2004 Legislation
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SENATE BILL NO. 1350 – Teacher certificate, conditions

SENATE BILL NO. 1350

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Bill Status



S1350aa........................................................by EDUCATION
TEACHER CERTIFICATE - Amends existing law to provide for placing reasonable
conditions on a certificate; to delete the provision for placing a letter
of reprimand in the record of a certificate holder when the executive
committee has determined there are not sufficient grounds for suspending or
revoking the certificate; to provide for dismissal of an allegation; and to
provide grounds for which a certificate shall not be issued.
                                                                        
02/16    Senate intro - 1st rdg - to printing
02/17    Rpt prt - to Educ
02/27    Rpt out - to 14th Ord
03/02    Rpt out amen - to engros
03/03    Rpt engros - 1st rdg - to 2nd rdg as amen
03/04    2nd rdg - to 3rd rdg as amen
03/09    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
      Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Gannon
    Title apvd - to House
03/10    House intro - 1st rdg - to Educ
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 68-0-2
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Black,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy,
      Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
      Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
      Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
      Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bell, Crow
    Floor Sponsor - Nielsen
    Title apvd - to Senate
03/18    To enrol
03/19    Rpt enrol - Pres signed - Sp signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 221
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1350
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC SCHOOL TEACHERS; AMENDING SECTION 33-1209, IDAHO  CODE,  TO
  3        PROVIDE  THAT THE CHIEF CERTIFICATION OFFICER FOR THE DEPARTMENT OF EDUCA-
  4        TION OR THE ADMINISTRATOR FOR THE PROFESSIONAL  STANDARDS  COMMISSION  MAY
  5        BRING  ALLEGATIONS AGAINST A TEACHER, TO PROVIDE FOR PLACING CONDITIONS ON
  6        A CERTIFICATE, TO DELETE PROVISION FOR PLACING A LETTER  OF  REPRIMAND  IN
  7        THE RECORD OF A CERTIFICATE HOLDER WHEN THE EXECUTIVE COMMITTEE HAS DETER-
  8        MINED THERE ARE NOT SUFFICIENT GROUNDS FOR SUSPENDING OR REVOKING THE CER-
  9        TIFICATE,  TO  PROVIDE  FOR DISMISSAL OF AN ALLEGATION, TO PROVIDE GROUNDS
 10        FOR WHICH A CERTIFICATE SHALL NOT BE ISSUED AND TO MAKE TECHNICAL  CORREC-
 11        TIONS.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Section 33-1209, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        33-1209.  PROCEEDINGS TO REVOKE, SUSPEND, OR DENY OR PLACE CONDITIONS ON A
 16    CERTIFICATE -- LETTERS OF REPRIMAND -- COMPLAINT -- SUBPOENA POWER -- HEARING.
 17    (1) The professional standards commission may conduct  investigations  on  any
 18    signed allegation of unethical practice of any teacher brought by:
 19        (a)  An  individual  with  a  substantial interest in the matter, except a
 20        student in an Idaho public school; or
 21        (b)  A local board of trustees; or
 22        (c)  The chief certification officer for the state  department  of  educa-
 23        tion; or
 24        (d)  The administrator for the professional standards commission.
 25    The allegation shall state the specific ground or grounds for revocation, sus-
 26    pension,  placing  conditions  on  the certificate, or issuance of a letter of
 27    reprimand. The executive committee of the  professional  standards  commission
 28    shall  review  the  circumstances  of  the case and determine whether probable
 29    cause exists to warrant the filing of a complaint  and  the  requesting  of  a
 30    hearing.
 31        (2)  If  the  executive  committee  determines  there  are  not sufficient
 32    grounds for revocation or suspension, the committee may recommend to the chief
 33    certification officer that a letter of reprimand be sent  to  the  certificate
 34    holder,  and  that a copy of such letter shall be made a permanent part of the
 35    record of the certificate holder.
 36        (3)  Proceedings to revoke or suspend any certificate issued under section
 37    33-1201, Idaho Code, or to issue a letter of reprimand or place conditions  on
 38    the  certificate  shall be commenced by a written complaint against the holder
 39    thereof. Such complaint shall be made by the chief certification officer stat-
 40    ing the ground or grounds for issuing a letter of  reprimand,  placing  condi-
 41    tions on the certificate, or for revocation or suspension and proposing that a
 42    letter of reprimand be issued, conditions be placed on the certificate, or the
 43    certificate  be  revoked or suspended. A copy of the complaint shall be served
                                                                        
