Legal proceedings.

(1) In any legal proceeding against the state in which a qualifying provider challenges the application of this part to the qualifying provider, the state shall bear the burden of establishing that the law: (a) is necessary; and (b) does not impose an undue burden on the qualifying provider. (2) The following bear no liability based on the award or use of scholarship funds under this part: (a) the state; (b) the state board; (c) the program manager; or (d) an LEA. (3) If any provision of this part is the subject of a state or federal constitutional challenge in a state court, scholarship students and scholarship students' parents may intervene as a matter of right to defend the program's constitutionality, subject to any court order that all defending parents and scholarship students intervene jointly.