madam President: I move that Senate Bill 342 be amended to read
630+as follows:
631+Page 1, between the enacting clause and line 1, begin a new
632+paragraph and insert:
633+"SECTION 1. IC 20-26-5-10, AS AMENDED BY P.L.125-2022,
634+SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
635+JULY 1, 2023]: Sec. 10. (a) This section applies to a:
636+(1) school corporation;
637+(2) charter school; or
638+(3) nonpublic school that employs one (1) or more employees.
639+(b) A school corporation, a charter school, and a nonpublic school
640+shall adopt a policy concerning criminal history information for
641+individuals who:
642+(1) apply for:
643+(A) employment with the school corporation, charter school,
644+or nonpublic school; or
645+(B) employment with an entity with which the school
646+corporation, charter school, or nonpublic school contracts for
647+services;
648+(2) seek to enter into a contract to provide services to the school
649+corporation, charter school, or nonpublic school; or
650+(3) are employed by an entity that seeks to enter into a contract to
651+provide services to the school corporation, charter school, or
652+nonpublic school;
653+if the individuals are likely to have direct, ongoing contact with
654+children within the scope of the individuals' employment.
655+(c) Except as provided in subsections (f) and (g), a school
656+ES 342—LS 7237/DI 106 16
657+corporation, a charter school, and a nonpublic school shall administer
658+a policy adopted under this section uniformly for all individuals to
659+whom the policy applies.
660+(d) A policy adopted under this section must require that the school
661+corporation, charter school, or nonpublic school conduct an expanded
662+criminal history check concerning each applicant for employment who
663+is likely to have direct, ongoing contact with children within the scope
664+of the individual's employment before or not later than thirty (30) days
665+after the start date of the applicant's employment by the school
666+corporation, charter school, or nonpublic SCHOOL. If a vendor
667+providing an expanded criminal history check offers more than one
668+(1) type of expanded criminal history check, the policy shall
669+require that the school corporation, charter school, or nonpublic
670+school evaluate all available types of criminal history check and
671+determine whether a more comprehensive expanded criminal
672+history check would better protect the students.
673+(e) A policy adopted under this section:
674+(1) must require that the school corporation, charter school, or
675+nonpublic school conduct an Indiana expanded child protection
676+index check; and
677+(2) may require that the school corporation, charter school, or
678+nonpublic school conduct an expanded child protection index
679+check in other states;
680+concerning each applicant for employment who is likely to have direct,
681+ongoing contact with children within the scope of the individual's
682+employment. An Indiana expanded child protection index check must
683+be completed before or not later than sixty (60) days after the start date
684+of the applicant's employment by the school corporation, charter
685+school, or nonpublic school.
686+(f) A policy adopted under this section must state that the school
687+corporation, charter school, or nonpublic school requires an expanded
688+criminal history check concerning an employee of the school
689+corporation, charter school, or nonpublic school who is likely to have
690+direct, ongoing contact with children within the scope of the
691+employee's employment. The checks must be conducted every five (5)
692+years. A school corporation, charter school, or nonpublic school may
693+adopt a policy to require an employee to obtain an expanded child
694+protection index check every five (5) years.
695+(g) In implementing subsection (f), and subject to subsection (j), a
696+school corporation, charter school, or nonpublic school may update the
697+checks required under subsection (f) for employees who are employed
698+by the school corporation, charter school, or nonpublic school as of
699+ES 342—LS 7237/DI 106 17
700+July 1, 2017, over a period not to exceed five (5) years by annually
701+conducting updated expanded criminal history checks and expanded
702+child protection index checks for at least one-fifth (1/5) of the number
703+of employees who are employed by the school corporation, charter
704+school, or nonpublic school on July 1, 2017.
705+(h) An applicant or employee may be required to provide a written
706+consent for the school corporation, charter school, or nonpublic school
707+to request an expanded criminal history check and an expanded child
708+protection index check concerning the individual before the
709+individual's employment by the school corporation, charter school, or
710+nonpublic school. The school corporation, charter school, or nonpublic
711+school may require the individual to provide a set of fingerprints and
712+pay any fees required for the expanded criminal history check and
713+expanded child protection index check. Each applicant for employment
714+or employee described in subsection (f) may be required:
715+(1) at the time the individual applies or updates an expanded
716+criminal history check under subsection (f); or
717+(2) while an expanded criminal history check or expanded child
718+protection index check is being conducted;
719+to answer questions concerning the individual's expanded criminal
720+history check and expanded child protection index check. The failure
721+to answer honestly questions asked under this subsection is grounds for
722+termination of the employee's employment.
723+(i) An applicant is responsible for all costs associated with obtaining
724+the expanded criminal history check and expanded child protection
725+index check unless the school corporation, charter school, or nonpublic
726+school agrees to pay the costs. A school corporation, charter school, or
727+nonpublic school may agree to pay the costs associated with obtaining
728+an expanded criminal history background check for an employee. An
729+employee of a school corporation, charter school, or nonpublic school
730+may not be required to pay the costs of an expanded child protection
731+index check.
732+(j) An applicant or employee may not be required by a school
733+corporation, charter school, or nonpublic school to obtain an expanded
734+criminal history check more than one (1) time during a five (5) year
735+period. However, a school corporation, charter school, or nonpublic
736+school may obtain an expanded criminal history check or an expanded
737+child protection index check at any time if the school corporation,
738+charter school, or nonpublic school has reason to believe that the
739+applicant or employee:
740+(1) is the subject of a substantiated report of child abuse or
741+neglect; or
742+ES 342—LS 7237/DI 106 18
743+(2) has been charged with or convicted of a crime listed in section
744+11(b) of this chapter or IC 20-28-5-8(c).
745+(k) As used in this subsection, "offense requiring license revocation"
746+means an offense listed in IC 20-28-5-8(c). A policy adopted under this
747+section must prohibit a school corporation, charter school, or nonpublic
748+school from:
749+(1) hiring;
750+(2) continuing the employment of;
751+(3) contracting with; or
752+(4) continuing to contract with;
753+a person who has been convicted of an offense requiring license
754+revocation, unless the conviction has been reversed, vacated, or set
755+aside on appeal.
756+(l) Information obtained under this section must be used in
757+accordance with law.".
