February 22, 2002





ENGROSSED

SENATE BILL No. 207

_____


DIGEST OF SB 207 (Updated February 21, 2002 11:21 AM - DI 71)



Citations Affected: IC 5-2; IC 20-5; IC 20-6.1; IC 20-8.1; IC 34-13; IC 34-30; IC 35-42.

Synopsis: School employees and children. Allows supervised group living facilities and community mental retardation and other developmental disabilities centers that have been in existence for at least 10 years to obtain limited criminal history records without charge. Enables the professional standards board to suspend a teacher's license for certain noncriminal behaviors. Requires certain officials to report when a teacher is convicted of certain crimes. Provides uniformity in the grounds for which licenses may be revoked and the contracts of permanent and semipermanent teachers may be canceled concerning sexual misconduct with a minor. Requires governmental entities to pay civil judgments on behalf of employees who are sued because of actions taken within the scope of their employment.

Effective: July 1, 2002.





Clark, Lubbers, Waterman, Howard, Alting, Hershman
(HOUSE SPONSORS _ STURTZ, ROBERTSON, GOODIN, TORR)




    January 7, 2002, read first time and referred to Committee on Corrections, Criminal and Civil Procedures.
    January 24, 2002, amended, reported favorably _ Do Pass.
    February 1, 2002, read second time, amended, ordered engrossed.
    February 4, 2002, engrossed.
    February 5, 2002, read third time, passed. Yeas 48, nays 0.

HOUSE ACTION

    February 11, 2002, read first time and referred to Committee on Education.
    February 21, 2002, amended, reported _ Do Pass.






February 22, 2002

Second Regular Session 112th General Assembly (2002)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2001 General Assembly.


ENGROSSED

SENATE BILL No. 207



    A BILL FOR AN ACT to amend the Indiana Code concerning education and criminal history information.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 5-2-5-5, AS AMENDED BY P.L.272-2001, SECTION 2, AND AS AMENDED BY P.L.228-2001, SECTION 2, IS AMENDED AND CORRECTED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. (a) Except as provided in subsection (b), on request, law enforcement agencies shall release or allow inspection of a limited criminal history to noncriminal justice organizations or individuals only if the subject of the request:
        (1) has applied for employment with a noncriminal justice organization or individual;
        (2) has applied for a license and criminal history data as required by law to be provided in connection with the license;
        (3) is a candidate for public office or a public official;
        (4) is in the process of being apprehended by a law enforcement agency;
        (5) is placed under arrest for the alleged commission of a crime;
        (6) has charged that his rights have been abused repeatedly by criminal justice agencies;


        (7) is the subject of judicial decision or determination with respect to the setting of bond, plea bargaining, sentencing, or probation;
        (8) has volunteered services that involve contact with, care of, or supervision over a child who is being placed, matched, or monitored by a social services agency or a nonprofit corporation;
        (9) is employed by an entity that seeks to enter into a contract with a public school (as defined in IC 20-10.1-1-2) or nonpublic school (as defined in IC 20-10.1-1-3) if the subject of the request is expected to have direct, ongoing contact with school children within the scope of the individual's employment;
        (10)
has volunteered services at a public school (as defined in IC 20-10.1-1-2) or non-public school (as defined in IC 20-10.1-1-3) that involve contact with, care of, or supervision over a student enrolled in the school;
        (10) (11) is being investigated for welfare fraud by an investigator of the division of family and children or a county office of family and children;
        (11) (12) is being sought by the parent locator service of the child support bureau of the division of family and children; or
        (12) (13) has been convicted of any of the following:
            (A) Rape (IC 35-42-4-1), if the victim is less than eighteen (18) years of age.
            (B) Criminal deviate conduct (IC 35-42-4-2), if the victim is less than eighteen (18) years of age.
            (C) Child molesting (IC 35-42-4-3).
            (D) Child exploitation (IC 35-42-4-4(b)).
            (E) Possession of child pornography (IC 35-42-4-4(c)).
            (F) Vicarious sexual gratification (IC 35-42-4-5).
            (G) Child solicitation (IC 35-42-4-6).
            (H) Child seduction (IC 35-42-4-7).
            (I) Sexual misconduct with a minor as a Class A or B felony (IC 35-42-4-9).
            (J) Incest (IC 35-46-1-3), if the victim is less than eighteen (18) years of age.
However, limited criminal history information obtained from the National Crime Information Center may not be released under this section except to the extent permitted by the Attorney General of the United States.
    (b) A law enforcement agency shall allow inspection of a limited criminal history by and release a limited criminal history to the

