Amends existing law to revise provisions regarding investigations conducted by the Idaho Professional Standards Commission.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 635 BY EDUCATION COMMITTEE AN ACT1 RELATING TO EDUCATION; AMENDING SECTION 33-1209, IDAHO CODE, TO REVISE PRO-2 VISIONS REGARDING INVESTIGATIONS BY THE PROFESSIONAL STANDARDS COMMIS-3 SION; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.4

Be It Enacted by the Legislature of the State of Idaho:5

SECTION 1. That Section 33-1209, Idaho Code, be, and the same is hereby6 amended to read as follows:7 33-1209. PROCEEDINGS TO REVOKE, SUSPEND, DENY OR PLACE REASONABLE8 CONDITIONS ON A CERTIFICATE -- LETTERS OF REPRIMAND -- COMPLAINT -- SUBPOENA9 POWER -- HEARING. (1) The professional standards commission may conduct10 investigations on any signed allegation of unethical conduct of any teacher11 brought by:12 (a) An individual with a substantial interest in the matter, except a13 student in an Idaho public school; or14 (b) A local board of trustees.15 The allegation shall state the specific ground or grounds for the allegation16 of unethical conduct that could lead to a possible revocation, suspension,17 placing reasonable conditions on the certificate, or issuance of a letter of18 reprimand. Upon receipt of a written and signed allegation of unethical con-19 duct, the chief certification officer, in conjunction with the attorney gen-20 eral and the professional standards commission investigator, shall conduct21 a review of the allegation using established guidelines to determine whether22 to remand the issue to the school district to be resolved locally or to open23 an investigation and forward the case to the professional standards commis-24 sion. Within fourteen (14) days of the decision to forward the case, the25 chief certification officer shall notify the complainant and the teacher, in26 writing, that an investigation will be conducted and the teacher shall be af-27 forded an opportunity to respond to the allegation verbally and in writing28 prior to the issuance of the complaint. The executive committee of the pro-29 fessional standards commission shall review the circumstances of the for-30 warded case at one (1) of the two (2) next regularly scheduled meetings, and31 determine whether probable cause exists to warrant the filing of a complaint32 and the requesting of a hearing.33 (2) Proceedings to revoke or suspend any certificate issued under sec-34 tion 33-1201, Idaho Code, or to issue a letter of reprimand or place reason-35 able conditions on the certificate shall be commenced by a written complaint36 against the holder thereof. Such complaint shall be made by the chief certi-37 fication officer stating the ground or grounds for issuing a letter of rep-38 rimand, placing reasonable conditions on the certificate, or for revocation39 or suspension and proposing that a letter of reprimand be issued, reason-40 able conditions be placed on the certificate, or the certificate be revoked41 or suspended. A copy of the complaint shall be served upon the certificate42

2 holder, either by personal service or by certified mail, within thirty (30)1 days of determination by the executive committee or such other time agreed2 to by the teacher and the chief certification officer. Any complaint that3 contains information relating to behavior that may be criminal shall be re-4 ported to the appropriate law enforcement authorities.5 (3) Not more than thirty (30) days after the date of service of any6 complaint, the person complained against may request, in writing, a hearing7 upon the complaint. Any such request shall be made and addressed to the state8 superintendent of public instruction; and if no request for hearing is made,9 the grounds for suspension, revocation, placing reasonable conditions on10 the certificate, or issuing a letter of reprimand stated in the complaint11 shall be deemed admitted. Upon a request for hearing, the chief certifi-12 cation officer shall give notice, in writing, to the person requesting the13 hearing, which notice shall state the time and place of the hearing and which14 shall occur not more than ninety (90) days from the request for hearing or15 such other time agreed to by the teacher and the chief certification officer.16 The time of such hearing shall not be less than five (5) days from the date of17 notice thereof. Any such hearing shall be informal and shall conform with18 chapter 52, title 67, Idaho Code. The hearing will be held within the school19 district in which any teacher complained of shall teach, or at such other20 place deemed most convenient for all parties.21 (4) Any such hearing shall be conducted by three (3) or more panel mem-22 bers appointed by the chairman of the professional standards commission, a23 majority of whom shall hold a position of employment the same as the person24 complained against. One (1) of the panel members shall serve as the panel25 chair. The panel chair shall be selected by the chairman of the professional26 standards commission from a list of former members of the professional stan-27 dards commission who shall be instructed in conducting administrative hear-28 ings. No commission member who participated in the probable cause determi-29 nation process in a given case shall serve on the hearing panel. All hear-30 ings shall be held with the object of ascertaining the truth. Any person com-31 plained against may appear in person and may be represented by legal counsel,32 and may produce, examine and cross-examine witnesses, and, if he chooses to33 do so, may submit for the consideration of the hearing panel a statement, in34 writing, in lieu of oral testimony, but any such statement shall be under35 oath and the affiant shall be subject to cross-examination.36 (5) The state superintendent of public instruction, as authorized by37 the state board of education, has the power to issue subpoenas and compel38 the attendance of witnesses and compel the production of pertinent papers,39 books, documents, records, accounts and testimony. The state board or its40 authorized representative may, if a witness refuses to attend or testify or41 to produce any papers required by such subpoena, report to the district court42 in and for the county in which the proceeding is pending, by petition, set-43 ting forth that a due notice has been given of the time and place of atten-44 dance of the witnesses, or the production of the papers, that the witness has45 been properly summoned, and that the witness has failed and refused to at-46 tend or produce the papers required by this subpoena before the board, or its47 representative, or has refused to answer questions propounded to him in the48 course of the proceedings, and ask for an order of the court compelling the49 witness to attend and testify and produce the papers before the board. The50