758+Page 1, line 12, strike "(f)," and insert "(g), and except as provided
759+in subsection (c),".
760+Page 2, line 9, delete "(IC 35-42-2-1)" and insert "(IC 35-42-2-1).".
761+Page 2, line 9, strike "unless ten (10) years have elapsed from".
762+Page 2, strike lines 10 through 11.
763+Page 2, line 18, delete "(IC 35-43-1-1)," and insert "(IC
764+35-43-1-1).".
765+Page 2, line 18, strike "unless ten (10) years have elapsed".
766+Page 2, strike lines 19 through 20.
767+Page 2, line 24, delete "(IC" and insert "(IC 35-46-1-4(b)(2)).".
768+Page 2, line 25, delete "35-46-1-4(b)(2)),".
769+Page 2, line 25, strike "unless ten (10) years have elapsed from the
770+date".
771+Page 2, strike lines 26 through 27.
772+Page 2, line 29, delete "(IC 35-46-1-8)," and insert "(IC
773+35-46-1-8).".
774+Page 2, strike lines 30 through 32.
775+Page 2, line 34, delete "IC 35-47.5," and insert "IC 35-47.5.".
776+Page 2, line 34, strike "unless ten (10) years have elapsed from the
777+date the".
778+Page 2, strike lines 35 through 36.
779+Page 2, line 38, strike "unless ten (10) years have elapsed from the
780+date the".
781+Page 2, strike line 39.
782+Page 2, line 40, strike "parole, whichever is later." and insert "other
783+than an offense involving marijuana or paraphernalia used to
784+consume marijuana.".
785+ES 342—LS 7237/DI 106 19
786+Page 2, line 42, delete "IC 35-49-3," and insert "IC 35-49-3.".
787+Page 2, line 42, strike "unless ten (10)".
788+Page 3, strike lines 1 through 2.
789+Page 3, line 4, delete "IC 9-30-5," and insert "IC 9-30-5.".
790+Page 3, line 4, strike "unless five (5) years have elapsed".
791+Page 3, strike lines 5 through 6.
792+Page 3, line 7, delete "(IC 35-42-2-1.3)," and insert "(IC
793+35-42-2-1.3).".
794+Page 3, line 7, strike "unless ten (10) years have".
795+Page 3, strike lines 8 through 9.
796+Page 3, between lines 27 and 28, begin a new paragraph and insert:
797+"(c) This subsection does not apply to the following offenses:
798+(1) Murder (IC 35-42-1-1).
799+(2) Causing suicide (IC 35-42-1-2).
800+(3) Assisting suicide (IC 35-42-1-2.5).
801+(4) Voluntary manslaughter (IC 35-42-1-3).
802+(5) Aggravated battery (IC 35-42-2-1.5).
803+(6) Kidnapping (IC 35-42-3-2).
804+(7) A sex offense under IC 35-42-4 (including criminal deviate
805+conduct (IC 35-42-4-2) (before its repeal)).
806+(8) Carjacking (IC 35-42-5-2) (repealed).
807+(9) Arson (IC 35-43-1-1).
808+(10) Incest (IC 35-46-1-3).
809+(11) Neglect of a dependent as a Class B felony (for a crime
810+committed before July 1, 2014) or a Level 1 felony or Level 3
811+felony (for a crime committed after June 30, 2014) (IC
812+35-46-1-4(b)(2)).
813+(12) Child selling (IC 35-46-1-4(d)).
814+(13) An offense relating to material or a performance that is
815+harmful to minors or obscene under IC 35-49-3.
816+A school corporation or charter school may employ or contract
817+with an individual convicted of an offense described in subsection
818+(b) if a majority of the members elected or appointed to the school
819+board, or the equivalent body for a charter school, approves the
820+employment or contract.".
821+Page 3, line 28, strike "(c)" and insert "(d)".
822+Page 3, line 33, strike "(d)" and insert "(e)".
823+Page 3, line 37, strike "(e)" and insert "(f)".
824+Page 3, line 42, strike "(f)" and insert "(g)".
825+Page 4, line 3, after "school" insert "or entity".
826+Page 4, line 10, strike "(g)" and insert "(h)".
827+Page 4, line 14, delete "(h)" and insert "(i)".
828+ES 342—LS 7237/DI 106 20
829+Page 4, line 14, delete "corporation, charter school, or nonpublic"
830+and insert "corporation or charter".
831+Page 4, line 19, after "misconduct" insert "relating to the health,
832+safety, or well-being of a student".
833+Page 4, line 19, delete "corporation, charter school, or" and insert
834+"corporation or charter school".
835+Page 4, line 20, delete "nonpublic school".
836+Page 4, line 26, delete "board," and insert "board".
837+Page 4, line 27, delete "or nonpublic school,".
838+Page 4, between lines 28 and 29, begin a new paragraph and insert:
839+"(j) For purposes of subsection (i), "misconduct relating to the
840+health, safety, or well-being of a student" includes:
841+(1) engaging in a pattern of flirtatious or otherwise
842+inappropriate comments;
843+(2) making any effort to gain unreasonable access to, and time
844+alone with, any student with no discernable educational
845+purpose;
846+(3) engaging in any behavior that can reasonably be construed
847+as involving an inappropriate and overly personal and
848+intimate relationship with, conduct toward, or focus on a
849+student;
850+(4) telling explicit sexual jokes and stories;
851+(5) making sexually related comments;
852+(6) engaging in sexual kidding or teasing;
853+(7) engaging in sexual innuendos or making comments with
854+double entendre;
855+(8) inappropriate physical touching;
856+(9) using spoken, written, or any electronic communication to
857+importune, invite, participate with, or entice a person to
858+expose or touch the person's own or another person's intimate
859+body parts or to observe the student's intimate body parts via
860+any form of computer network or system, any social media
861+platform, telephone network, or data network or by text
862+message or instant messaging;
863+(10) sexual advances or requests for sexual favors;
864+(11) physical or romantic relationship including but not
865+limited to sexual intercourse or oral sexual intercourse;
866+(12) discussion of one's personal romantic or sexual feelings
867+or activities;
868+(13) discussion, outside of a professional teaching or
869+counseling context endorsed or required by an employing
870+school district, of a student's romantic or sexual feelings or
871+ES 342—LS 7237/DI 106 21
872+activities;
873+(14) displaying, sharing or transmitting pornographic or
874+sexually explicit materials;
875+(15) any physical contact that the student previously has
876+indicated is unwelcome, unless such contact is professionally
877+required, such as to teach a sport or other skill, or to protect
878+the safety of the student or others;
879+(16) other than for purposes of addressing student dress code
880+violations or concerns, referencing the physical appearance or
881+clothes of a student in a way that could be interpreted as
882+sexual; and
883+(17) self-disclosure or physical exposure of a sexual, romantic,
884+or erotic nature.".