following noncriminal justice organizations:
        (1) Federally chartered or insured banking institutions.
        (2) Officials of state and local government for any of the purpose of following purposes:
            (A) Employment and with a state or local governmental entity.
            (B) Licensing.
        (3) Segments of the securities industry identified under 15 U.S.C. 78q(f)(2).
    (c) Any person who uses limited criminal history for any purpose not specified under this section commits a Class A misdemeanor.
    SECTION 2. IC 5-2-5-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 7. (a) Except as provided in subsection (c), on request for release or inspection of a limited criminal history, law enforcement agencies may and the department shall do the following:
        (1) Require a form, provided by them, to be completed. This form information shall be maintained for a period of two (2) years and shall be available to the record subject upon request.
        (2) Collect a three dollar ($3) fee to defray the cost of processing a request for inspection.
        (3) Collect a seven dollar ($7) fee to defray the cost of processing a request for release. However, law enforcement agencies and the department may not charge the fee for requests received from the parent locator service of the child support bureau of the division of family and children.
    (b) Law enforcement agencies and the department shall edit information so that the only information released or inspected is information which:
        (1) has been requested; and
        (2) is limited criminal history information.
    (c) The fee required under subsection (a) shall be waived if the request is from the institute for conviction information that will be used to establish or update the sex and violent offender registry under IC 5-2-12.
    SECTION 3. IC 5-2-5-13, AS AMENDED BY P.L.272-2001, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 13. (a) The department may not charge a fee for responding to a request for the release of a limited criminal history record if the request is made by a nonprofit organization: that:
        (1) that has been in existence for at least ten (10) years; and
        (2) either: that:


            (A) has a primary purpose of providing an individual relationship for a child with an adult volunteer if the request is made as part of a background investigation of a prospective adult volunteer for the organization; or
            (B) is a home health agency licensed under IC 16-27-1;
            (C) is a community mental retardation and other developmental disabilities center (as defined in IC 12-7-2-39); or
            (D) is a supervised group living facility licensed under IC 12-28-5.

    (b) The department may not charge a fee for responding to a request for the release of a limited criminal history record made by the division of family and children or a county office of family and children if the request is made as part of a background investigation of an applicant for a license under IC 12-17.2 or IC 12-17.4.
    (c) The department may not charge a fee for responding to a request for the release of a limited criminal history if the request is made by a school corporation, special education cooperative, or non-public school (as defined in IC 20-10.1-1-3) as part of a background investigation of an employee or adult volunteer for the school corporation, special education cooperative, or non-public school.
    SECTION 4. IC 20-5-2-7, AS AMENDED BY P.L.272-2001, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 7. (a) A school corporation, including a school township, shall adopt a policy concerning criminal history information for individuals who:
        (1) apply for:
            (A) employment with the school corporation; or
            (B) employment with an entity with which the school corporation contracts for services;
        (2) seek to enter into a contract to provide services to the school corporation; or
        (3) are employed by an entity that seeks to enter into a contract to provide services to the school corporation;
if the individuals are likely to have direct, ongoing contact with children within the scope of the individuals' employment.
    (b) A school corporation, including a school township, shall administer a policy adopted under this section uniformly for all individuals to whom the policy applies. A policy adopted under this section may require any of the following:
        (1) The school corporation, including a school township, may request limited criminal history information concerning each

