Idaho § 33-145 - Idaho Student Safety and Educator Disclosure Act

§ 33-145. Idaho Student Safety and Educator Disclosure Act

(1) The legislature finds that student safety is a paramount responsibility of the state and that uniform statewide reporting and disclosure requirements in the hiring of school employees is necessary to protect good faith disclosures and prevent concealment of misconduct against a student.

(2) For the purposes of this section:

(a) "Covered individual" means any school personnel.

(b) "Educational entity" means any school district, public charter school, or private school providing instruction in kindergarten through grade 12, inclusive, or any combination thereof.

(c) "Misconduct" means any conduct by a covered individual that violates the provisions of section 33-1208 , Idaho Code, relating to educator-student relationships or the code of ethics for Idaho professional educators relating to educator-student relationships.

(d) "Pending investigation" means any internal, administrative, regulatory, or criminal investigation that has been initiated and has not reached a final disposition.

(3) An educational entity shall not conduct an internal review or investigation of alleged abuse, abandonment, or neglect of a child in lieu of reporting to law enforcement as required by section 16-1605 , Idaho Code. Nothing in this subsection shall be construed to prohibit an educational entity from taking administrative or employment action or conducting an internal review or investigation after a report has been made in compliance with section 16-1605 , Idaho Code.

(4) Prior to hiring an applicant, an educational entity that is a school district employer shall require an applicant to provide sworn written statements disclosing any pending or prior investigations, resignations during investigations or in lieu of contemplated disciplinary action, or disciplinary actions involving the applicant for misconduct in connection with employment or professional licensure or certification. Any applicant who makes a material misrepresentation or willful omission related to the disclosure statements or information required in this subsection shall be subject to immediate termination of employment or rescission of such applicant’s offer of employment or employment contract.

(5)(a) Prior to hiring an applicant, any educational entity that is not a school district employer shall:

(i) Require the applicant to sign a statement authorizing the applicant’s current and past employers for the past ten (10) years to provide the hiring educational entity with information regarding any pending or prior investigations, resignations during investigations or in lieu of contemplated disciplinary action, or disciplinary actions for misconduct involving the applicant; and

(ii) Request in writing, electronic or otherwise, that the applicant’s current and past employers for the past ten (10) years provide the information described in subparagraph (i) of this paragraph, if any. The request shall include a copy of the statement signed by the applicant provided in subparagraph (i) of this paragraph. The process provided in section 33-1210 (2), Idaho Code, shall apply to requests made by educational entities pursuant to this subsection.

(b) An applicant’s current or past employers shall respond to any request received pursuant to this subsection. An educational entity shall release such current and past employers, including employees acting on behalf of an employer, from any civil liability for providing such information in good faith. A disclosure made pursuant to this section shall be considered to be made in good faith unless the employer knew the information disclosed was false or misleading.

(6) Any resignation during investigations or in lieu of contemplated disciplinary action, termination, or administrative leave that occurs during an investigation of misconduct by a covered individual shall be referred to the Idaho professional standards commission if the covered individual holds an Idaho educator certificate. If the Idaho professional standards commission takes disciplinary action against a covered individual as a result of the information it receives pursuant to this subsection, the commission shall update the covered individual’s certification status accordingly.

(7) A private school employee may bring a claim against a private school employer under the provisions of chapter 21, title 6 , Idaho Code, only if the employee’s good faith allegations made pursuant to the provisions of section 6-2104 , Idaho Code, involve misconduct or a violation or suspected violation of section 16-1605 , Idaho Code. All provisions of chapter 21, title 6 , Idaho Code, shall apply to such a claim. For purposes of such claim, the private school employer shall be considered an employer as that term is defined in section 6-2103 , Idaho Code, and the private school employee shall be considered an employee as that term is defined in section 6-2103 , Idaho Code.

[33-145, added 2026, ch. 248, sec. 1, p. 1048.]