Read the full stored bill text
LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1371
BY
JUDICIARY
AND
RULES
COMMITTEE
AN
ACT
1
RELATING
TO
EDUCATION;
AMENDING
CHAPTER
1,
TITLE
33,
IDAHO
CODE,
BY
THE
ADDI
-
2
TION
OF
A
NEW
SECTION
33
-
145,
IDAHO
CODE,
TO
ESTABLISH
THE
IDAHO
STUDENT
3
SAFETY
AND
EDUCATOR
DISCLOSURE
ACT;
AND
DECLARING
AN
EMERGENCY
AND
PRO
-
4
VIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Chapter
1,
Title
33,
Idaho
Code,
be,
and
the
same
is
7
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
8
ignated
as
Section
33
-
145,
Idaho
Code,
and
to
read
as
follows:
9
33
-
145.
IDAHO
STUDENT
SAFETY
AND
EDUCATOR
DISCLOSURE
ACT.
(1)
The
10
legislature
finds
that
student
safety
is
a
paramount
responsibility
of
the
1
1
state
and
that
uniform
statewide
reporting
and
disclosure
requirements
in
12
the
hiring
of
school
employees
is
necessary
to
protect
good
faith
disclo
-
13
sures
and
prevent
concealment
of
misconduct
against
a
student.
14
(2)
For
the
purposes
of
this
section:
15
(a)
"Covered
individual"
means
any
school
personnel.
16
(b)
"Educational
entity"
means
any
public
school
district,
public
17
charter
school,
private
school,
the
state
department
of
education,
18
or
any
other
entity
that
provides
K
-
12
education
and
receives
public
19
funds,
including
any
program,
school,
or
activity
operated
by
or
under
20
the
authority
of
such
entity.
21
(c)
"Misconduct"
means
any
conduct
by
a
covered
individual
that
vio
-
22
lates
the
code
of
ethics
for
Idaho
professional
educators
relating
to
23
educator
-
student
relationships.
24
(d)
"Pending
investigation"
means
any
internal,
administrative,
reg
-
25
ulatory,
or
criminal
investigation
that
has
been
initiated
and
has
not
26
reached
a
final
disposition.
27
(3)
An
educational
entity
shall
not
conduct
an
internal
review
or
in
-
28
vestigation
of
alleged
abuse,
abandonment,
or
neglect
of
a
child
in
lieu
of
29
reporting
to
law
enforcement
as
required
by
section
16
-
1605,
Idaho
Code.
30
Nothing
in
this
subsection
shall
be
construed
to
prohibit
an
educational
31
entity
from
taking
administrative
action
or
conducting
an
internal
review
32
or
investigation
after
a
report
has
been
made
in
compliance
with
section
33
16
-
1605,
Idaho
Code.
34
(4)
Prior
to
hiring
an
employee,
an
educational
entity
shall
obtain
35
disclosure
statements
from
applicants
and
all
educational
employers
or
ed
-
36
ucational
contractors
with
the
applicant
for
the
prior
ten
(10)
years
and
37
shall
specifically
request
information
about
any
pending
investigations,
38
resignations
during
investigations,
and
disciplinary
actions
involving
the
39
applicant.
Any
applicant
who
makes
a
material
misrepresentation
or
willful
40
omission
regarding
such
disclosure
statements
or
information
required
by
41
2
this
subsection
shall
be
subject
to
immediate
termination
of
employment
or
1
recission
of
such
applicant's
employment
contract.
2
(5)
An
educational
entity
or
administrator
that
knowingly
withholds
or
3
falsifies
a
disclosure
statement
required
under
this
section
shall
be
sub
-
4
ject
to
administrative
penalties,
civil
liability,
and
professional
disci
-
5
pline.
6
(6)
Educational
entities
and
administrators
have
immunity
from
civil
7
liability
for
disclosures
made
in
good
faith
under
this
section.
8
(7)
Any
resignation,
termination,
or
administrative
leave
during
an
9
investigation
of
misconduct
by
a
covered
individual
shall
be
referred
to
the
10
Idaho
professional
standards
commission.
Upon
referral,
the
educational
1
1
entity
shall
confirm
that
the
covered
individual's
certification
status
is
12
accurately
reflected
in
the
state
department
of
education's
certification
13
lookup
application.
14
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
15
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
16
July
1,
2026.
17