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 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 public school district, public17 charter school, private school, the state department of education,18 or any other entity that provides K-12 education and receives public19 funds, including any program, school, or activity operated by or under20 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 to23 educator-student relationships.24 (d) "Pending investigation" means any internal, administrative, reg-25 ulatory, or criminal investigation that has been initiated and has not26 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 of29 reporting to law enforcement as required by section 16-1605, Idaho Code.30 Nothing in this subsection shall be construed to prohibit an educational31 entity from taking administrative action or conducting an internal review32 or investigation after a report has been made in compliance with section33 16-1605, Idaho Code.34 (4) Prior to hiring an employee, an educational entity shall obtain35 disclosure statements from applicants and all educational employers or ed-36 ucational contractors with the applicant for the prior ten (10) years and37 shall specifically request information about any pending investigations,38 resignations during investigations, and disciplinary actions involving the39 applicant. Any applicant who makes a material misrepresentation or willful40 omission regarding such disclosure statements or information required by41

2 this subsection shall be subject to immediate termination of employment or1 recission of such applicant's employment contract.2 (5) An educational entity or administrator that knowingly withholds or3 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 civil7 liability for disclosures made in good faith under this section.8 (7) Any resignation, termination, or administrative leave during an9 investigation of misconduct by a covered individual shall be referred to the10 Idaho professional standards commission. Upon referral, the educational11 entity shall confirm that the covered individual's certification status is12 accurately reflected in the state department of education's certification13 lookup application.14

SECTION 2. An emergency existing therefor, which emergency is hereby15 declared to exist, this act shall be in full force and effect on and after16 July 1, 2026.17