                                           2
                                                                        
  1    upon the certificate holder, either by personal service or by certified mail.
  2        (43)  Not more than thirty (30) days after the date of service of any com-
  3    plaint, the person complained against may request, in writing, a hearing  upon
  4    the  complaint.  Any  such  request  shall  be made and addressed to the state
  5    superintendent of public instruction; and if no request for hearing  is  made,
  6    the  grounds for suspension, or revocation, placing conditions on the certifi-
  7    cate, or issuing a letter of reprimand stated in the complaint shall be deemed
  8    admitted. Upon a request for hearing, the chief certification  officer,  shall
  9    give  notice,  in  writing, to the person requesting the hearing, which notice
 10    shall state the time and place of the hearing. The time of such hearing  shall
 11    not be less than five (5) days from the date of notice thereof. Any such hear-
 12    ing shall be informal and shall conform with chapter 52, title 67, Idaho Code.
 13    The  hearing will be held within the school district in which any teacher com-
 14    plained of shall teach, or at such other place deemed most convenient for  all
 15    parties.
 16        (54)  Any  such hearing shall be conducted by three (3) or more panel mem-
 17    bers appointed by the chairman of the  professional  standards  commission,  a
 18    majority  of  whom  shall hold a position of employment the same as the person
 19    complained against. One (1) of the panel members  shall  serve  as  the  panel
 20    chair.  The  panel chair shall be selected by the chairman of the professional
 21    standards commission from a list of former members of the  professional  stan-
 22    dards  commission  who  shall be instructed in conducting administrative hear-
 23    ings. No commission member who participated in the probable  cause  determina-
 24    tion  process  in  a given case shall serve on the hearing panel. All hearings
 25    shall be held with the object of ascertaining the truth. Any person complained
 26    against may appear in person and may be represented by legal counsel, and  may
 27    produce, examine and cross-examine witnesses, and, if he chooses to do so, may
 28    submit  for the consideration of the hearing panel a statement, in writing, in
 29    lieu of oral testimony, but any such statement shall be  under  oath  and  the
 30    affiant shall be subject to cross-examination.
 31        (65)  The state superintendent of public instruction, as authorized by the
 32    state  board  of  education,  has  the power to issue subpoenas and compel the
 33    attendance of witnesses and compel the production of pertinent papers,  books,
 34    documents,  records, accounts and testimony. The state board or its authorized
 35    representative may, if a witness refuses to attend or testify  or  to  produce
 36    any  papers required by such subpoena, report to the district court in and for
 37    the county in which the proceeding is pending, by petition, setting forth that
 38    a due notice has been given of the time and place of attendance  of  the  wit-
 39    nesses,  or  the  production of the papers, that the witness has been properly
 40    summoned, and that the witness has failed and refused to attend or produce the
 41    papers required by this subpoena before the board, or its  representative,  or
 42    has  refused  to  answer questions propounded to him in the course of the pro-
 43    ceedings, and ask for an order of the court compelling the witness  to  attend
 44    and testify and produce the papers before the board. The court, upon the peti-
 45    tion of the board, shall enter an order directing the witness to appear before
 46    the  court at a time and place to be fixed by the court in the order, the time
 47    to be not more than ten (10) days from the date of the  order,  and  then  and
 48    there  shall  show cause why he has not attended and testified or produced the
 49    papers before the board or its representative. A copy of the  order  shall  be
 50    served upon the witness. If it shall appear to the court that the subpoena was
 51    regularly  issued by the board and regularly served, the court shall thereupon
 52    order that the witness appear before the board at the time and place fixed  in
 53    the order and testify or produce the required papers. Upon failure to obey the
 54    order,  the  witness  shall be dealt with for contempt of court. The subpoenas
 55    shall be served and witness fees and mileage paid as allowed in civil cases in
                                                                        
