TITLE 33

EDUCATION

CHAPTER 12

TEACHERS

33-1225.  Threats of violence — Limitation on liability. (1) A communication by any person to a school principal, or designee, or a communication by a student attending the school to the student’s teacher, school counselor or school nurse, and any report of that communication to the school principal stating that a specific person has made a threat to commit violence on school grounds by use of a firearm, explosive, or deadly weapon defined in chapter 33, title 18, Idaho Code, is a communication on a matter of public concern. Such communication or report shall only be subject to liability in defamation by clear and convincing evidence that the communication or report was made with knowledge of its falsity or with reckless disregard for the truth or falsity of the communication or report. This section shall not be interpreted to change or eliminate other elements of defamation required by law.

(2)  As used in this section, "school" means any public or private school providing instruction in kindergarten or any grades from grade one (1) through grade twelve (12) which is the subject of a threat.

History:

[33-1225, added 2003, ch. 263, sec. 1, p. 698.]