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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1372
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
-
144,
IDAHO
CODE,
TO
ESTABLISH
THE
IDAHO
EDUCA
-
3
TION
WHISTLEBLOWER
PROTECTION
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
-
144,
Idaho
Code,
and
to
read
as
follows:
9
33
-
144.
IDAHO
EDUCATION
WHISTLEBLOWER
PROTECTION
ACT.
(1)
The
legis
-
10
lature
recognizes
that
fear
of
retaliation
discourages
reporting
of
miscon
-
1
1
duct
and
that
strong
protections
are
necessary
to
safeguard
students.
12
(2)
For
the
purposes
of
this
section:
13
(a)
"Educational
entity"
means
any
public
school
district,
public
14
charter
school,
private
school,
the
state
department
of
education,
15
or
any
other
entity
that
provides
K
-
12
education
and
receives
public
16
funds.
17
(b)
"Protected
activity"
means
any
of
the
following
actions
taken
in
18
good
faith:
19
(i)
Reporting
or
attempting
to
report
to
law
enforcement
sexual
20
misconduct
or
a
violation
of
a
law,
rule,
policy,
or
professional
21
standard
related
to
student
safety;
22
(ii)
Participating
in,
cooperating
with,
or
providing
informa
-
23
tion
in
an
investigation,
proceeding,
or
hearing
pertaining
to
al
-
24
leged
sexual
misconduct
or
a
violation
of
a
law,
rule,
policy,
or
25
professional
standard
related
to
student
safety;
or
26
(iii)
Refusing
to
participate
in
the
concealment
of
such
miscon
-
27
duct.
28
(c)
"Retaliation"
means
any
adverse
employment
or
contractual
action
29
taken
against
a
whistleblower
because
of
protected
activity,
including
30
termination,
demotion,
contract
nonrenewal,
reassignment,
suspension,
31
harassment,
reduction
in
pay
or
hours,
or
any
other
action
that
would
32
dissuade
a
reasonable
person
from
reporting
misconduct.
33
(d)
"Whistleblower"
means
any
employee,
applicant,
or
school
personnel
34
who
reports
or
assists
in
reporting,
in
good
faith,
sexual
misconduct
or
35
a
violation
of
a
law,
rule,
policy,
or
professional
standard
related
to
36
student
safety.
37
(3)
An
educational
entity
shall
not
retaliate
against
a
whistleblower
38
for
reporting
misconduct,
participating
in
investigations,
or
refusing
to
39
conceal
misconduct.
40
2
(4)
Adverse
employment
action
taken
within
six
(6)
weeks
of
protected
1
activity
is
presumed
to
be
retaliation
unless
proven
otherwise
by
clear
and
2
convincing
evidence.
3
(5)
A
whistleblower
who
experiences
retaliation
in
violation
of
this
4
section
may
bring
a
civil
action
in
a
court
of
competent
jurisdiction
against
5
an
educational
entity
and
shall
be
entitled
to
monetary
damages
and
attor
-
6
ney's
fees.
7
(6)
The
provisions
of
this
section
shall
apply
to
whistleblower
pro
-
8
tected
activity
taken
on
and
after
July
1,
2026.
9
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
10
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
1
1
July
1,
2026.
12