885+Page 4, line 29, delete "(i)" and insert "(k)".
886+Page 4, line 29, delete "corporation, charter school, or nonpublic"
887+and insert "corporation or charter".
888+Page 4, line 30, after "hires" insert "or contracts with an
889+individual convicted of an offense described in subsection (b) or".
890+Page 4, line 30, delete "subsection (h)," and insert "subsection (i),".
891+Page 4, line 31, delete "employing the employee:" and insert "hiring
892+or contracting with the individual:".
893+Page 4, line 32, delete "hiring;" and insert "hiring or contract;".
894+Page 4, line 33, after "hire" insert "or contract with".
895+Page 4, line 34, after "the" insert "conviction described in
896+subsection (b) or the".
897+Page 4, line 34, delete "subsection (h);" and insert "subsection (i);".
898+Page 4, line 36, after "the" insert "conviction described in
899+subsection (b) or the".
900+Page 4, line 36, delete "subsection (h)." and insert "subsection (i).".
901+Page 4, after line 36, begin a new paragraph and insert:
902+"SECTION 3. IC 20-26-5-11.5, AS ADDED BY P.L.106-2016,
903+SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
904+JULY 1, 2023]: Sec. 11.5. (a) As used in this section, "school"
905+includes:
906+(1) a charter school, as defined in IC 20-24-1-4;
907+(2) a nonpublic school, as defined in IC 20-18-2-12, that employs
908+one (1) or more employees;
909+(3) a public school, as defined in IC 20-18-2-15(1); and
910+(4) an entity in another state that carries out a function similar to
911+an entity described in subdivisions (1) through (3).
912+(b) Notwithstanding any confidentiality agreement entered into by
913+a school and an employee of the school, a school that receives a request
914+ES 342—LS 7237/DI 106 22
915+for an employment reference, from another school, for a current or
916+former employee, shall disclose to the requesting school any incident
917+known by the school in which the employee committed an act resulting
918+in a substantiated report of abuse or neglect under IC 31-6 (before its
919+repeal) or IC 31-33.
920+(c) A school may not disclose information under this section that:
921+(1) identifies a student; or
922+(2) is confidential student information under the federal Family
923+Education Rights and Privacy Act (20 U.S.C. 1232g et seq.).
924+(d) A confidentiality agreement entered into or amended after June
925+30, 2016, by a school and an employee is not enforceable against the
926+school if the employee committed an act resulting in a substantiated
927+report of abuse or neglect under IC 31-6 (before its repeal) or IC 31-33.
928+(e) Notwithstanding any confidentiality agreement entered into
929+by a school and an employee of the school, a school that receives a
930+request for an employment reference, from another school, for a
931+current or former employee, shall disclose to the requesting school
932+any incident known by the school in which the employee was:
933+(1) arrested;
934+(2) charged with a criminal offense;
935+(3) convicted of a criminal offense;
936+(4) under court supervision or the supervision of a community
937+correction program as the result of a conviction for a criminal
938+offense (including being placed on home detention, work
939+release, or intermittent incarceration);
940+(5) the subject of a protection order; or
941+(6) named as a defendant in a civil action if the civil action
942+could affect the safety of students.
943+This provision of this subsection concerning a confidentiality
944+agreement applies to a confidentiality agreement entered into or
945+amended after June 30, 2023.
946+(f) A school may not hire an employee who committed an act
947+resulting in a substantiated report of abuse or neglect as described
948+in subsection (b), or to whom subsection (e)(1) through (e)(6)
949+applies, unless a majority of the members elected or appointed to
950+the school board, or the equivalent body for a charter school or
951+nonpublic school, approves the hire.
952+(g) If a school knowingly hires an employee who committed an
953+act resulting in a substantiated report of abuse or neglect as
954+described in subsection (b), or to whom subsection (e)(1) through
955+(e)(6) applies, the school shall, not later than thirty (30) days after
956+employing the employee:
957+ES 342—LS 7237/DI 106 23
958+(1) notify the department in writing of the employee's hiring;
959+(2) explain why it was necessary to hire the employee in light
960+of the factors described in subsections (b) and (e); and
961+(3) set forth the school's plan to protect the safety of students
962+in light of the factors described in subsections (b) and (e).".
963+Renumber all SECTIONS consecutively.
964+(Reference is to SB 342 as printed January 27, 2023.)
965+FREEMAN
966+_____
967+COMMITTEE REPORT
968+Mr. Speaker: Your Committee on Education, to which was referred
969+Senate Bill 342, has had the same under consideration and begs leave
970+to report the same back to the House with the recommendation that said
971+bill be amended as follows:
972+Page 1, between the enacting clause and line 1, begin a new
973+paragraph and insert:
974+"SECTION 1. IC 10-13-3-39, AS AMENDED BY P.L.168-2022,
15975 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16976 JULY 1, 2023]: Sec. 39. (a) The department is designated as the
17977 authorized agency to receive requests for, process, and disseminate the
18978 results of national criminal history background checks that comply with
19979 this section and 42 U.S.C. 5119a.
20980 (b) A qualified entity may contact the department to request a
21981 national criminal history background check on any of the following
22982 persons:
23983 (1) A person who seeks to be or is employed with the qualified
24984 entity. A request under this subdivision must be made not later
25985 than three (3) months after the person is initially employed by the
26986 qualified entity.
27987 (2) A person who seeks to volunteer or is a volunteer with the
28988 qualified entity. A request under this subdivision must be made
29989 not later than three (3) months after the person initially volunteers
30990 with the qualified entity.
31991 (3) A person for whom a national criminal history background
32992 check is required under any law relating to the licensing of a
33993 home, center, or other facility for purposes of day care or
34994 residential care of children.
