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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 - 2004IN 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,ORDENIAL, OR PLACE CONDITIONS ONOF12 CERTIFICATE -- GROUNDS. 1. The state board of education may deny, revoke,or13 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.WilfulWillful 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. 24jk. The murder of a child, section 18-4003, Idaho Code, or the voluntary 25 manslaughter of a child, section 18-4006 1., Idaho Code. 26kl. The kidnapping of a child, section 18-4502, Idaho Code. 27lm. The importation or exportation of a juvenile for immoral purposes, 28 section 18-5601, Idaho Code. 29mn. The abduction of a person under eighteen (18) years of age for pros- 30 titution, section 18-5610, Idaho Code. 31no. 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 - 2004Moved 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 - 2004IN 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,ORDENIAL, OR PLACE REASONABLE CONDI- 12 TIONS ONOFCERTIFICATE -- GROUNDS. 1. The state board of education may deny, 13 revoke,orsuspend, 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.WilfulWillful 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. 27jk. The murder of a child, section 18-4003, Idaho Code, or the voluntary 28 manslaughter of a child, section 18-4006 1., Idaho Code. 29kl. The kidnapping of a child, section 18-4502, Idaho Code. 30lm. The importation or exportation of a juvenile for immoral purposes, 31 section 18-5601, Idaho Code. 32mn. The abduction of a person under eighteen (18) years of age for pros- 33 titution, section 18-5610, Idaho Code. 34no. 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