applicant for noncertificated employment or certificated employment from a local or state law enforcement agency before or not later than three (3) months after the applicant's employment by the school corporation.
        (2) Each individual hired for noncertificated employment or certificated employment may be required to provide a written consent for the school corporation to request under IC 5-2-5 limited criminal history information or a national criminal history background check concerning the individual before or not later than three (3) months after the individual's employment by the school corporation. The school corporation may require the individual to provide a set of fingerprints and pay any fees required for a national criminal history background check.
        (3) Each individual hired for noncertificated employment may be required at the time the individual is hired to submit a certified copy of the individual's limited criminal history (as defined in IC 5-2-5-1(1)) to the school corporation.
        (4) Each individual hired for noncertificated employment may be required at the time the individual is hired to:
            (A) submit a request to the Indiana central repository for limited criminal history information under IC 5-2-5;
            (B) obtain a copy of the individual's limited criminal history; and
            (C) submit to the school corporation the individual's limited criminal history and a document verifying a disposition (as defined in IC 5-2-5-1(6)) that does not appear on the limited criminal history.
        (5) Each applicant for noncertificated employment or certificated employment may be required at the time the individual applies to answer questions concerning the individual's limited criminal history. The failure to answer honestly questions asked under this subdivision is grounds for termination of the employee's employment.
        (6) Each individual that:
            (A) seeks to enter into a contract to provide services to a school corporation; or
            (B) is employed by an entity that seeks to enter into a contract with a school corporation;
        may be required at the time the contract is formed to comply with the procedures described in subdivision (4)(A) and (4)(B). The school corporation either may require that the individual or the contractor comply with the procedures described in subdivision

(4)(C) or (5). subdivisions (2), (4), and (5). An individual who is employed by an entity that seeks to enter into a contract with a school corporation may be required to provide the consent described in subdivision (2) or the information described in subdivisions (4) and (5) to either the individual's employer or the school corporation. Failure to comply with subdivisions (2), (4), and (5), as required by the school corporation, is grounds for termination of the contract.
    (c) If an individual is required to obtain a limited criminal history under this section, the individual is responsible for all costs associated with obtaining the limited criminal history.
    (d) Information obtained under this section must be used in accordance with IC 5-2-5-6 or IC 5-2-5-15.
    SECTION 5. IC 20-6.1-3-7, AS AMENDED BY P.L.37-2000, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 7. (a) On the written recommendation of the state superintendent, the board may revoke or suspend a license for:
        (1) immorality;
        (2) misconduct in office;
        (3) incompetency; or
        (4) willful neglect of duty.
However, for each revocation or suspension, the board shall comply with IC 4-21.5-3.
    (b) This subsection applies when a prosecuting attorney knows that a licensed employee of a public school (as defined in IC 20-10.1-1-2) or an accredited nonpublic school has been convicted of an offense listed in subsection (d). The prosecuting attorney shall immediately give written notice of the conviction to the following:
        (1) The state superintendent.
        (2) Except as provided in subdivision (3), the superintendent of the school corporation that employs the licensed employee or the equivalent authority for an accredited nonpublic school.

         (3) The presiding officer of the governing body of the school corporation that employs the licensed employee, if the convicted licensed employee is the superintendent of the school corporation.
    (c) The superintendent of a school corporation, presiding officer of the governing body, or equivalent authority for an accredited nonpublic school shall immediately notify the state superintendent when the person knows that a current or former licensed employee of

the public school corporation or accredited nonpublic school has been convicted of an offense listed in subsection (c). (d).
    (c) (d) The board, after holding a hearing on the matter, shall permanently revoke the license of a person who is known by the board to have been convicted of any of the following offenses:
        (1) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age.
         (2) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age.
         (3) Rape (IC 35-42-4-1), if the victim is less than eighteen (18) years of age.
        (2) (4) Criminal deviate conduct (IC 35-42-4-2), if the victim is less than eighteen (18) years of age.
        (3) (5) Child molesting (IC 35-42-4-3).
        (4) (6) Child exploitation (IC 35-42-4-4(b)).
        (5) (7) Vicarious sexual gratification (IC 35-42-4-5).
        (6) (8) Child solicitation (IC 35-42-4-6).
        (7) (9) Child seduction (IC 35-42-4-7).
        (8) (10) Sexual misconduct with a minor (IC 35-42-4-9).
        (9) (11) Incest (IC 35-46-1-3), if the victim is less than eighteen (18) years of age.
         (12) Dealing in a controlled substance (IC 35-48-4-1 through IC 35-48-4-5).
    (d) (e) A license may be suspended by the state superintendent as specified in IC 20-6.1-4-13.
    SECTION 6. IC 20-6.1-4-10, AS AMENDED BY P.L.228-2001, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 10. (a) An indefinite contract with a permanent teacher may be canceled in the manner specified in section 11 of this chapter for only for one (1) or more of the following grounds:
        (1) Immorality.
        (2) Insubordination, which means a willful refusal to obey the state school laws or reasonable rules prescribed for the government of the school corporation.
        (3) Neglect of duty.
        (4) Incompetency.
        (5) Justifiable decrease in the number of teaching positions.
        (6) A conviction for one (1) of the following:
            (A) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age.
             (B) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age.


