Adds to existing law to provide for the Idaho Student Safety and Educator Disclosure Act.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1412 BY STATE AFFAIRS COMMITTEE AN ACT1 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 STUDENT3 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 is7 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) The10 legislature finds that student safety is a paramount responsibility of the11 state and that uniform statewide reporting and disclosure requirements in12 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 school district, public char-17 ter school, or private school providing instruction in kindergarten18 through grade 12, inclusive, or any combination thereof.19 (c) "Misconduct" means any conduct by a covered individual that vio-20 lates the provisions of section 33-1208, Idaho Code, relating to educa-21 tor-student relationships or the code of ethics for Idaho professional22 educators relating to educator-student relationships.23 (d) "Pending investigation" means any internal, administrative, reg-24 ulatory, or criminal investigation that has been initiated and has not25 reached a final disposition.26 (3) An educational entity shall not conduct an internal review or in-27 vestigation of alleged abuse, abandonment, or neglect of a child in lieu of28 reporting to law enforcement as required by section 16-1605, Idaho Code.29 Nothing in this subsection shall be construed to prohibit an educational30 entity from taking administrative or employment action or conducting an31 internal review or investigation after a report has been made in compliance32 with section 16-1605, Idaho Code.33 (4) Prior to hiring an applicant, an educational entity that is a34 school district employer shall require an applicant to provide sworn written35 statements disclosing any pending or prior investigations, resignations36 during investigations or in lieu of contemplated disciplinary action, or37 disciplinary actions involving the applicant for misconduct in connection38 with employment or professional licensure or certification. Any applicant39 who makes a material misrepresentation or willful omission related to the40 disclosure statements or information required in this subsection shall be41

2 subject to immediate termination of employment or rescission of such appli-1 cant's offer of employment or employment contract.2 (5)(a) Prior to hiring an applicant, any educational entity that is not3 a school district employer shall:4 (i) Require the applicant to sign a statement authorizing the ap-5 plicant's current and past employers for the past ten (10) years to6 provide the hiring educational entity with information regarding7 any pending or prior investigations, resignations during investi-8 gations or in lieu of contemplated disciplinary action, or disci-9 plinary actions for misconduct involving the applicant; and10 (ii) Request in writing, electronic or otherwise, that the appli-11 cant's current and past employers for the past ten (10) years pro-12 vide the information described in subparagraph (i) of this para-13 graph, if any. The request shall include a copy of the statement14 signed by the applicant provided in subparagraph (i) of this para-15 graph. The process provided in section 33-1210(2), Idaho Code,16 shall apply to requests made by educational entities pursuant to17 this subsection.18 (b) An applicant's current or past employers shall respond to any re-19 quest received pursuant to this subsection. An educational entity20 shall release such current and past employers, including employees21 acting on behalf of an employer, from any civil liability for provid-22 ing such information in good faith. A disclosure made pursuant to this23 section shall be considered to be made in good faith unless the employer24 knew the information disclosed was false or misleading.25 (6) Any resignation during investigations or in lieu of contemplated26 disciplinary action, termination, or administrative leave that occurs dur-27 ing an investigation of misconduct by a covered individual shall be referred28 to the Idaho professional standards commission if the covered individual29 holds an Idaho educator certificate. If the Idaho professional standards30 commission takes disciplinary action against a covered individual as a31 result of the information it receives pursuant to this subsection, the32 commission shall update the covered individual's certification status ac-33 cordingly.34 (7) A private school employee may bring a claim against a private school35 employer under the provisions of chapter 21, title 6, Idaho Code, only if the36 employee's good faith allegations made pursuant to the provisions of section37 6-2104, Idaho Code, involve misconduct or a violation or suspected violation38 of section 16-1605, Idaho Code. All provisions of chapter 21, title 6, Idaho39 Code, shall apply to such a claim. For purposes of such claim, the private40 school employer shall be considered an employer as that term is defined in41 section 6-2103, Idaho Code, and the private school employee shall be consid-42 ered an employee as that term is defined in section 6-2103, Idaho Code.43

SECTION 2. An emergency existing therefor, which emergency is hereby44 declared to exist, this act shall be in full force and effect on and after45 July 1, 2026.46