Idaho State Statutes - Idaho Attorney Directory

REVOCATION, SUSPENSION, DENIAL, OR PLACE REASONABLE CONDITIONS
ON CERTIFICATE -- GROUNDS. 1. The state board of education 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, which 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 involving moral turpitude;
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 section 18-4006 3., Idaho
Code;
i. Any disqualification which 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 felony, the commission
of which renders the certificated person unfit to teach or otherwise
perform the duties of the certificated person's position.
2. The state board of education 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 against a
child:
a. The aggravated assault of a child, section 18-905, Idaho Code, or the
assault with intent to commit a serious felony against a child, section
18-909, Idaho Code.
b. The aggravated battery of a child, section 18-907, Idaho Code, or the
battery with intent to commit a serious felony against a child, 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. Possession of photographic representations of sexual conduct involving
a child, section 18-1507A, Idaho Code.
h. Lewd conduct with a child under the age of sixteen (16) years, section
18-1508, Idaho Code.
i. The sexual battery of a minor child sixteen (16) or seventeen (17)
years of age, section 18-1508A, Idaho Code.
j. The sale or barter of a child for adoption or other purposes, section
18-1511, Idaho Code.
k. The murder of a child, section 18-4003, Idaho Code, or the voluntary
manslaughter of a child, section 18-4006 1., Idaho Code.
l. The kidnapping of a child, section 18-4502, Idaho Code.
m. The importation or exportation of a juvenile for immoral purposes,
section 18-5601, Idaho Code.
n. The abduction of a person under eighteen (18) years of age for
prostitution, section 18-5610, Idaho Code.
o. The rape of a child, section 18-6101 or 18-6108, Idaho Code.
The general classes of felonies listed in subsection 2. of this section 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 state board of education 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 board 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.
5. The state board may deny the issuance of a certificate for any reason
that would be a ground for revocation or suspension.

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