             (C) Rape (IC 35-42-4-1), if the victim is less than eighteen (18) years of age.
            (B) (D) Criminal deviate conduct (IC 35-42-4-2), if the victim is less than eighteen (18) years of age.
            (C) (E) Child molesting (IC 35-42-4-3).
            (D) (F) Child exploitation (IC 35-42-4-4(b)).
            (E) (G) Vicarious sexual gratification (IC 35-42-4-5).
            (F) (H) Child solicitation (IC 35-42-4-6).
            (G) (I) Child seduction (IC 35-42-4-7).
            (H) (J) Sexual misconduct with a minor as a Class A or B felony (IC 35-42-4-9). or
            (I) (K) Incest (IC 35-46-1-3), if the victim is less than eighteen (18) years of age. or
             (L) Dealing in a controlled substance (IC 35-48-4-1 through IC 35-48-4-5).
        (7) Other good and just cause.
When the cause of cancellation is ground (1), (2), or (6), the cancellation is effective immediately. When the cause of cancellation is ground (3), (4), (5), or (7), the cancellation is effective at the end of the school term following the cancellation.
    (b) An indefinite contract may not be canceled for political or personal reasons.
    SECTION 7. IC 20-6.1-4-10.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 10.5. (a) An indefinite contract with a semipermanent teacher may be canceled in the manner specified in section 11 of this chapter only for one (1) or more of the following grounds:
        (1) Immorality.
        (2) Insubordination, which means a willful refusal to obey the state school laws or reasonable rules prescribed for the government of the school corporation.
        (3) Neglect of duty.
        (4) Substantial inability to perform teaching duties.
        (5) Justifiable decrease in the number of teaching positions.
        (6) Good and just cause.
        (7) The cancellation is in the best interest of the school corporation.
        (8) A conviction for one (1) of the following:
            (A) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age.
             (B) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age.
             (C) Rape (IC 35-42-4-1), if the victim is less than eighteen (18) years of age.
            (B) (D) Criminal deviate conduct (IC 35-42-4-2), if the victim is less than eighteen (18) years of age.
            (C) (E) Child molesting (IC 35-42-4-3).
            (D) (F) Child exploitation (IC 35-42-4-4(b)).
            (E) (G) Vicarious sexual gratification (IC 35-42-4-5).
            (F) (H) Child solicitation (IC 35-42-4-6).
            (G) (I) Child seduction (IC 35-42-4-7). or
            (H) (J) Sexual misconduct with a minor (IC 35-42-4-9).
             (K) Incest (IC 35-46-1-3), if the victim is less than eighteen (18) years of age.
             (L) Dealing in a controlled substance (IC 35-48-4-1 through IC 35-48-4-5).
    (b) An indefinite contract with a semipermanent teacher may not be canceled for political or personal reasons.
    (c) Before the cancellation of a semipermanent teacher's indefinite contract, the principal of the school at which the teacher teaches shall provide the teacher with a written evaluation of the teacher's performance before January 1 of each year. Upon the request of a semipermanent teacher, delivered in writing to the principal within thirty (30) days after the teacher receives the evaluation required by this section, the principal shall provide the teacher with an additional written evaluation.
    SECTION 8. IC 20-8.1-5.1-7.8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 7.8. Before a person may initiate action to suspend or expel a student under this chapter, the person must consult the following:
        (1) A teacher, if any, who is involved in the matter giving rise to possible disciplinary action against the student.
        (2) A classroom teacher of the student.

    SECTION 9. IC 20-8.1-5.1-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 18. (a) This section applies to a person who:
        (1) is a member of the administrative staff, a teacher, or other school staff member; and
        (2) has students under the person's charge.
    (b) A person may take disciplinary action in addition to suspension and expulsion that is necessary to ensure a safe, orderly, and effective educational environment. However, if the person who wishes to take disciplinary action under this section is not a teacher of the

student, before the person may take disciplinary action under this section, the person must consult the following:
        (1) A teacher, if any, who is involved in the matter giving rise to possible disciplinary action against the student.
        (2) A classroom teacher of the student.

