Ind. Code ch. 34-13-3.5

in effect

Ind. Code § 34-13-3.5-1 Applicability

Sec. 1. (a) This chapter applies only to an action brought against a public school under the laws of: (1) the United States; or (2) Indiana. (b) This chapter does not apply to a civil action or administrative proceeding under IC 20-28 or IC 20-29. As added by P.L.191-2018, SEC.25.

Ind. Code § 34-13-3.5-2 Construction with other law

Sec. 2. This chapter may not be construed to restrict or limit the rights, procedures, or remedies available to an individual or entity under: (1) the federal or state Constitution; or (2) another federal law. As added by P.L.191-2018, SEC.25.

Ind. Code § 34-13-3.5-3 "Public school"

Sec. 3. As used in this chapter, "public school" refers to a: (1) school corporation (as defined in IC 20-18-2-16(a)); or (2) charter school (as defined in IC 20-24-1-4). As added by P.L.191-2018, SEC.25.

Ind. Code § 34-13-3.5-4 Notice; proposed remedy

Sec. 4. An individual or entity may not initiate a civil action or an administrative proceeding against a public school, unless the individual or entity submits a written notice to the public school and the governing body or the equivalent authority for a charter school that notifies the public school and the governing body or the equivalent authority for a charter school of the alleged violation of law and indicates a proposed remedy. As added by P.L.191-2018, SEC.25.

Ind. Code § 34-13-3.5-5 Requirements of proposed remedy

Sec. 5. A proposed remedy that is offered under section 4 of this chapter must meet the following conditions: (1) Provide the public school with a specific request for relief. (2) Allow the public school to offer the individual or entity the relief requested in the written notice submitted under section 4 of this chapter before the individual or entity initiates a civil action or administrative proceeding against the public school. As added by P.L.191-2018, SEC.25.

Ind. Code § 34-13-3.5-6 Time period for response to proposed remedy

Sec. 6. Not later than fifteen (15) days after the individual or entity submits the notice described in section 4 of this chapter to the public school, the public school may do the following: (1) Remedy the alleged violation or violations. (2) Make a written offer to the individual or entity to resolve the dispute. As added by P.L.191-2018, SEC.25.

Ind. Code § 34-13-3.5-7 Effect of failure to provide notice

Sec. 7. If an individual or entity does not submit the notice described in section 4 of this chapter to a public school before initiating a civil action or an administrative proceeding, a court, administrative law judge, or hearing officer shall dismiss the action without prejudice. As added by P.L.191-2018, SEC.25.

Ind. Code § 34-13-3.5-8 Disclosure of conflicts of interest

Sec. 8. (a) For purposes of this section, "conflict of interest" is defined as being a member of the governing body for, an agent of, or otherwise having a personal pecuniary interest in a facility, school, service, or product sought as a remedy in the lawsuit or administrative proceeding identified in this section. A personal pecuniary interest does not include a family relationship other than a spouse or dependent being a member of the governing body or an agent of a facility, school, service, or product sought as a remedy in the lawsuit or administrative proceeding identified in this section. (b) An advocate (other than an attorney) for an individual or entity who initiates a lawsuit or administrative proceeding against a public school or a nonpublic school is prohibited from representing the individual or entity without first disclosing in writing to the: (1) advocate's client; and (2) court, administrative law judge, or hearing officer; any conflict of interest described in subsection (a) the advocate (other than an attorney) has in representing the individual or entity. (c) The written disclosure required in subsection (b) is required to be provided only once in any lawsuit or proceeding, even if there are successive tiers to the appellate or administrative process. (d) Failure to comply with the requirement of this section shall result in the violating advocate (other than an attorney) paying not less than five percent (5%) of attorney's fees, court costs, and other reasonable expenses of litigation incurred by the public or nonpublic school. As added by P.L.287-2019, SEC.17.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/34Fetched: 10/17/2026