3 court, upon the petition of the board, shall enter an order directing the1 witness to appear before the court at a time and place to be fixed by the court2 in the order, the time to be not more than ten (10) days from the date of the3 order, and then and there shall show cause why he has not attended and testi-4 fied or produced the papers before the board or its representative. A copy of5 the order shall be served upon the witness. If it shall appear to the court6 that the subpoena was regularly issued by the board and regularly served, the7 court shall thereupon order that the witness appear before the board at the8 time and place fixed in the order and testify or produce the required papers.9 Upon failure to obey the order, the witness shall be dealt with for contempt10 of court. The subpoenas shall be served and witness fees and mileage paid as11 allowed in civil cases in the district courts of this state.12 (6) Within twenty-one (21) days of the conclusion of any hearing13 dealing with the revocation, suspension, denial of a certificate, placing14 reasonable conditions on the certificate, or issuing a letter of reprimand,15 the hearing panel shall submit to the chief certification officer, to the16 person complained against and to the chief administrative officer of the17 public school employing the certificate holder, if any, a concise statement18 of the proceedings, a summary of the testimony, and any documentary evidence19 offered, together with the findings of fact and a decision. The hearing20 panel may determine to suspend or revoke the certificate, or the panel may21 order that reasonable conditions be placed on the certificate or a letter of22 reprimand be sent to the certificate holder, or if there are not sufficient23 grounds, the allegation against the certificate holder is dismissed and is24 so recorded.25 (7) Within three (3) days of issuance, the hearing panel's decision26 shall be made a permanent part of the record of the certificate holder.27 Should the final decision be to place reasonable conditions upon the cer-28 tificate holder or a suspension or revocation of the teaching certificate,29 the professional standards commission must notify the employing public30 school of the hearing panel's decision and to provide notice that such may31 negatively impact upon the employment status of the certificated employee.32 (8) The final decision of the hearing panel shall be subject to judicial33 review in accordance with the provisions of chapter 52, title 67, Idaho Code,34 in the district court of the county in which the holder of a revoked certifi-35 cate has been last employed as a teacher.36 (9) Whenever any certificate has been revoked, suspended or has had37 reasonable conditions placed upon it, or an application has been denied, the38 professional standards commission may, upon a clear showing that the cause39 constituting grounds for the listed actions no longer exists, issue a valid40 certificate. Provided however, that no certificate shall be issued to any41 person who has been convicted of any crime listed in subsection (2) of sec-42 tion 33-1208, Idaho Code.43 (10) For any person certified in another state and applying for certifi-44 cation in Idaho, and for any person previously certified in this state who is45 applying for certification in the event their certification has lapsed or is46 seeking renewal of a current certification, the chief certification officer47 shall deny an application for a new certificate or for a renewal of a cer-48 tificate, regardless of the jurisdiction where such certificate was issued,49 if there are any unsatisfied conditions on such current or previously is-50

4 sued certificate or if there is any form of pending investigation by a state1 agency concerning the applicant's teaching license or certificate. Pro-2 vided however, the chief certification officer shall not automatically deny3 the application if such person authorized in writing that the chief certi-4 fication officer and the professional standards commission shall have full5 access to the investigative files concerning the conditions on, or investi-6 gation concerning, such certificate in Idaho or any other state or province.7 Upon review of the information authorized for release by the applicant, the8 chief certification officer shall either grant or deny such application or,9 upon denial and upon written request made by the applicant within thirty10 (30) days of such denial, shall afford the applicant with the procedures set11 forth in subsections (3) through (9) of this section. If the applicant does12 not execute the written authorization discussed herein, reapplication may13 be made once all investigations have been completed and all conditions have14 been satisfied, resulting in a clear certificate from the issuing state or15 province.16 (11) For the purposes of this section, the term "teacher" shall include17 any individual required to hold a certificate pursuant to section 33-1201,18 Idaho Code.19

SECTION 2. An emergency existing therefor, which emergency is hereby20 declared to exist, this act shall be in full force and effect on and after21 July 1, 2026.22