     (c) Disciplinary action under this section may include the following:
        (1) Counseling with a student or group of students.
        (2) Conferences with a parent or group of parents.
        (3) Assigning additional work.
        (4) Rearranging class schedules.
        (5) Requiring a student to remain in school after regular school hours to do additional school work or for counseling.
        (6) Restricting extracurricular activities.
        (7) Removal of a student by a teacher from that teacher's class for a period not to exceed:
            (A) five (5) class periods for middle, junior high, or high school students; or
            (B) one (1) school day for elementary school students;
        if the student is assigned regular or additional school work to complete in another school setting.
        (8) Assignment by the principal of:
            (A) a special course of study;
            (B) an alternative educational program; or
            (C) an alternative school.
        (9) Assignment by the principal of the school where the recipient of the disciplinary action is enrolled of not more than one hundred twenty (120) hours of service with a nonprofit organization operating in or near the community where the school is located or where the student resides. The following apply to service assigned under this subdivision:
            (A) A principal may not assign a student under this subdivision unless the student's parent or guardian approves:
                (i) the nonprofit organization where the student is assigned; and
                (ii) the plan described in clause (B)(i).
            A student's parent or guardian may request or suggest that the principal assign the student under this subdivision.
            (B) The principal shall make arrangements for the student's service with the nonprofit organization. Arrangements must include the following:
                (i) A plan for the service that the student is expected to perform.


                (ii) A description of the obligations of the nonprofit organization to the student, the student's parents, and the school corporation where the student is enrolled.
                (iii) Monitoring of the student's performance of service by the principal or the principal's designee.
                (iv) Periodic reports from the nonprofit organization to the principal and the student's parent or guardian of the student's performance of the service.
            (C) The nonprofit organization must obtain liability insurance in the amount and of the type specified by the school corporation where the student is enrolled that is sufficient to cover liabilities that may be incurred by a student who performs service under this subdivision.
            (D) Assignment of service under this subdivision suspends the implementation of a student's suspension or expulsion. A student's completion of service assigned under this subdivision to the satisfaction of the principal and the nonprofit organization terminates the student's suspension or expulsion.
        (10) Removal of a student from school sponsored transportation.
        (11) Referral to the juvenile court having jurisdiction over the student.
    (c) (d) As used in this subsection, "physical assault" means the knowing or intentional touching of another person in a rude, insolent, or angry manner. When a student physically assaults a person having authority over the student, the principal of the school where the student is enrolled shall make a referral of the student to the juvenile court having jurisdiction over the student. However, a student with disabilities (as defined in IC 20-1-6.1-7) who physically assaults a person having authority over the student is subject to procedural safeguards under 20 U.S.C. 1415.
    SECTION 10. IC 34-13-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. (a) A judgment rendered with respect to or a settlement made by a governmental entity bars an action by the claimant against an employee whose conduct gave rise to the claim resulting in that judgment or settlement.
    (b) The governmental entity shall pay any judgment, compromise, or settlement of a claim or suit against an employee when (1) the act or omission causing the loss is within the scope of the employee's employment. and
        (2) the:
            (A) governor, in the case of a claim or suit against a state employee; or
            (B) the governing body of the political subdivision, in the case of a claim or suit against an employee of a political subdivision;
        determines that paying the judgment, compromise, or settlement is in the best interest of the governmental entity.
    (c) The governmental entity shall pay all costs and fees incurred by or on behalf of an employee in defense of a claim or suit for a loss occurring because of acts or omissions within the scope of the employee's employment, regardless of whether the employee can or cannot be held personally liable for the loss.
    (d) This chapter shall not be construed as:
        (1) a waiver of the eleventh amendment to the Constitution of the United States;
        (2) consent by the state of Indiana or its employees to be sued in any federal court; or
        (3) consent to be sued in any state court beyond the boundaries of Indiana.
    SECTION 11. IC 34-13-3-5, AS AMENDED BY P.L.192-2001, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. (a) Civil actions relating to acts taken by a board, a committee, a commission, an authority, or another instrumentality of a governmental entity may be brought only against the board, the committee, the commission, the authority, or the other instrumentality of a governmental entity. A member of a board, a committee, a commission, an authority, or another instrumentality of a governmental entity may not be named as a party in a civil suit that concerns the acts taken by a board, a committee, a commission, an authority, or another instrumentality of a governmental entity where the member was acting within the scope of the member's employment. For the purposes of this subsection, a member of a board, a committee, a commission, an authority, or another instrumentality of a governmental entity is acting within the scope of the member's employment when the member acts as a member of the board, committee, commission, authority, or other instrumentality.
    (b) A judgment rendered with respect to or a settlement made by a governmental entity bars an action by the claimant against an employee, including a member of a board, a committee, a commission, an authority, or another instrumentality of a governmental entity, whose conduct gave rise to the claim resulting in that judgment or settlement. A lawsuit alleging that an employee acted within the scope of the employee's employment must be exclusive to the complaint and bars an action by the claimant against the employee personally. However, if the

