Adds to existing law to provide for the Idaho Education Whistleblower Protection Act.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1372 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 33-144, IDAHO CODE, TO ESTABLISH THE IDAHO EDUCA-3 TION WHISTLEBLOWER PROTECTION 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 33-144, Idaho Code, and to read as follows:9 33-144. IDAHO EDUCATION WHISTLEBLOWER PROTECTION ACT. (1) The legis-10 lature recognizes that fear of retaliation discourages reporting of miscon-11 duct and that strong protections are necessary to safeguard students.12 (2) For the purposes of this section:13 (a) "Educational entity" means any public school district, public14 charter school, private school, the state department of education,15 or any other entity that provides K-12 education and receives public16 funds.17 (b) "Protected activity" means any of the following actions taken in18 good faith:19 (i) Reporting or attempting to report to law enforcement sexual20 misconduct or a violation of a law, rule, policy, or professional21 standard related to student safety;22 (ii) Participating in, cooperating with, or providing informa-23 tion in an investigation, proceeding, or hearing pertaining to al-24 leged sexual misconduct or a violation of a law, rule, policy, or25 professional standard related to student safety; or26 (iii) Refusing to participate in the concealment of such miscon-27 duct.28 (c) "Retaliation" means any adverse employment or contractual action29 taken against a whistleblower because of protected activity, including30 termination, demotion, contract nonrenewal, reassignment, suspension,31 harassment, reduction in pay or hours, or any other action that would32 dissuade a reasonable person from reporting misconduct.33 (d) "Whistleblower" means any employee, applicant, or school personnel34 who reports or assists in reporting, in good faith, sexual misconduct or35 a violation of a law, rule, policy, or professional standard related to36 student safety.37 (3) An educational entity shall not retaliate against a whistleblower38 for reporting misconduct, participating in investigations, or refusing to39 conceal misconduct.40

2 (4) Adverse employment action taken within six (6) weeks of protected1 activity is presumed to be retaliation unless proven otherwise by clear and2 convincing evidence.3 (5) A whistleblower who experiences retaliation in violation of this4 section may bring a civil action in a court of competent jurisdiction against5 an educational entity and shall be entitled to monetary damages and attor-6 ney's fees.7 (6) The provisions of this section shall apply to whistleblower pro-8 tected activity taken on and after July 1, 2026.9

SECTION 2. An emergency existing therefor, which emergency is hereby10 declared to exist, this act shall be in full force and effect on and after11 July 1, 2026.12