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S1351aa........................................................by EDUCATION
TEACHER CERTIFICATE - Amends existing law relating to public school
teachers to provide for placing reasonable conditions on a certificate; to
provide an additional ground for denial, revocation, suspension or placing
reasonable conditions on a certificate; and to provide an additional ground
for which a certificate shall be permanently revoked or an application
denied.
02/16 Senate intro - 1st rdg - to printing
02/17 Rpt prt - to Educ
02/27 Rpt out - to 14th Ord
03/11 Rpt out amen - to engros
03/12 Rpt engros - 1st rdg - to 2nd rdg as amen
03/15 2nd rdg - to 3rd rdg as amen
03/16 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 - Andreason
Title apvd - to House
03/17 House intro - 1st rdg - to Educ
03/19 Rpt out - rec d/p - to 2nd rdg
03/20 2nd rdg - to 3rd rdg
Rls susp - PASSED - 61-0-9
AYES -- Andersen, Barraclough, Barrett, Bayer, Bedke, Bell, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy,
Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk,
Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,
Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,
Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Wills, Mr.
Speaker
NAYS -- None
Absent and excused -- Bauer, Clark, Eberle, Harwood, Ridinger,
Roberts, Smith(24), Trail, Wood
Floor Sponsor - Lake
Title apvd - to Senate
03/20 To enrol
03/22 Rpt enrol - Pres signed
03/22 Sp signed - To Governor
03/23 Governor signed
Session Law Chapter 222
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1351
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC SCHOOL TEACHERS; AMENDING SECTION 33-1208, IDAHO CODE, TO
3 PROVIDE THAT CONDITIONS MAY BE PLACED ON A CERTIFICATE, TO PROVIDE AN
4 ADDITIONAL GROUND FOR DENIAL, REVOCATION, SUSPENSION OR PLACING CONDITIONS
5 ON A CERTIFICATE, TO PROVIDE AN ADDITIONAL GROUND FOR WHICH A CERTIFICATE
6 SHALL BE PERMANENTLY REVOKED OR AN APPLICATION DENIED AND TO MAKE A TECH-
7 NICAL CORRECTION.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 33-1208, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 33-1208. REVOCATION, SUSPENSION, OR DENIAL, OR PLACE CONDITIONS ON OF
12 CERTIFICATE -- GROUNDS. 1. The state board of education may deny, revoke, or
13 suspend, or place conditions on any certificate issued or authorized under the
14 provisions of section 33-1201, Idaho Code, upon any of the following grounds:
15 a. Gross neglect of duty;
16 b. Incompetency;
17 c. Breach of the teaching contract;
18 d. Making any material statement of fact in the application for a certif-
19 icate, which the applicant knows to be false;
20 e. Revocation, suspension, denial or surrender of a certificate in
21 another state for any reason constituting grounds for revocation in this
22 state;
23 f. Conviction, finding of guilt, withheld judgment or suspended sentence,
24 in this or any other state of a crime involving moral turpitude;
25 g. Conviction, finding of guilt, withheld judgment, or suspended sentence
26 in this state or any other state for the delivery, manufacture or produc-
27 tion of controlled substances or simulated controlled substances as those
28 terms are defined in section 37-2701, Idaho Code;
29 h. A guilty plea or a finding of guilt, notwithstanding the form of the
30 judgment or withheld judgment in this or any other state, of the crime of
31 involuntary manslaughter, section 18-4006 2. or section 18-4006 3., Idaho
32 Code;
33 i. Any disqualification which would have been sufficient grounds for
34 refusing to issue or authorize a certificate, if the disqualification
35 existed or had been known at the time of its issuance or authorization;
36 j. Wilful Willful violation of any professional code or standard of eth-
37 ics or conduct, adopted by the state board of education;
38 k. The kidnapping of a child, section 18-4503, Idaho Code;
39 l. Conviction, finding of guilt, withheld judgment, or suspended sen-
40 tence, in this state or any other state of any felony.
41 2. The state board of education shall permanently revoke any certificate
42 issued or authorized under the provisions of section 33-1201, Idaho Code, and
43 shall deny the application for issuance of a certificate of a person who
2
1 pleads guilty to or is found guilty of, notwithstanding the form of the judg-
2 ment or withheld judgment, any of the following felony offenses against a
3 child:
4 a. The aggravated assault of a child, section 18-905, Idaho Code, or the
5 assault with intent to commit a serious felony against a child, section
6 18-909, Idaho Code.
7 b. The aggravated battery of a child, section 18-907, Idaho Code, or the
8 battery with intent to commit a serious felony against a child, section
9 18-911, Idaho Code.
10 c. The injury or death of a child, section 18-1501, Idaho Code.
11 d. The sexual abuse of a child under sixteen (16) years of age, section
12 18-1506, Idaho Code.