35995 (4) A person for whom a national criminal history background
36-SEA 342 — Concur 2
996+ES 342—LS 7237/DI 106 24
37997 check is permitted for purposes of:
38998 (A) placement of a child in a foster family home, a prospective
39999 adoptive home, or the home of a relative, legal guardian to
401000 whom IC 29-3-8-9 applies, or other caretaker under section
411001 27.5 of this chapter or IC 31-34;
421002 (B) a report concerning an adoption as required by IC 31-19-8;
431003 (C) collaborative care host homes and supervised independent
441004 living arrangements as provided in IC 31-28-5.8-5.5; or
451005 (D) reunification of a child with a parent, guardian, or
461006 custodian as provided in IC 31-34-21-5.5.
471007 (5) A person for whom a national criminal history background
481008 check is required for the licensing of a group home, child caring
491009 institution, child placing agency, or foster home under IC 31-27.
501010 (6) A person for whom a national criminal history background
511011 check is required for determining the individual's suitability as an
521012 employee of a contractor of the state under section 38.5(a)(1) of
531013 this chapter.
541014 (c) A qualified entity must submit a request under subsection (b) in
551015 the form required by the department and provide a set of the person's
561016 fingerprints and any required fees with the request.
571017 (d) If a qualified entity makes a request in conformity with
581018 subsection (b), the department shall submit the set of fingerprints
591019 provided with the request to the Federal Bureau of Investigation for a
601020 national criminal history background check. The department shall
611021 respond to the request in conformity with:
621022 (1) the requirements of 42 U.S.C. 5119a; and
631023 (2) the regulations prescribed by the Attorney General of the
641024 United States under 42 U.S.C. 5119a.
651025 (e) Subsection (f):
661026 (1) applies to a qualified entity that:
671027 (A) is not a school corporation or a special education
681028 cooperative; or
691029 (B) is a school corporation or a special education cooperative
701030 and seeks a national criminal history background check for a
711031 volunteer; and
721032 (2) does not apply to a qualified entity that is a:
731033 (A) home health agency licensed under IC 16-27-1; or
741034 (B) personal services agency licensed under IC 16-27-4.
751035 (f) After receiving the results of a national criminal history
761036 background check from the Federal Bureau of Investigation, the
771037 department shall make a determination whether the person who is the
781038 subject of a request has been convicted of:
79-SEA 342 — Concur 3
1039+ES 342—LS 7237/DI 106 25
801040 (1) an offense described in IC 20-26-5-11; IC 20-26-5-11.2;
811041 (2) in the case of a foster family home, a nonwaivable offense as
821042 defined in IC 31-9-2-84.8;
831043 (3) in the case of a prospective adoptive home, a nonwaivable
841044 offense under IC 31-9-2-84.8;
851045 (4) any other felony; or
861046 (5) any misdemeanor;
871047 and convey the determination to the requesting qualified entity.
881048 (g) This subsection applies to a qualified entity that:
891049 (1) is a school corporation or a special education cooperative; and
901050 (2) seeks a national criminal history background check to
911051 determine whether to employ or continue the employment of a
921052 certificated employee, a noncertificated employee, or an adjunct
931053 teacher who holds a permit under IC 20-28-5-27 of a school
941054 corporation or an equivalent position with a special education
951055 cooperative.
961056 After receiving the results of a national criminal history background
971057 check from the Federal Bureau of Investigation, the department may
981058 exchange identification records concerning convictions for offenses
991059 described in IC 20-26-5-11 IC 20-26-5-11.2 with the school
1001060 corporation or special education cooperative solely for purposes of
1011061 making an employment determination. The exchange may be made
1021062 only for the official use of the officials with authority to make the
1031063 employment determination. The exchange is subject to the restrictions
1041064 on dissemination imposed under P.L.92-544, (86 Stat. 1115) (1972).
1051065 (h) This subsection applies to a qualified entity (as defined in
1061066 IC 10-13-3-16) that is a public agency under IC 5-14-1.5-2(a)(1). After
1071067 receiving the results of a national criminal history background check
1081068 from the Federal Bureau of Investigation, the department shall provide
1091069 a copy to the public agency. Except as permitted by federal law, the
1101070 public agency may not share the information contained in the national
1111071 criminal history background check with a private agency.
1121072 (i) This subsection applies to a qualified entity that is a:
1131073 (1) home health agency licensed under IC 16-27-1; or
1141074 (2) personal services agency licensed under IC 16-27-4.
1151075 After receiving the results of a national criminal history background
1161076 check from the Federal Bureau of Investigation, the department shall
1171077 make a determination whether the applicant has been convicted of an
1181078 offense described in IC 16-27-2-5(a) and convey the determination to
1191079 the requesting qualified entity.
1201080 (j) The department:
1211081 (1) may permanently retain an applicant's fingerprints submitted
122-SEA 342 — Concur 4
1082+ES 342—LS 7237/DI 106 26
1231083 under this section; and
1241084 (2) shall retain the applicant's fingerprints separately from
125-fingerprints collected under section 24 of this chapter.
126-SECTION 2. IC 20-26-5-10, AS AMENDED BY P.L.125-2022,
127-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
128-JULY 1, 2023]: Sec. 10. (a) This section applies to a:
129-(1) school corporation;
130-(2) charter school; or
131-(3) nonpublic school that employs one (1) or more employees.
132-(b) A school corporation, a charter school, and a nonpublic school
133-shall adopt a policy concerning criminal history information for
134-individuals who:
135-(1) apply for:
136-(A) employment with the school corporation, charter school,
137-or nonpublic school; or
138-(B) employment with an entity with which the school
139-corporation, charter school, or nonpublic school contracts for
140-services;
141-(2) seek to enter into a contract to provide services to the school
142-corporation, charter school, or nonpublic school; or
143-(3) are employed by an entity that seeks to enter into a contract to
144-provide services to the school corporation, charter school, or
145-nonpublic school;
146-if the individuals are likely to have direct, ongoing contact with
147-children within the scope of the individuals' employment.
148-(c) Except as provided in subsections (f) and (g), a school
149-corporation, a charter school, and a nonpublic school shall administer
150-a policy adopted under this section uniformly for all individuals to
151-whom the policy applies.