governmental entity answers that the employee acted outside the scope of the employee's employment, the plaintiff may amend the complaint and sue the employee personally. An amendment to the complaint by the plaintiff under this subsection must be filed not later than one hundred eighty (180) days from the date the answer was filed and may be filed notwithstanding the fact that the statute of limitations has run.
    (c) A lawsuit filed against an employee personally must allege that an act or omission of the employee that causes a loss is:
        (1) criminal;
        (2) clearly outside the scope of the employee's employment;
        (3) malicious;
        (4) willful and wanton; or
        (5) calculated to benefit the employee personally.
The complaint must contain a reasonable factual basis supporting the allegations.
    (d) Subject to the provisions of sections 4, 14, 15, and 16 of this chapter, the governmental entity shall pay any judgment, compromise, or settlement of a claim or suit against an employee when
        (1) the act or omission causing the loss is within the scope of the employee's employment, regardless of whether the employee can or cannot be held personally liable for the loss. and
        (2) the:
            (A) governor in the case of a claim or suit against a state employee; or
            (B) governing body of the political subdivision, in the case of a claim or suit against an employee of a political subdivision;
        determines that paying the judgment, compromise, or settlement is in the best interest of the governmental entity.
    (e) The governmental entity shall provide counsel for and pay all costs and fees incurred by or on behalf of an employee in defense of a claim or suit for a loss occurring because of acts or omissions within the scope of the employee's employment, regardless of whether the employee can or cannot be held personally liable for the loss.
    (f) This chapter shall not be construed as:
        (1) a waiver of the eleventh amendment to the Constitution of the United States;
        (2) consent by the state of Indiana or its employees to be sued in any federal court; or
        (3) consent to be sued in any state court beyond the boundaries of Indiana.
    SECTION 12. IC 34-30-2-84.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2002]: Sec. 84.5. IC 20-6.1-3-7 (Concerning a person who makes a report concerning a teacher).
    SECTION 13. IC 35-42-4-7, AS AMENDED BY P.L.228-2001, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 7. (a) As used in this section, "adoptive parent" has the meaning set forth in IC 31-9-2-6.
    (b) As used in this section, "adoptive grandparent" means the parent of an adoptive parent.
    (c) As used in this section, "child care worker" means a person who:
         (1) provides care, supervision, or instruction to a child within the scope of the person's employment in a public or private school or shelter care facility; or
        (2) is employed by a:
            (A) school corporation; or
            (B) nonpublic school;
        attended by a child who is the victim of a crime under this chapter.
    (d) As used in this section, "custodian" means any person who resides with a child and is responsible for the child's welfare.
    (e) As used in this section, "nonpublic school" has the meaning set forth in IC 20-10.1-1-3.
     (f) As used in this section, "school corporation" has the meaning set forth in IC 20-10.1-1-1.
     (g) As used in this section, "stepparent" means an individual who is married to a child's custodial or noncustodial parent and is not the child's adoptive parent.
    (f) (h) If a person who is:
        (1) at least eighteen (18) years of age; and
        (2) the:
            (A) guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of; or
            (B) child care worker for;
        a child at least sixteen (16) years of age but less than eighteen (18) years of age;
engages with the child in sexual intercourse, or deviate sexual conduct (as defined in IC 35-41-1-9), with the child, or any fondling or touching with the intent to arouse or satisfy the sexual desires of either the child or the adult, the person commits child seduction, a Class D felony.