13 e. The ritualized abuse of a child under eighteen (18) years of age, sec-
14 tion 18-1506A, Idaho Code.
15 f. The sexual exploitation of a child, section 18-1507, Idaho Code.
16 g. Possession of photographic representations of sexual conduct involving
17 a child, section 18-1507A, Idaho Code.
18 h. Lewd conduct with a child under the age of sixteen (16) years, section
19 18-1508, Idaho Code.
20 i. The sexual battery of a minor child sixteen (16) or seventeen (17)
21 years of age, section 18-1508A, Idaho Code.
22 j. The sale or barter of a child for adoption or other purposes, section
23 18-1511, Idaho Code.
24 jk. The murder of a child, section 18-4003, Idaho Code, or the voluntary
25 manslaughter of a child, section 18-4006 1., Idaho Code.
26 kl. The kidnapping of a child, section 18-4502, Idaho Code.
27 lm. The importation or exportation of a juvenile for immoral purposes,
28 section 18-5601, Idaho Code.
29 mn. The abduction of a person under eighteen (18) years of age for pros-
30 titution, section 18-5610, Idaho Code.
31 no. The rape of a child, section 18-6101 or 18-6108, Idaho Code.
32 The general classes of felonies listed in subsection 2. of this section shall
33 include equivalent laws of federal or other state jurisdictions. For the pur-
34 pose of this subsection, "child" means a minor or juvenile as defined by the
35 applicable state or federal law.
36 3. The state board of education may investigate and follow the procedures
37 set forth in section 33-1209, Idaho Code, for any allegation of inappropriate
38 conduct as defined in this section, by a holder of a certificate whether or
39 not the holder has surrendered his certificate without a hearing or failed to
40 renew his certificate. In those cases where the holder of a certificate has
41 surrendered or failed to renew his certificate and it was found that inappro-
42 priate conduct occurred, the board shall record such findings in the permanent
43 record of the individual and shall deny the issuance of a teaching certifi-
44 cate.
45 4. Any person whose certificate may be or has been revoked, suspended or
46 denied under the provisions of this section shall be afforded a hearing
47 according to the provisions of section 33-1209, Idaho Code.
48 5. The state board may deny the issuance of a certificate for any reason
49 that would be a ground for revocation or suspension.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
Moved by Andreason
Seconded by Noble
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1351
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 11, following "PLACE" insert: "REA-
3 SONABLE"; in line 13, following "place" insert: "reasonable"; and in line 40,
4 following "felony" insert: ", the commission of which renders the certificated
5 person unfit to teach or otherwise perform the duties of the certificated
6 person's position".
7 CORRECTIONS TO TITLE
8 On page 1, in line 3, following "THAT" insert: "REASONABLE"; and in line
9 4, following "PLACING" insert: "REASONABLE".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1351, As Amended
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC SCHOOL TEACHERS; AMENDING SECTION 33-1208, IDAHO CODE, TO
3 PROVIDE THAT REASONABLE CONDITIONS MAY BE PLACED ON A CERTIFICATE, TO PRO-
4 VIDE AN ADDITIONAL GROUND FOR DENIAL, REVOCATION, SUSPENSION OR PLACING
5 REASONABLE CONDITIONS ON A CERTIFICATE, TO PROVIDE AN ADDITIONAL GROUND
6 FOR WHICH A CERTIFICATE SHALL BE PERMANENTLY REVOKED OR AN APPLICATION
7 DENIED AND TO MAKE A TECHNICAL CORRECTION.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 33-1208, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 33-1208. REVOCATION, SUSPENSION, OR DENIAL, OR PLACE REASONABLE CONDI-
12 TIONS ON OF CERTIFICATE -- GROUNDS. 1. The state board of education may deny,
13 revoke, or suspend, or place reasonable conditions on any certificate issued
14 or authorized under the provisions of section 33-1201, Idaho Code, upon any of
15 the following grounds:
16 a. Gross neglect of duty;
17 b. Incompetency;
18 c. Breach of the teaching contract;
19 d. Making any material statement of fact in the application for a certif-
20 icate, which the applicant knows to be false;
21 e. Revocation, suspension, denial or surrender of a certificate in
22 another state for any reason constituting grounds for revocation in this
23 state;
24 f. Conviction, finding of guilt, withheld judgment or suspended sentence,
25 in this or any other state of a crime involving moral turpitude;
26 g. Conviction, finding of guilt, withheld judgment, or suspended sentence
27 in this state or any other state for the delivery, manufacture or produc-
28 tion of controlled substances or simulated controlled substances as those
29 terms are defined in section 37-2701, Idaho Code;
30 h. A guilty plea or a finding of guilt, notwithstanding the form of the
31 judgment or withheld judgment in this or any other state, of the crime of
32 involuntary manslaughter, section 18-4006 2. or section 18-4006 3., Idaho
33 Code;
34 i. Any disqualification which would have been sufficient grounds for
35 refusing to issue or authorize a certificate, if the disqualification
36 existed or had been known at the time of its issuance or authorization;
37 j. Wilful Willful violation of any professional code or standard of eth-
38 ics or conduct, adopted by the state board of education;
39 k. The kidnapping of a child, section 18-4503, Idaho Code;
40 l. Conviction, finding of guilt, withheld judgment, or suspended sen-
41 tence, in this state or any other state of any felony, the commission of
42 which renders the certificated person unfit to teach or otherwise perform
43 the duties of the certificated person's position.
