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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
635
BY
EDUCATION
COMMITTEE
AN
ACT
1
RELATING
TO
EDUCATION;
AMENDING
SECTION
33
-
1209,
IDAHO
CODE,
TO
REVISE
PRO
-
2
VISIONS
REGARDING
INVESTIGATIONS
BY
THE
PROFESSIONAL
STANDARDS
COMMIS
-
3
SION;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Section
33
-
1209,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
33
-
1209.
PROCEEDINGS
TO
REVOKE,
SUSPEND,
DENY
OR
PLACE
REASONABLE
8
CONDITIONS
ON
A
CERTIFICATE
-
-
LETTERS
OF
REPRIMAND
-
-
COMPLAINT
-
-
SUBPOENA
9
POWER
-
-
HEARING.
(1)
The
professional
standards
commission
may
conduct
10
investigations
on
any
signed
allegation
of
unethical
conduct
of
any
teacher
1
1
brought
by:
12
(a)
An
individual
with
a
substantial
interest
in
the
matter,
except
a
13
student
in
an
Idaho
public
school;
or
14
(b)
A
local
board
of
trustees.
15
The
allegation
shall
state
the
specific
ground
or
grounds
for
the
allegation
16
of
unethical
conduct
that
could
lead
to
a
possible
revocation,
suspension,
17
placing
reasonable
conditions
on
the
certificate,
or
issuance
of
a
letter
of
18
reprimand.
Upon
receipt
of
a
written
and
signed
allegation
of
unethical
con
-
19
duct,
the
chief
certification
officer,
in
conjunction
with
the
attorney
gen
-
20
eral
and
the
professional
standards
commission
investigator,
shall
conduct
21
a
review
of
the
allegation
using
established
guidelines
to
determine
whether
22
to
remand
the
issue
to
the
school
district
to
be
resolved
locally
or
to
open
23
an
investigation
and
forward
the
case
to
the
professional
standards
commis
-
24
sion.
Within
fourteen
(14)
days
of
the
decision
to
forward
the
case,
the
25
chief
certification
officer
shall
notify
the
complainant
and
the
teacher,
in
26
writing,
that
an
investigation
will
be
conducted
and
the
teacher
shall
be
af
-
27
forded
an
opportunity
to
respond
to
the
allegation
verbally
and
in
writing
28
prior
to
the
issuance
of
the
complaint.
The
executive
committee
of
the
pro
-
29
fessional
standards
commission
shall
review
the
circumstances
of
the
for
-
30
warded
case
at
one
(1)
of
the
two
(2)
next
regularly
scheduled
meetings,
and
31
determine
whether
probable
cause
exists
to
warrant
the
filing
of
a
complaint
32
and
the
requesting
of
a
hearing.
33
(2)
Proceedings
to
revoke
or
suspend
any
certificate
issued
under
sec
-
34
tion
33
-
1201,
Idaho
Code,
or
to
issue
a
letter
of
reprimand
or
place
reason
-
35
able
conditions
on
the
certificate
shall
be
commenced
by
a
written
complaint
36
against
the
holder
thereof.
Such
complaint
shall
be
made
by
the
chief
certi
-
37
fication
officer
stating
the
ground
or
grounds
for
issuing
a
letter
of
rep
-
38
rimand,
placing
reasonable
conditions
on
the
certificate,
or
for
revocation
39
or
suspension
and
proposing
that
a
letter
of
reprimand
be
issued,
reason
-
40
able
conditions
be
placed
on
the
certificate,
or
the
certificate
be
revoked
41
or
suspended.
A
copy
of
the
complaint
shall
be
served
upon
the
certificate
42
2
holder,
either
by
personal
service
or
by
certified
mail,
within
thirty
(30)
1
days
of
determination
by
the
executive
committee
or
such
other
time
agreed
2
to
by
the
teacher
and
the
chief
certification
officer.
Any
complaint
that
3
contains
information
relating
to
behavior
that
may
be
criminal
shall
be
re
-
4
ported
to
the
appropriate
law
enforcement
authorities.
5
(3)
Not
more
than
thirty
(30)
days
after
the
date
of
service
of
any
6
complaint,
the
person
complained
against
may
request,
in
writing,
a
hearing
7
upon
the
complaint.
Any
such
request
shall
be
made
and
addressed
to
the
state
8
superintendent
of
public
instruction;
and
if
no
request
for
hearing
is
made,
9
the
grounds
for
suspension,
revocation,
placing
reasonable
conditions
on
10
the
certificate,
or
issuing
a
letter
of
reprimand
stated
in
the
complaint
1
1
shall
be
deemed
admitted.