152-(d) A policy adopted under this section must require that the school
153-corporation, charter school, or nonpublic school conduct an expanded
154-criminal history check concerning each applicant for employment who
155-is likely to have direct, ongoing contact with children within the scope
156-of the individual's employment before or not later than thirty (30) days
157-after the start date of the applicant's employment by the school
158-corporation, charter school, or nonpublic school. If a vendor
159-providing an expanded criminal history check offers more than one
160-(1) type of expanded criminal history check, the policy shall
161-require that the school corporation, charter school, or nonpublic
162-school evaluate all available types of criminal history check and
163-determine whether a more comprehensive expanded criminal
164-history check would better protect the students.
165-SEA 342 — Concur 5
166-(e) A policy adopted under this section:
167-(1) must require that the school corporation, charter school, or
168-nonpublic school conduct an Indiana expanded child protection
169-index check; and
170-(2) may require that the school corporation, charter school, or
171-nonpublic school conduct an expanded child protection index
172-check in other states;
173-concerning each applicant for employment who is likely to have direct,
174-ongoing contact with children within the scope of the individual's
175-employment. An Indiana expanded child protection index check must
176-be completed before or not later than sixty (60) days after the start date
177-of the applicant's employment by the school corporation, charter
178-school, or nonpublic school.
179-(f) A policy adopted under this section must state that the school
180-corporation, charter school, or nonpublic school requires an expanded
181-criminal history check concerning an employee of the school
182-corporation, charter school, or nonpublic school who is likely to have
183-direct, ongoing contact with children within the scope of the
184-employee's employment. The checks must be conducted every five (5)
185-years. A school corporation, charter school, or nonpublic school may
186-adopt a policy to require an employee to obtain an expanded child
187-protection index check every five (5) years.
188-(g) In implementing subsection (f), and subject to subsection (j), a
189-school corporation, charter school, or nonpublic school may update the
190-checks required under subsection (f) for employees who are employed
191-by the school corporation, charter school, or nonpublic school as of
192-July 1, 2017, over a period not to exceed five (5) years by annually
193-conducting updated expanded criminal history checks and expanded
194-child protection index checks for at least one-fifth (1/5) of the number
195-of employees who are employed by the school corporation, charter
196-school, or nonpublic school on July 1, 2017.
197-(h) An applicant or employee may be required to provide a written
198-consent for the school corporation, charter school, or nonpublic school
199-to request an expanded criminal history check and an expanded child
200-protection index check concerning the individual before the
201-individual's employment by the school corporation, charter school, or
202-nonpublic school. The school corporation, charter school, or nonpublic
203-school may require the individual to provide a set of fingerprints and
204-pay any fees required for the expanded criminal history check and
205-expanded child protection index check. Each applicant for employment
206-or employee described in subsection (f) may be required:
207-(1) at the time the individual applies or updates an expanded
208-SEA 342 — Concur 6
209-criminal history check under subsection (f); or
210-(2) while an expanded criminal history check or expanded child
211-protection index check is being conducted;
212-to answer questions concerning the individual's expanded criminal
213-history check and expanded child protection index check. The failure
214-to answer honestly questions asked under this subsection is grounds for
215-termination of the employee's employment.
216-(i) An applicant is responsible for all costs associated with obtaining
217-the expanded criminal history check and expanded child protection
218-index check unless the school corporation, charter school, or nonpublic
219-school agrees to pay the costs. A school corporation, charter school, or
220-nonpublic school may agree to pay the costs associated with obtaining
221-an expanded criminal history background check for an employee. An
222-employee of a school corporation, charter school, or nonpublic school
223-may not be required to pay the costs of an expanded child protection
224-index check.
225-(j) An applicant or employee may not be required by a school
226-corporation, charter school, or nonpublic school to obtain an expanded
227-criminal history check more than one (1) time during a five (5) year
228-period. However, a school corporation, charter school, or nonpublic
229-school may obtain an expanded criminal history check or an expanded
230-child protection index check at any time if the school corporation,
231-charter school, or nonpublic school has reason to believe that the
232-applicant or employee:
233-(1) is the subject of a substantiated report of child abuse or
234-neglect; or
235-(2) has been charged with or convicted of a crime listed in section
236-11(b) 11.2(b) of this chapter or IC 20-28-5-8(c).
237-(k) As used in this subsection, "offense requiring license revocation"
238-means an offense listed in IC 20-28-5-8(c). A policy adopted under this
239-section must prohibit a school corporation, charter school, or nonpublic
240-school from:
241-(1) hiring;
242-(2) continuing the employment of;
243-(3) contracting with; or
244-(4) continuing to contract with;
245-a person who has been convicted of an offense requiring license
246-revocation, unless the conviction has been reversed, vacated, or set
247-aside on appeal.
248-(l) Information obtained under this section must be used in
249-accordance with law.
250-SECTION 3. IC 20-26-5-11 IS REPEALED [EFFECTIVE JULY 1,
251-SEA 342 — Concur 7
252-2023]. Sec. 11. (a) This section applies to:
1085+fingerprints collected under section 24 of this chapter.".
1086+Page 4, line 8, strike "11(b)" and insert "11.2(b)".
1087+Page 4, between lines 21 and 22, begin a new paragraph and insert:
1088+"SECTION 3. IC 20-26-5-11 IS REPEALED [EFFECTIVE JULY
1089+1, 2023]. Sec. 11. (a) This section applies to:
2531090 (1) a school corporation;
2541091 (2) a charter school; and
2551092 (3) an entity:
2561093 (A) with which the school corporation contracts for services;
2571094 and
2581095 (B) that has employees who are likely to have direct, ongoing
2591096 contact with children within the scope of the employees'
2601097 employment.
2611098 (b) Subject to section 10(k) of this chapter and subsection (f), a
2621099 school corporation, charter school, or entity shall consider whether
2631100 information obtained under section 10 of this chapter concerning an
2641101 individual's conviction for one (1) of the following offenses constitutes
2651102 grounds to not employ, to not contract with, or to terminate the
2661103 employment of or contract with the individual:
2671104 (1) Murder (IC 35-42-1-1).
2681105 (2) Causing suicide (IC 35-42-1-2).
2691106 (3) Assisting suicide (IC 35-42-1-2.5).
2701107 (4) Voluntary manslaughter (IC 35-42-1-3).
