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. 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	11
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

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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	11
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

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