Upon
a
request
for
hearing,
the
chief
certifi
-
12
cation
officer
shall
give
notice,
in
writing,
to
the
person
requesting
the
13
hearing,
which
notice
shall
state
the
time
and
place
of
the
hearing
and
which
14
shall
occur
not
more
than
ninety
(90)
days
from
the
request
for
hearing
or
15
such
other
time
agreed
to
by
the
teacher
and
the
chief
certification
officer.
16
The
time
of
such
hearing
shall
not
be
less
than
five
(5)
days
from
the
date
of
17
notice
thereof.
Any
such
hearing
shall
be
informal
and
shall
conform
with
18
chapter
52,
title
67,
Idaho
Code.
The
hearing
will
be
held
within
the
school
19
district
in
which
any
teacher
complained
of
shall
teach,
or
at
such
other
20
place
deemed
most
convenient
for
all
parties.
21
(4)
Any
such
hearing
shall
be
conducted
by
three
(3)
or
more
panel
mem
-
22
bers
appointed
by
the
chairman
of
the
professional
standards
commission,
a
23
majority
of
whom
shall
hold
a
position
of
employment
the
same
as
the
person
24
complained
against.
One
(1)
of
the
panel
members
shall
serve
as
the
panel
25
chair.
The
panel
chair
shall
be
selected
by
the
chairman
of
the
professional
26
standards
commission
from
a
list
of
former
members
of
the
professional
stan
-
27
dards
commission
who
shall
be
instructed
in
conducting
administrative
hear
-
28
ings.
No
commission
member
who
participated
in
the
probable
cause
determi
-
29
nation
process
in
a
given
case
shall
serve
on
the
hearing
panel.
All
hear
-
30
ings
shall
be
held
with
the
object
of
ascertaining
the
truth.
Any
person
com
-
31
plained
against
may
appear
in
person
and
may
be
represented
by
legal
counsel,
32
and
may
produce,
examine
and
cross
-
examine
witnesses,
and,
if
he
chooses
to
33
do
so,
may
submit
for
the
consideration
of
the
hearing
panel
a
statement,
in
34
writing,
in
lieu
of
oral
testimony,
but
any
such
statement
shall
be
under
35
oath
and
the
affiant
shall
be
subject
to
cross
-
examination.
36
(5)
The
state
superintendent
of
public
instruction,
as
authorized
by
37
the
state
board
of
education,
has
the
power
to
issue
subpoenas
and
compel
38
the
attendance
of
witnesses
and
compel
the
production
of
pertinent
papers,
39
books,
documents,
records,
accounts
and
testimony.
The
state
board
or
its
40
authorized
representative
may,
if
a
witness
refuses
to
attend
or
testify
or
41
to
produce
any
papers
required
by
such
subpoena,
report
to
the
district
court
42
in
and
for
the
county
in
which
the
proceeding
is
pending,
by
petition,
set
-
43
ting
forth
that
a
due
notice
has
been
given
of
the
time
and
place
of
atten
-
44
dance
of
the
witnesses,
or
the
production
of
the
papers,
that
the
witness
has
45
been
properly
summoned,
and
that
the
witness
has
failed
and
refused
to
at
-
46
tend
or
produce
the
papers
required
by
this
subpoena
before
the
board,
or
its
47
representative,
or
has
refused
to
answer
questions
propounded
to
him
in
the
48
course
of
the
proceedings,
and
ask
for
an
order
of
the
court
compelling
the
49
witness
to
attend
and
testify
and
produce
the
papers
before
the
board.
The
50
3
court,
upon
the
petition
of
the
board,
shall
enter
an
order
directing
the
1
witness
to
appear
before
the
court
at
a
time
and
place
to
be
fixed
by
the
court
2
in
the
order,
the
time
to
be
not
more
than
ten
(10)
days
from
the
date
of
the
3
order,
and
then
and
there
shall
show
cause
why
he
has
not
attended
and
testi
-
4
fied
or
produced
the
papers
before
the
board
or
its
representative.
A
copy
of
5
the
order
shall
be
served
upon
the
witness.
If
it
shall
appear
to
the
court
6
that
the
subpoena
was
regularly
issued
by
the
board
and
regularly
served,
the
7
court
shall
thereupon
order
that
the
witness
appear
before
the
board
at
the
8
time
and
place
fixed
in
the
order
and
testify
or
produce
the
required
papers.
9
Upon
failure
to
obey
the
order,
the
witness
shall
be
dealt
with
for
contempt
10
of
court.
The
subpoenas
shall
be
served
and
witness
fees
and
mileage
paid
as
1
1
allowed
in
civil
cases
in
the
district
courts
of
this
state.