2711108 (5) Reckless homicide (IC 35-42-1-5).
2721109 (6) Battery (IC 35-42-2-1) unless ten (10) years have elapsed from
2731110 the date the individual was discharged from probation,
2741111 imprisonment, or parole, whichever is later.
2751112 (7) Aggravated battery (IC 35-42-2-1.5).
2761113 (8) Kidnapping (IC 35-42-3-2).
2771114 (9) Criminal confinement (IC 35-42-3-3).
2781115 (10) A sex offense under IC 35-42-4 (including criminal deviate
2791116 conduct (IC 35-42-4-2) (before its repeal)).
2801117 (11) Carjacking (IC 35-42-5-2) (repealed).
2811118 (12) Arson (IC 35-43-1-1), unless ten (10) years have elapsed
2821119 from the date the individual was discharged from probation,
2831120 imprisonment, or parole, whichever is later.
2841121 (13) Incest (IC 35-46-1-3).
2851122 (14) Neglect of a dependent as a Class B felony (for a crime
2861123 committed before July 1, 2014) or a Level 1 felony or Level 3
287-felony (for a crime committed after June 30, 2014)
288-(IC 35-46-1-4(b)(2)), unless ten (10) years have elapsed from the
289-date the individual was discharged from probation, imprisonment,
290-or parole, whichever is later.
1124+felony (for a crime committed after June 30, 2014) (IC
1125+ES 342—LS 7237/DI 106 27
1126+35-46-1-4(b)(2)), unless ten (10) years have elapsed from the date
1127+the individual was discharged from probation, imprisonment, or
1128+parole, whichever is later.
2911129 (15) Child selling (IC 35-46-1-4(d)).
2921130 (16) Contributing to the delinquency of a minor (IC 35-46-1-8),
2931131 unless ten (10) years have elapsed from the date the individual
294-SEA 342 — Concur 8
2951132 was discharged from probation, imprisonment, or parole,
2961133 whichever is later.
2971134 (17) An offense involving a weapon under IC 35-47 or
2981135 IC 35-47.5, unless ten (10) years have elapsed from the date the
2991136 individual was discharged from probation, imprisonment, or
3001137 parole, whichever is later.
3011138 (18) An offense relating to controlled substances under
3021139 IC 35-48-4, unless ten (10) years have elapsed from the date the
3031140 individual was discharged from probation, imprisonment, or
3041141 parole, whichever is later.
3051142 (19) An offense relating to material or a performance that is
3061143 harmful to minors or obscene under IC 35-49-3, unless ten (10)
3071144 years have elapsed from the date the individual was discharged
3081145 from probation, imprisonment, or parole, whichever is later.
3091146 (20) An offense relating to operating a motor vehicle while
3101147 intoxicated under IC 9-30-5, unless five (5) years have elapsed
3111148 from the date the individual was discharged from probation,
3121149 imprisonment, or parole, whichever is later.
3131150 (21) Domestic battery (IC 35-42-2-1.3), unless ten (10) years have
3141151 elapsed from the date the individual was discharged from
3151152 probation, imprisonment, or parole, whichever is latest.
3161153 (22) Public indecency (IC 35-45-4-1) committed:
3171154 (A) after June 30, 2003; or
3181155 (B) before July 1, 2003, if the person committed the offense
3191156 by, in a public place:
3201157 (i) engaging in sexual intercourse or other sexual conduct
3211158 (as defined in IC 35-31.5-2-221.5);
3221159 (ii) appearing in a state of nudity with the intent to arouse
3231160 the sexual desires of the person or another person, or being
3241161 at least eighteen (18) years of age, with the intent to be seen
3251162 by a child less than sixteen (16) years of age; or
3261163 (iii) fondling the person's genitals or the genitals of another
3271164 person.
3281165 In the event that an entity described in subsection (a)(3) obtains
3291166 information that an individual employed by the entity who works at a
3301167 particular school corporation or charter school has been convicted of
1168+ES 342—LS 7237/DI 106 28
3311169 an offense described in this subsection, the entity shall immediately
3321170 notify the school corporation or charter school of the employee's
3331171 conviction.
3341172 (c) An individual employed by a school corporation, charter school,
3351173 or entity described in subsection (a) shall notify the governing body of
3361174 the school corporation, if during the course of the individual's
337-SEA 342 — Concur 9
3381175 employment, the individual is convicted in Indiana or another
3391176 jurisdiction of an offense described in subsection (b).
3401177 (d) A school corporation, charter school, or entity may use
3411178 information obtained under section 10 of this chapter concerning an
3421179 individual being the subject of a substantiated report of child abuse or
3431180 neglect as grounds to not employ or contract with the individual.
3441181 (e) An individual employed by a school corporation, charter school,
3451182 or entity described in subsection (a) shall notify the governing body of
3461183 the school corporation, if during the course of the individual's
3471184 employment, the individual is the subject of a substantiated report of
3481185 child abuse or neglect.
3491186 (f) A school corporation, charter school, or entity is not required to
3501187 consider whether information concerning an individual's conviction
3511188 constitutes grounds to:
3521189 (1) not employ;
3531190 (2) not contract with; or
3541191 (3) terminate the employment of or contract with;
3551192 an individual under subsection (b) if the individual's conviction is
3561193 reversed, vacated, or set aside.
3571194 (g) Nothing in this section prohibits a school corporation, charter
3581195 school, or entity from establishing procedures to verify the accuracy of
3591196 the information obtained under section 10 of this chapter concerning
3601197 an individual's conviction.
3611198 SECTION 4. IC 20-26-5-11.2 IS ADDED TO THE INDIANA
3621199 CODE AS A NEW SECTION TO READ AS FOLLOWS
3631200 [EFFECTIVE JULY 1, 2023]: Sec. 11.2. (a) This section applies to:
3641201 (1) a school corporation;
3651202 (2) a charter school;
3661203 (3) a state accredited nonpublic school; and
3671204 (4) an entity with which the school corporation, charter
3681205 school, or state accredited nonpublic school contracts for
3691206 services;
3701207 concerning employees of the school corporation, charter school,
3711208 state accredited nonpublic school, or entity who are likely to have
3721209 direct, ongoing contact with children within the scope of the
3731210 employees' employment.
