TITLE 33

EDUCATION

CHAPTER 12

TEACHERS

33-1208.  Revocation, suspension, denial, or place reasonable conditions on certificate — Grounds. (1) The professional standards commission may deny, revoke, suspend, or place reasonable conditions on any certificate issued or authorized under the provisions of section 33-1201, Idaho Code, upon any of the following grounds:

(a)  Gross neglect of duty;

(b)  Incompetency;

(c)  Breach of the teaching contract;

(d)  Making any material statement of fact in the application for a certificate that the applicant knows to be false;

(e)  Revocation, suspension, denial, or surrender of a certificate in another state for any reason constituting grounds for revocation in this state;

(f)  Conviction, finding of guilt, withheld judgment, or suspended sentence in this or any other state of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code;

(g)  Conviction, finding of guilt, withheld judgment, or suspended sentence in this state or any other state for the delivery, manufacture, or production of controlled substances or simulated controlled substances as those terms are defined in section 37-2701, Idaho Code;

(h)  A guilty plea or a finding of guilt, notwithstanding the form of the judgment or withheld judgment, in this or any other state of the crime of involuntary manslaughter, section 18-4006(2) or (3), Idaho Code;

(i)  Any disqualification that would have been sufficient grounds for refusing to issue or authorize a certificate, if the disqualification existed or had been known at the time of its issuance or authorization;

(j)  Willful violation of any professional code or standard of ethics or conduct adopted by the state board of education;

(k)  The kidnapping of a child, section 18-4503, Idaho Code;

(l)  Conviction, finding of guilt, withheld judgment, or suspended sentence in this state or any other state of any crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, the commission of which renders the certificated person unfit to teach or otherwise perform the duties of the certificated person’s position.

(2)  The professional standards commission shall permanently revoke any certificate issued or authorized under the provisions of section 33-1201, Idaho Code, and shall deny the application for issuance of a certificate of a person who pleads guilty to or is found guilty of, notwithstanding the form of the judgment or withheld judgment, any of the following felony offenses:

(a)  Aggravated assault, section 18-905, Idaho Code, or assault with intent to commit a serious felony, section 18-909, Idaho Code.

(b)  Aggravated battery, section 18-907, Idaho Code, or battery with intent to commit a serious felony, section 18-911, Idaho Code.

(c)  The injury or death of a child, section 18-1501, Idaho Code.

(d)  The sexual abuse of a child under sixteen (16) years of age, section 18-1506, Idaho Code.

(e)  The ritualized abuse of a child under eighteen (18) years of age, section 18-1506A, Idaho Code.

(f)  The sexual exploitation of a child, section 18-1507, Idaho Code.

(g)  Lewd conduct with a child under the age of sixteen (16) years, section 18-1508, Idaho Code.

(h)  The sexual battery of a minor child sixteen (16) or seventeen (17) years of age, section 18-1508A, Idaho Code.

(i)  The sale or barter of a child for adoption or other purposes, section 18-1511, Idaho Code.

(j)  Murder, section 18-4003, Idaho Code, or voluntary manslaughter, section 18-4006(1), Idaho Code.

(k)  Kidnapping, section 18-4502, Idaho Code.

(l)  Interstate trafficking in prostitution, section 18-5601, Idaho Code.

(m)  Utilizing a person under eighteen (18) years of age for prostitution, section 18-5610, Idaho Code.

(n)  Rape, section 18-6101, Idaho Code.

The general classes of felonies listed in this subsection shall include equivalent laws of federal or other state jurisdictions. For the purpose of this subsection, "child" means a minor or juvenile as defined by the applicable state or federal law.

(3)  The professional standards commission may investigate and follow the procedures set forth in section 33-1209, Idaho Code, for any allegation of inappropriate conduct as defined in this section by a holder of a certificate whether or not the holder has surrendered his certificate without a hearing or failed to renew his certificate. In those cases where the holder of a certificate has surrendered or failed to renew his certificate and it was found that inappropriate conduct occurred, the commission shall record such findings in the permanent record of the individual and shall deny the issuance of a teaching certificate.

(4)  Any person whose certificate may be or has been revoked, suspended or denied under the provisions of this section shall be afforded a hearing according to the provisions of section 33-1209, Idaho Code. Any person holding a certificate on or before July 1, 2020, who would not be eligible for a certificate by virtue of the provisions of this section shall be afforded a hearing according to the provisions of section 33-1209, Idaho Code, prior to revocation or denial of the individual’s certificate. Upon a showing of just and reasonable cause, the hearing panel shall have authority to grant an exception to the provisions of this section for such person.

(5)  The professional standards commission may deny the issuance of a certificate for any reason that would be a ground for revocation or suspension.

History:

[33-1208, added 1963, ch. 13, sec. 150, p. 27; am. 1969, ch. 258, sec. 9, p. 794; am. 1978, ch. 180, sec. 1, p. 411; am. 1984, ch. 150, sec. 1, p. 353; am. 1987, ch. 229, sec. 1, p. 486; am. 1992, ch. 223, sec. 1, p. 672; am. 1993, ch. 111, sec. 1, p. 281; am. 2004, ch. 222, sec. 1, p. 662; am. 2011, ch. 246, sec. 1, p. 662; am. 2012, ch. 269, sec. 7, p. 760; am. 2016, ch. 296, sec. 15, p. 844; am. 2020, ch. 175, sec. 4, p. 507; am. 2020, ch. 264, sec. 1, p. 763.]