                                           3
                                                                        
  1    the district courts of this state.
  2        (76)  At the conclusion of any hearing dealing with the  revocation,  sus-
  3    pension, denial of a certificate, placing conditions on the certificate, or to
  4    issue  issuing  a  letter  of reprimand, the hearing panel shall submit to the
  5    chief certification officer, a concise statement of the proceedings, a summary
  6    of the testimony, and any documentary  evidence  offered,  together  with  the
  7    findings of fact and a decision. The hearing panel may determine to suspend or
  8    revoke  the  certificate,  or the panel may order that conditions be placed on
  9    the certificate or a letter of reprimand be sent to the certificate holder, or
 10    if there are not sufficient grounds, the allegation  against  the  certificate
 11    holder is dismissed and is so recorded.
 12        (87)  The hearing panel's decision shall be given to the person complained
 13    against  and  a copy of the panel's decision shall be made a permanent part of
 14    the record of the certificate holder.
 15        (98)  The final decision of the professional standards commission shall be
 16    subject to judicial review in accordance with the provisions  of  chapter  52,
 17    title  67, Idaho Code, in the district court of the county in which the holder
 18    of a revoked certificate has been last employed as a teacher.
 19        (109)  Whenever any certificate has been refused or revoked, suspended  or
 20    has had conditions placed upon it, or an application has been denied, the pro-
 21    fessional  standards  commission may, upon a clear showing that the cause con-
 22    stituting grounds for refusal or  revocation  the  listed  actions  no  longer
 23    exists,  issue  a valid certificate. or reinstate a revoked certificate either
 24    conditionally or unconditionally Provided however, that no  certificate  shall
 25    be  issued to any person who has been convicted of any crime listed in subsec-
 26    tion 2. of section 33-1208, Idaho Code.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Gannon              
                                                                        
                                                     Seconded by Goedde              
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1350
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in  line  15,  following  "PLACE"   insert:
  3    "REASONABLE";  in  line 21, delete "; or" and insert: "."; delete lines 22, 23
  4    and 24; in line 26, following "placing" insert: "reasonable"; in line 37, fol-
  5    lowing "place" insert: "reasonable"; in line 40, following  "placing"  insert:
  6    "reasonable"; and in line 42, following "issued," insert: "reasonable".
  7        On page 2, in line 6, following "placing" insert: "reasonable"; on page 3,
  8    in  line  3,  following  "placing"  insert: "reasonable"; in line 8, following
  9    "that" insert: "reasonable"; and in line 20, following "has had" insert: "rea-
 10    sonable".
                                                                        
 11                                 CORRECTIONS TO TITLE
 12        On page 1, delete lines 3 and 4; in  line  5,  delete  "BRING  ALLEGATIONS
 13    AGAINST  A  TEACHER,  TO";  and  also  in  line 5, following "PLACING" insert:
 14    "REASONABLE".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1350, As Amended
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC SCHOOL TEACHERS; AMENDING SECTION 33-1209, IDAHO  CODE,  TO
  3        PROVIDE FOR PLACING REASONABLE CONDITIONS ON A CERTIFICATE, TO DELETE PRO-
  4        VISION  FOR  PLACING  A LETTER OF REPRIMAND IN THE RECORD OF A CERTIFICATE
  5        HOLDER WHEN THE EXECUTIVE COMMITTEE HAS DETERMINED THERE  ARE  NOT  SUFFI-
  6        CIENT  GROUNDS  FOR SUSPENDING OR REVOKING THE CERTIFICATE, TO PROVIDE FOR
  7        DISMISSAL OF AN ALLEGATION, TO PROVIDE GROUNDS  FOR  WHICH  A  CERTIFICATE
  8        SHALL NOT BE ISSUED AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section 33-1209, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        33-1209.  PROCEEDINGS TO REVOKE, SUSPEND, OR DENY OR PLACE REASONABLE CON-
 13    DITIONS ON A CERTIFICATE -- LETTERS OF  REPRIMAND  --  COMPLAINT  --  SUBPOENA
 14    POWER -- HEARING. (1) The professional standards commission may conduct inves-
 15    tigations  on  any  signed  allegation  of  unethical  practice of any teacher
 16    brought by:
 17        (a)  An individual with a substantial interest in  the  matter,  except  a
 18        student in an Idaho public school; or
 19        (b)  A local board of trustees.
 20    The allegation shall state the specific ground or grounds for revocation, sus-
 21    pension,  placing  reasonable  conditions on the certificate, or issuance of a
 22    letter of reprimand. The executive committee  of  the  professional  standards
 23    commission  shall  review  the circumstances of the case and determine whether
 24    probable cause exists to warrant the filing of a complaint and the  requesting
 25    of a hearing.
 26        (2)  If  the  executive  committee  determines  there  are  not sufficient
 27    grounds for revocation or suspension, the committee may recommend to the chief
 28    certification officer that a letter of reprimand be sent  to  the  certificate
 29    holder,  and  that a copy of such letter shall be made a permanent part of the
 30    record of the certificate holder.
 31        (3)  Proceedings to revoke or suspend any certificate issued under section
 32    33-1201, Idaho Code, or to issue a letter of  reprimand  or  place  reasonable
 33    conditions  on  the  certificate  shall  be  commenced  by a written complaint
 34    against the holder thereof. Such complaint shall be made by the chief certifi-
 35    cation officer  stating  the  ground  or  grounds  for  issuing  a  letter  of
 36    reprimand, placing reasonable conditions on the certificate, or for revocation
 37    or  suspension  and proposing that a letter of reprimand be issued, reasonable
 38    conditions be placed on the certificate, or the certificate be revoked or sus-
 39    pended. A copy of the complaint shall be served upon the  certificate  holder,
 40    either by personal service or by certified mail.
 41        (43)  Not more than thirty (30) days after the date of service of any com-
 42    plaint,  the person complained against may request, in writing, a hearing upon
 43    the complaint. Any such request shall be  made  and  addressed  to  the  state
                                                                        
