"Confidential employee" means a school employee whose:

1. (1) unrestricted access to confidential personnel files; or

2. (2) functional responsibilities or knowledge in connection with the issues involved in dealings between the school corporation and its employees;

   makes the school employee's membership in a school employee organization incompatible with the school employee's official duties.

   [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(i).]

As added by P.L.1-2005, SEC.13.