1211+ES 342—LS 7237/DI 106 29
3741212 (b) Subject to section 10(k) of this chapter and subsection (f), a
3751213 school corporation, charter school, state accredited nonpublic
3761214 school, or entity may not employ or contract with, and shall
3771215 terminate the employment of or contract with, an individual
3781216 convicted of any of the following offenses:
3791217 (1) Murder (IC 35-42-1-1).
380-SEA 342 — Concur 10
3811218 (2) Causing suicide (IC 35-42-1-2).
3821219 (3) Assisting suicide (IC 35-42-1-2.5).
3831220 (4) Voluntary manslaughter (IC 35-42-1-3).
3841221 (5) Aggravated battery (IC 35-42-2-1.5).
3851222 (6) Kidnapping (IC 35-42-3-2).
3861223 (7) A sex offense (as defined in IC 11-8-8-5.2).
3871224 (8) Carjacking (IC 35-42-5-2) (repealed).
3881225 (9) Arson (IC 35-43-1-1).
3891226 (10) Public indecency (IC 35-45-4-1(a)(3), IC 35-45-4-1(a)(4),
3901227 and IC 35-45-4-1(b)) committed:
3911228 (A) after June 30, 2003; or
3921229 (B) before July 1, 2003, if the person committed the offense
3931230 by, in a public place, engaging in sexual intercourse or
3941231 other sexual conduct (as defined in IC 35-31.5-2-221.5).
3951232 (11) Neglect of a dependent as a Class B felony (for a crime
3961233 committed before July 1, 2014) or a Level 1 felony or Level 3
397-felony (for a crime committed after June 30, 2014)
398-(IC 35-46-1-4(b)(2) and IC 35-46-1-4(b)(3)).
1234+felony (for a crime committed after June 30, 2014) (IC
1235+35-46-1-4(b)(2) and IC 35-46-1-4(b)(3)).
3991236 (12) Child selling (IC 35-46-1-4(d)).
4001237 (13) An offense relating to material or a performance that is
4011238 harmful to minors or obscene under IC 35-49-3.
4021239 If an entity described in subsection (a)(4) obtains information that
4031240 an individual employed by the entity who works at a particular
4041241 school corporation, charter school, or state accredited nonpublic
4051242 school has been convicted of an offense described in this subsection,
4061243 the entity shall immediately notify the school corporation, charter
4071244 school, or state accredited nonpublic school of the employee's
4081245 conviction.
4091246 (c) After June 30, 2023, a school corporation, charter school,
4101247 state accredited nonpublic school, or entity may employ or contract
4111248 with an individual convicted of any of the following offenses if a
4121249 majority of the members elected or appointed to the governing
4131250 body of the school corporation, or the equivalent body for a
4141251 charter school, approves the employment or contract as a separate,
4151252 special agenda item, or if the school administrator of a state
4161253 accredited nonpublic school informs the administrator's
1254+ES 342—LS 7237/DI 106 30
4171255 appointing authority of the hiring:
4181256 (1) An offense relating to operating a motor vehicle while
4191257 intoxicated under IC 9-30-5.
4201258 (2) Reckless homicide (IC 35-42-1-5).
4211259 (3) Battery (IC 35-42-2-1).
4221260 (4) Domestic battery (IC 35-42-2-1.3).
423-SEA 342 — Concur 11
4241261 (5) Criminal confinement (IC 35-42-3-3).
4251262 (6) Public indecency (IC 35-45-4-1(a)(1) or IC 35-45-4-1(a)(2))
4261263 committed:
4271264 (A) after June 30, 2003; or
4281265 (B) before July 1, 2003, if the person committed the offense
4291266 by, in a public place, engaging in sexual intercourse or
4301267 other sexual conduct (as defined in IC 35-31.5-2-221.5).
4311268 (7) Contributing to the delinquency of a minor (IC 35-46-1-8).
4321269 (8) An offense involving a weapon under IC 35-47 or
4331270 IC 35-47.5.
4341271 (9) An offense relating to controlled substances under
4351272 IC 35-48-4, other than an offense involving marijuana or
4361273 paraphernalia used to consume marijuana.
4371274 (d) An individual employed by a school corporation, charter
4381275 school, state accredited nonpublic school, or entity described in
4391276 subsection (a) shall notify the governing body of the school, if
4401277 during the course of the individual's employment, the individual:
4411278 (1) is convicted in Indiana or another jurisdiction of an
4421279 offense described in subsection (b) or subsection (c); or
4431280 (2) is the subject of a substantiated report of child abuse or
4441281 neglect.
4451282 (e) A school corporation, charter school, state accredited
4461283 nonpublic school, or entity may use information obtained under
4471284 section 10 of this chapter concerning an individual being the
4481285 subject of a substantiated report of child abuse or neglect as
4491286 grounds to not employ or contract with the individual.
4501287 (f) A school corporation, charter school, state accredited
4511288 nonpublic school, or entity is not required to consider whether
4521289 information concerning an individual's conviction:
4531290 (1) requires the school or entity to:
4541291 (A) not employ; or
4551292 (B) not contract with; or
4561293 (2) constitutes grounds to terminate the employment of or
4571294 contract with;
4581295 an individual under subsection (b) if the individual's conviction is
4591296 reversed, vacated, or set aside.
1297+ES 342—LS 7237/DI 106 31
4601298 (g) Nothing in this section prohibits a school corporation,
4611299 charter school, state accredited nonpublic school, or entity from
4621300 establishing procedures to verify the accuracy of the information
4631301 obtained under section 10 of this chapter concerning an
4641302 individual's conviction.
4651303 (h) A school corporation, charter school, or state accredited
466-SEA 342 — Concur 12
4671304 nonpublic school may not hire or contract with an individual:
4681305 (1) who is required to wear an ankle monitor as the result of
4691306 a criminal conviction;
4701307 (2) who entered into an agreement to settle an allegation of
4711308 misconduct relating to the health, safety, or well-being of a
4721309 student at a school corporation, charter school, or state
4731310 accredited nonpublic school, if the agreement included a
4741311 nondisclosure agreement covering the alleged misconduct; or
4751312 (3) who, in an academic environment, engaged in a course of
4761313 conduct involving repeated or continuing contact with a child
4771314 that is intended to prepare or condition the child for sexual
4781315 activity (as defined in IC 35-42-4-13);
4791316 unless a majority of the members elected or appointed to the
4801317 governing body of the school corporation, or the equivalent body
4811318 for a charter school, approves the hire or contract as a separate,
4821319 special agenda item, or unless the school administrator of a state
4831320 accredited nonpublic school informs the administrator's
4841321 appointing authority of the hiring.