                                           2
                                                                        
  1    superintendent  of  public instruction; and if no request for hearing is made,
  2    the grounds for suspension, or revocation, placing  reasonable  conditions  on
  3    the  certificate,  or  issuing  a  letter of reprimand stated in the complaint
  4    shall be deemed admitted. Upon a request for hearing, the chief  certification
  5    officer,  shall give notice, in writing, to the person requesting the hearing,
  6    which notice shall state the time and place of the hearing. The time  of  such
  7    hearing  shall not be less than five (5) days from the date of notice thereof.
  8    Any such hearing shall be informal and shall conform with  chapter  52,  title
  9    67,  Idaho  Code. The hearing will be held within the school district in which
 10    any teacher complained of shall teach, or at such other place deemed most con-
 11    venient for all parties.
 12        (54)  Any such hearing shall be conducted by three (3) or more panel  mem-
 13    bers  appointed  by  the  chairman of the professional standards commission, a
 14    majority of whom shall hold a position of employment the same  as  the  person
 15    complained  against.  One  (1)  of  the panel members shall serve as the panel
 16    chair. The panel chair shall be selected by the chairman of  the  professional
 17    standards  commission  from a list of former members of the professional stan-
 18    dards commission who shall be instructed in  conducting  administrative  hear-
 19    ings.  No  commission member who participated in the probable cause determina-
 20    tion process in a given case shall serve on the hearing  panel.  All  hearings
 21    shall be held with the object of ascertaining the truth. Any person complained
 22    against  may appear in person and may be represented by legal counsel, and may
 23    produce, examine and cross-examine witnesses, and, if he chooses to do so, may
 24    submit for the consideration of the hearing panel a statement, in writing,  in
 25    lieu  of  oral  testimony,  but any such statement shall be under oath and the
 26    affiant shall be subject to cross-examination.
 27        (65)  The state superintendent of public instruction, as authorized by the
 28    state board of education, has the power to  issue  subpoenas  and  compel  the
 29    attendance  of witnesses and compel the production of pertinent papers, books,
 30    documents, records, accounts and testimony. The state board or its  authorized
 31    representative  may,  if  a witness refuses to attend or testify or to produce
 32    any papers required by such subpoena, report to the district court in and  for
 33    the county in which the proceeding is pending, by petition, setting forth that
 34    a  due  notice  has been given of the time and place of attendance of the wit-
 35    nesses, or the production of the papers, that the witness  has  been  properly
 36    summoned, and that the witness has failed and refused to attend or produce the
 37    papers  required  by this subpoena before the board, or its representative, or
 38    has refused to answer questions propounded to him in the course  of  the  pro-
 39    ceedings,  and  ask for an order of the court compelling the witness to attend
 40    and testify and produce the papers before the board. The court, upon the peti-
 41    tion of the board, shall enter an order directing the witness to appear before
 42    the court at a time and place to be fixed by the court in the order, the  time
 43    to  be  not  more  than ten (10) days from the date of the order, and then and
 44    there shall show cause why he has not attended and testified or  produced  the
 45    papers  before  the  board or its representative. A copy of the order shall be
 46    served upon the witness. If it shall appear to the court that the subpoena was
 47    regularly issued by the board and regularly served, the court shall  thereupon
 48    order  that the witness appear before the board at the time and place fixed in
 49    the order and testify or produce the required papers. Upon failure to obey the
 50    order, the witness shall be dealt with for contempt of  court.  The  subpoenas
 51    shall be served and witness fees and mileage paid as allowed in civil cases in
 52    the district courts of this state.
 53        (76)  At  the  conclusion of any hearing dealing with the revocation, sus-
 54    pension, denial of a certificate, placing reasonable conditions on the certif-
 55    icate, or to issue issuing a letter of reprimand, the hearing panel shall sub-
                                                                        
