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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
]]]] 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.
]]]] 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".
]]]] 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
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