2
1 2. The state board of education shall permanently revoke any certificate
2 issued or authorized under the provisions of section 33-1201, Idaho Code, and
3 shall deny the application for issuance of a certificate of a person who
4 pleads guilty to or is found guilty of, notwithstanding the form of the judg-
5 ment or withheld judgment, any of the following felony offenses against a
6 child:
7 a. The aggravated assault of a child, section 18-905, Idaho Code, or the
8 assault with intent to commit a serious felony against a child, section
9 18-909, Idaho Code.
10 b. The aggravated battery of a child, section 18-907, Idaho Code, or the
11 battery with intent to commit a serious felony against a child, section
12 18-911, Idaho Code.
13 c. The injury or death of a child, section 18-1501, Idaho Code.
14 d. The sexual abuse of a child under sixteen (16) years of age, section
15 18-1506, Idaho Code.
16 e. The ritualized abuse of a child under eighteen (18) years of age, sec-
17 tion 18-1506A, Idaho Code.
18 f. The sexual exploitation of a child, section 18-1507, Idaho Code.
19 g. Possession of photographic representations of sexual conduct involving
20 a child, section 18-1507A, Idaho Code.
21 h. Lewd conduct with a child under the age of sixteen (16) years, section
22 18-1508, Idaho Code.
23 i. The sexual battery of a minor child sixteen (16) or seventeen (17)
24 years of age, section 18-1508A, Idaho Code.
25 j. The sale or barter of a child for adoption or other purposes, section
26 18-1511, Idaho Code.
27 jk. The murder of a child, section 18-4003, Idaho Code, or the voluntary
28 manslaughter of a child, section 18-4006 1., Idaho Code.
29 kl. The kidnapping of a child, section 18-4502, Idaho Code.
30 lm. The importation or exportation of a juvenile for immoral purposes,
31 section 18-5601, Idaho Code.
32 mn. The abduction of a person under eighteen (18) years of age for pros-
33 titution, section 18-5610, Idaho Code.
34 no. The rape of a child, section 18-6101 or 18-6108, Idaho Code.
35 The general classes of felonies listed in subsection 2. of this section shall
36 include equivalent laws of federal or other state jurisdictions. For the pur-
37 pose of this subsection, "child" means a minor or juvenile as defined by the
38 applicable state or federal law.
39 3. The state board of education may investigate and follow the procedures
40 set forth in section 33-1209, Idaho Code, for any allegation of inappropriate
41 conduct as defined in this section, by a holder of a certificate whether or
42 not the holder has surrendered his certificate without a hearing or failed to
43 renew his certificate. In those cases where the holder of a certificate has
44 surrendered or failed to renew his certificate and it was found that inappro-
45 priate conduct occurred, the board shall record such findings in the permanent
46 record of the individual and shall deny the issuance of a teaching certifi-
47 cate.
48 4. Any person whose certificate may be or has been revoked, suspended or
49 denied under the provisions of this section shall be afforded a hearing
50 according to the provisions of section 33-1209, Idaho Code.
51 5. The state board may deny the issuance of a certificate for any reason
52 that would be a ground for revocation or suspension.
STATEMENT OF PURPOSE
RS 14080
The proposed amendment to Idaho Code 33-1208 would give the Professional
Standards Commission the discretion to decide whether any felony conviction, not just
those listed in this section, is grounds for denial, revocation, or suspension of an Idaho
teaching certificate, or other professional discipline through the Professional Standards
Commission. Currently, only felony offenses listed in this section are potential barriers
to obtaining an Idaho teaching certificate.
The other proposed amendment to this section makes a conviction for sexual battery of a
minor child sixteen or seventeen years of age, a felony, grounds for automatic denial or
permanent revocation of an Idaho teaching certificate.
These changes in statute are in line with the recently approved changes in the Idaho Code
of Ethics for Educators.
FISCAL IMPACT
There is no fiscal impact from these changes to Idaho Code.
Contact:
Name: Bob West, State Department of Education
Phone: 332-6810
Name: Don Robertson, State Department of Education
Phone: 332-6812 S 1351