                                           3
                                                                        
  1    mit to the chief certification officer, a concise statement  of  the  proceed-
  2    ings,  a  summary  of  the  testimony,  and  any documentary evidence offered,
  3    together with the findings of fact and  a  decision.  The  hearing  panel  may
  4    determine  to  suspend  or revoke the certificate, or the panel may order that
  5    reasonable conditions be placed on the certificate or a letter of reprimand be
  6    sent to the certificate holder, or if there are not  sufficient  grounds,  the
  7    allegation against the certificate holder is dismissed and is so recorded.
  8        (87)  The hearing panel's decision shall be given to the person complained
  9    against  and  a copy of the panel's decision shall be made a permanent part of
 10    the record of the certificate holder.
 11        (98)  The final decision of the professional standards commission shall be
 12    subject to judicial review in accordance with the provisions  of  chapter  52,
 13    title  67, Idaho Code, in the district court of the county in which the holder
 14    of a revoked certificate has been last employed as a teacher.
 15        (109)  Whenever any certificate has been refused or revoked, suspended  or
 16    has  had  reasonable  conditions  placed  upon  it, or an application has been
 17    denied, the professional standards commission may, upon a clear  showing  that
 18    the cause constituting grounds for refusal or revocation the listed actions no
 19    longer  exists,  issue a valid certificate. or reinstate a revoked certificate
 20    either conditionally or unconditionally Provided however, that no  certificate
 21    shall  be  issued  to any person who has been convicted of any crime listed in
 22    subsection 2. of section 33-1208, Idaho Code.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                                
                            RS 14081
                                   
This bill amends Idaho Code  33-1209 pertaining to proceedings of the professional
standards commission.  Currently, the only professional sanctions the Professional
Standards Commission may impose upon an Idaho educator for unethical conduct are
issuing a letter of reprimand, suspending, or revoking the Idaho teaching certificate, or
denying a certificate to an applicant who has previously acted unethically.  Subsection 10
of this section, though, contemplates the reinstatement or issuance of a teaching
certificate, conditionally or unconditionally.  The primary focus of the amendments to
this section are to expand the options for professional sanctions and discipline available
to the Professional Standards Commission to include imposing conditions on a teaching
certificate that the individual must comply with in order to retain their teaching
credentials, a concept similar to terms of probation.  
    
Other proposed amendments to this section include affirming the authority of the chief
certification officer to initiate an investigation into allegations of unethical conduct
without having to first have received a signed, written complaint, deleting a redundant
paragraph, and directing that no teaching certificate shall be issued to individuals who
have been convicted of the felony crimes listed in Idaho Code  33-1208(2).
    
    
    
    
                         FISCAL  IMPACT:
                                   
None.  Theoretically, with another option for professional sanctions becoming available
if these amendments are approved, it is likely that more ethics cases will reach negotiated
settlements rather than proceeding to full hearings, resulting in a savings to the state for
the costs of holding hearings.
    
    
Contact:
Name:  Bob West, State Department of Education
Phone:    332-6810
Name:  Don Robertson, State Department of Education
Phone:  332-6812                                            S 1350