4851322 (i) For purposes of subsection (h), "misconduct relating to the
4861323 health, safety, or well-being of a student" includes:
4871324 (1) engaging in a pattern of flirtatious or otherwise
4881325 inappropriate comments;
4891326 (2) making any effort to gain unreasonable access to, and time
4901327 alone with, any student with no discernable educational
4911328 purpose;
4921329 (3) engaging in any behavior that can reasonably be construed
4931330 as involving an inappropriate and overly personal and
4941331 intimate relationship with, conduct toward, or focus on a
4951332 student;
4961333 (4) telling explicit sexual jokes and stories;
4971334 (5) making sexually related comments;
4981335 (6) engaging in sexual kidding or teasing;
4991336 (7) engaging in sexual innuendos or making comments with
5001337 double entendre;
5011338 (8) inappropriate physical touching;
5021339 (9) using spoken, written, or any electronic communication to
1340+ES 342—LS 7237/DI 106 32
5031341 importune, invite, participate with, or entice a person to
5041342 expose or touch the person's own or another person's intimate
5051343 body parts or to observe the student's intimate body parts via
5061344 any form of computer network or system, any social media
5071345 platform, telephone network, or data network or by text
5081346 message or instant messaging;
509-SEA 342 — Concur 13
5101347 (10) sexual advances or requests for sexual favors;
5111348 (11) physical or romantic relationship including but not
5121349 limited to sexual intercourse or oral sexual intercourse;
5131350 (12) discussion of one's personal romantic or sexual feelings
5141351 or activities;
5151352 (13) discussion, outside of a professional teaching or
5161353 counseling context endorsed or required by an employing
5171354 school district, of a student's romantic or sexual feelings or
5181355 activities;
5191356 (14) displaying, sharing, or transmitting pornographic or
5201357 sexually explicit materials;
5211358 (15) any physical contact that the student previously has
5221359 indicated is unwelcome, unless such contact is professionally
5231360 required, such as to teach a sport or other skill, or to protect
5241361 the safety of the student or others;
5251362 (16) other than for purposes of addressing student dress code
5261363 violations or concerns, referencing the physical appearance or
5271364 clothes of a student in a way that could be interpreted as
5281365 sexual; and
5291366 (17) self-disclosure or physical exposure of a sexual, romantic,
530-or erotic nature.
531-SECTION 5. IC 20-26-5-11.5, AS ADDED BY P.L.106-2016,
532-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
533-JULY 1, 2023]: Sec. 11.5. (a) As used in this section, "school"
534-includes:
535-(1) a charter school, as defined in IC 20-24-1-4;
536-(2) a nonpublic school, as defined in IC 20-18-2-12, that employs
537-one (1) or more employees;
538-(3) a public school, as defined in IC 20-18-2-15(1); and
539-(4) an entity in another state that carries out a function similar to
540-an entity described in subdivisions (1) through (3).
541-(b) Notwithstanding any confidentiality agreement entered into by
542-a school and an employee of the school, a school that receives a request
543-for an employment reference, from another school, for a current or
544-former employee, shall disclose to the requesting school any incident
545-known by the school in which the employee committed an act resulting
546-in a substantiated report of abuse or neglect under IC 31-6 (before its
547-repeal) or IC 31-33 if the employee is likely to have direct, ongoing
548-contact with children within the scope of the employee's new
549-employment.
550-(c) A school may not disclose information under this section that:
551-(1) identifies a student; or
552-SEA 342 — Concur 14
553-(2) is confidential student information under the federal Family
554-Education Rights and Privacy Act (20 U.S.C. 1232g et seq.).
555-(d) A confidentiality agreement entered into or amended after June
556-30, 2016, by a school and an employee is not enforceable against the
557-school if the employee committed an act resulting in a substantiated
558-report of abuse or neglect under IC 31-6 (before its repeal) or IC 31-33.
559-(e) Notwithstanding any confidentiality agreement entered into
560-by a school and an employee of the school, a school that receives a
561-request for an employment reference, from another school, for a
562-current or former employee, shall disclose to the requesting school
563-any incident known by the school in which the employee was:
564-(1) arrested;
565-(2) charged with a criminal offense;
566-(3) convicted of a criminal offense;
567-(4) under court supervision or the supervision of a community
568-correction program as the result of a conviction for a criminal
569-offense (including being placed on home detention, work
570-release, or intermittent incarceration);
571-(5) the subject of a protection order; or
572-(6) named as a defendant in a civil action if the civil action
573-could affect the safety of students;
574-if the employee is likely to have direct, ongoing contact with
575-children within the scope of the employee's new employment. This
576-provision of this subsection concerning a confidentiality agreement
577-applies to a confidentiality agreement entered into or amended
578-after June 30, 2023.
579-SEA 342 — Concur President of the Senate
580-President Pro Tempore
581-Speaker of the House of Representatives
582-Governor of the State of Indiana
583-Date: Time:
584-SEA 342 — Concur
1367+or erotic nature.".
1368+Page 4, delete lines 22 through 42.
1369+Delete pages 5 through 8.
1370+Page 9, delete lines 1 through 22.
1371+Page 9, line 39, delete "." and insert "if the employee is likely to
1372+have direct, ongoing contact with children within the scope of the
1373+employee's new employment.".
1374+Page 10, line 20, delete "." and insert ";".
1375+Page 10, line 21, before "This provision" insert "if the employee is
1376+likely to have direct, ongoing contact with children within the scope
1377+of the employee's new employment.".
1378+Page 10, delete lines 24 through 39.
1379+Renumber all SECTIONS consecutively.
1380+and when so amended that said bill do pass.
1381+ES 342—LS 7237/DI 106 33
1382+(Reference is to SB 342 as reprinted February 3, 2023.)
1383+BEHNING
1384+Committee Vote: yeas 12, nays 0.
1385+ES 342—LS 7237/DI 106