Ind. Code ch. 20-33-7

Ind. Code ch. 20-33-7
in effect

Ind. Code § 20-33-7-1 "Education records"

Sec. 1. As used in this chapter, "education records" means information that: (1) is recorded by a nonpublic or public school; and (2) concerns a student who is or was enrolled in the school. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-22.4-1.] As added by P.L.1-2005, SEC.17.

Ind. Code § 20-33-7-2 Custodial and noncustodial parents; equal access; exceptions

Sec. 2. (a) Except as provided in subsection (b), a nonpublic or public school must allow a custodial parent and a noncustodial parent of a child the same access to their child's education records. (b) A nonpublic or public school may not allow a noncustodial parent access to the child's education records if: (1) a court has issued an order that limits the noncustodial parent's access to the child's education records; and (2) the school has received a copy of the court order or has actual knowledge of the court order. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-22.4-2.] As added by P.L.1-2005, SEC.17.

Ind. Code § 20-33-7-3 Report of educational records without parental consent

Sec. 3. (a) As used in this section, "juvenile justice agency" has the meaning set forth in IC 10-13-4-5. (b) A school corporation or other entity to which the education records privacy provisions of the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g) apply may disclose or report on the education records of a child, including personally identifiable information contained in the education records, without the consent of the child's parent under the following conditions: (1) The disclosure or reporting of education records is to a state or local juvenile justice agency. (2) The disclosure or reporting relates to the ability of the juvenile justice system to serve, before adjudication, the student whose records are being released. (3) The juvenile justice agency receiving the information certifies, in writing, to the entity providing the information that the agency or individual receiving the information has agreed not to disclose it to a third party, other than another juvenile justice agency, without the consent of the child's parent. (c) For purposes of subsection (b)(2), a disclosure or reporting of education records concerning a child who has been adjudicated as a delinquent child shall be treated as related to the ability of the juvenile justice system to serve the child before adjudication if the juvenile justice agency seeking the information provides sufficient information to enable the keeper of the education records to determine that the juvenile justice agency seeks the information in order to identify and intervene with the child as a juvenile at risk of delinquency rather than to obtain information solely related to supervision of the child as an adjudicated delinquent child. (d) A school corporation to which the education records privacy provisions of the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g) apply may disclose or report on the education records of a child, including personally identifiable information contained in the education records, without the consent of the child's parent, if the child has been suspended or expelled and referred to a court in accordance with an agreement for court assisted resolution of suspension and expulsion cases under IC 20-33-8.5. The request for the education records of a child by a court must be for the purpose of assisting the child before adjudication. (e) A school corporation or other entity to which the education records privacy provisions of the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g) apply that: (1) discloses or reports on the education records of a child, including personally identifiable information contained in the education records, in violation of this section; and (2) makes a good faith effort to comply with this section; is immune from civil liability. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-22.4-3.] As added by P.L.1-2005, SEC.17. Amended by P.L.242-2005, SEC.21.

Ind. Code § 20-33-7-4 Report of records without parental consent; health or safety emergency

Sec. 4. (a) As used in this section, "appropriate officials" include local or state law enforcement officials, department of child services officials, trained medical personnel, and school administrators whose knowledge of information described in subsection (b) or (d) is necessary to protect the health or safety of students or other persons on school corporation property. The term "school administrator" includes a principal, an assistant principal, a superintendent, and an assistant superintendent. (b) A school corporation or other entity to which the education records privacy provisions of the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g) apply may disclose or report on the education records of a child, including personally identifiable information contained in the education records, without the consent of the child's parent to appropriate officials in cases of health and safety emergencies as determined by school officials. (c) A school corporation or other entity to which the education records privacy provisions of the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g) apply that: (1) discloses or reports on the education records of a child, including personally identifiable information contained in the education records, in violation of this section; and (2) makes a good faith effort to comply with this section; is immune from civil liability. (d) In the case of a health or safety emergency, a law enforcement officer shall disclose or report a child's personally identifiable information contained in law enforcement records to a school corporation or an appropriate official. (e) Information concerning any suspicious activity or potential criminal activity related to a child that is shared between a law enforcement officer and a school corporation or an appropriate official under this section shall not be stored or maintained in any type of data base. As added by P.L.255-2019, SEC.2.

Ind. Code § 20-33-7-5 Student property

Sec. 5. (a) As used in this section, "student property" refers to property belonging to a student that the student has stored in a locker, desk, or personal cubby that is located on school property and has been assigned to the student for the student's use. (b) If a student enrolled in a school corporation has: (1) died; or (2) transferred, dropped out, or otherwise withdrawn from enrollment in the school corporation for any reason; the school corporation may not remove the student's property without providing the student's parent with the opportunity to collect the student's property. (c) Nothing in this section restricts or otherwise limits the authority of a law enforcement agency to: (1) search an area containing student property; or (2) seize student property; pursuant to a law enforcement investigation. As added by P.L.165-2025, SEC.4.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/20Fetched: 10/17/2026

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