Adds to existing law to establish provisions regarding inappropriate online behavior by students and to prescribe a process for student discipline by the school district or public charter school.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 785 BY EDUCATION COMMITTEE AN ACT1 RELATING TO EDUCATION; AMENDING CHAPTER 5, TITLE 33, IDAHO CODE, BY THE AD-2 DITION OF A NEW SECTION 33-512E, IDAHO CODE, TO ESTABLISH PROVISIONS3 REGARDING INAPPROPRIATE ONLINE BEHAVIOR BY STUDENTS AND TO PRESCRIBE A4 PROCESS FOR STUDENT DISCIPLINE BY THE SCHOOL DISTRICT OR PUBLIC CHARTER5 SCHOOL; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.6

Be It Enacted by the Legislature of the State of Idaho:7

SECTION 1. That Chapter 5, Title 33, Idaho Code, be, and the same is8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-9 ignated as Section 33-512E, Idaho Code, and to read as follows:10 33-512E. INAPPROPRIATE ONLINE BEHAVIOR -- DISCIPLINARY MEASURES. (1)11 Any student who engages in inappropriate online behavior as defined in this12 section toward a public school employee or other person as defined in this13 section shall be reported to the school district board of trustees or the14 public charter school governing board for investigation and, if applicable,15 for imposition of disciplinary measures.16 (2) For purposes of this section:17 (a) "Inappropriate online behavior" means any communication through18 the internet, a mobile electronic device as defined in section19 49-1401A, Idaho Code, or any other online means, including social me-20 dia platforms, that harasses, threatens, or bullies any public school21 employee or other person, whether it occurs during or outside of school22 hours or on or off school property. The term includes but is not limited23 to any online communication that:24 (i) Contains obscene or discriminatory content directed at pub-25 lic school employees or other persons; or26 (ii) Harms the reputation, dignity, or safety of public school em-27 ployees or other persons.28 (b) "Person" means any student enrolled in any school district or pub-29 lic charter school, any parent or legal guardian of a student enrolled30 in any school district or public charter school, or any volunteer at any31 school district or public charter school.32 (c) "Public school employee" means a person directly employed by a33 school district or public charter school, including administrators,34 instructional staff, and pupil service staff.35 (3) Upon receipt of a report regarding inappropriate online behavior36 toward a public school employee or other person, the school district board37 of trustees or the board's designee or the public charter school governing38 board or the board's designee shall investigate the matter to determine the39 veracity of the claims contained in the report. The investigation may in-40 clude conducting interviews and gathering any relevant evidence. The school41 district board of trustees or the public charter school governing board42

2 shall notify the parents or legal guardians of the student about such report1 and, if appropriate, notify law enforcement.2 (4) If the school district board of trustees or the public charter3 school governing board determines that the student engaged in inappropriate4 online behavior as described in this section, the student and the parents or5 legal guardians of such student shall meet with the school district board6 of trustees or the public charter school governing board regarding dis-7 ciplinary measures. The school district board of trustees or the public8 charter school governing board shall impose appropriate and proportional9 disciplinary measures, including but not limited to warning or reprimand,10 required participation in an online behavior awareness program, temporary11 suspension, or expulsion.12 (5) Nothing in this section prohibits or prevents an adversely affected13 public school employee or other person from pursuing any other available le-14 gal remedies.15

SECTION 2. An emergency existing therefor, which emergency is hereby16 declared to exist, this act shall be in full force and effect on and after17 July 1, 2026.18