Adds to existing law to provide for the Idaho Education Whistleblower Protection Act.

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-	11
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

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(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	11
July 1, 2026.	12

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