2004 Legislation
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SENATE BILL NO. 1351 – Teacher certificate, conditions

SENATE BILL NO. 1351

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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".

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. 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 / Fiscal Impact


                     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