12
(6)
Within
twenty
-
one
(21)
days
of
the
conclusion
of
any
hearing
13
dealing
with
the
revocation,
suspension,
denial
of
a
certificate,
placing
14
reasonable
conditions
on
the
certificate,
or
issuing
a
letter
of
reprimand,
15
the
hearing
panel
shall
submit
to
the
chief
certification
officer,
to
the
16
person
complained
against
and
to
the
chief
administrative
officer
of
the
17
public
school
employing
the
certificate
holder,
if
any,
a
concise
statement
18
of
the
proceedings,
a
summary
of
the
testimony,
and
any
documentary
evidence
19
offered,
together
with
the
findings
of
fact
and
a
decision.
The
hearing
20
panel
may
determine
to
suspend
or
revoke
the
certificate,
or
the
panel
may
21
order
that
reasonable
conditions
be
placed
on
the
certificate
or
a
letter
of
22
reprimand
be
sent
to
the
certificate
holder,
or
if
there
are
not
sufficient
23
grounds,
the
allegation
against
the
certificate
holder
is
dismissed
and
is
24
so
recorded.
25
(7)
Within
three
(3)
days
of
issuance,
the
hearing
panel's
decision
26
shall
be
made
a
permanent
part
of
the
record
of
the
certificate
holder.
27
Should
the
final
decision
be
to
place
reasonable
conditions
upon
the
cer
-
28
tificate
holder
or
a
suspension
or
revocation
of
the
teaching
certificate,
29
the
professional
standards
commission
must
notify
the
employing
public
30
school
of
the
hearing
panel's
decision
and
to
provide
notice
that
such
may
31
negatively
impact
upon
the
employment
status
of
the
certificated
employee.
32
(8)
The
final
decision
of
the
hearing
panel
shall
be
subject
to
judicial
33
review
in
accordance
with
the
provisions
of
chapter
52,
title
67,
Idaho
Code,
34
in
the
district
court
of
the
county
in
which
the
holder
of
a
revoked
certifi
-
35
cate
has
been
last
employed
as
a
teacher.
36
(9)
Whenever
any
certificate
has
been
revoked,
suspended
or
has
had
37
reasonable
conditions
placed
upon
it,
or
an
application
has
been
denied,
the
38
professional
standards
commission
may,
upon
a
clear
showing
that
the
cause
39
constituting
grounds
for
the
listed
actions
no
longer
exists,
issue
a
valid
40
certificate.
Provided
however,
that
no
certificate
shall
be
issued
to
any
41
person
who
has
been
convicted
of
any
crime
listed
in
subsection
(2)
of
sec
-
42
tion
33
-
1208,
Idaho
Code.
43
(10)
For
any
person
certified
in
another
state
and
applying
for
certifi
-
44
cation
in
Idaho,
and
for
any
person
previously
certified
in
this
state
who
is
45
applying
for
certification
in
the
event
their
certification
has
lapsed
or
is
46
seeking
renewal
of
a
current
certification,
the
chief
certification
officer
47
shall
deny
an
application
for
a
new
certificate
or
for
a
renewal
of
a
cer
-
48
tificate,
regardless
of
the
jurisdiction
where
such
certificate
was
issued,
49
if
there
are
any
unsatisfied
conditions
on
such
current
or
previously
is
-
50
4
sued
certificate
or
if
there
is
any
form
of
pending
investigation
by
a
state
1
agency
concerning
the
applicant's
teaching
license
or
certificate.
Pro
-
2
vided
however,
the
chief
certification
officer
shall
not
automatically
deny
3
the
application
if
such
person
authorized
in
writing
that
the
chief
certi
-
4
fication
officer
and
the
professional
standards
commission
shall
have
full
5
access
to
the
investigative
files
concerning
the
conditions
on,
or
investi
-
6
gation
concerning,
such
certificate
in
Idaho
or
any
other
state
or
province.
7
Upon
review
of
the
information
authorized
for
release
by
the
applicant,
the
8
chief
certification
officer
shall
either
grant
or
deny
such
application
or,
9
upon
denial
and
upon
written
request
made
by
the
applicant
within
thirty
10
(30)
days
of
such
denial,
shall
afford
the
applicant
with
the
procedures
set
1
1
forth
in
subsections
(3)
through
(9)
of
this
section.
If
the
applicant
does
12
not
execute
the
written
authorization
discussed
herein,
reapplication
may
13
be
made
once
all
investigations
have
been
completed
and
all
conditions
have
14
been
satisfied,
resulting
in
a
clear
certificate
from
the
issuing
state
or
15
province.
16
(11)
For
the
purposes
of
this
section,
the
term
"teacher"
shall
include
17
any
individual
required
to
hold
a
certificate
pursuant
to
section
33
-
1201,
18
Idaho
Code.
19
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
20
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
21
July
1,
2026.
22