Idaho State Statutes - Idaho Attorney Directory

33-1209 - PROCEEDINGS TO REVOKE, SUSPEND, DENY OR PLACE REASONABLE CONDITIONS ON A CERTIFICATE -- LETTERS OF REPRIMAND -- COMPLAINT -- SUBPOENA POWER -- HEARING

PROCEEDINGS TO REVOKE, SUSPEND, DENY OR PLACE REASONABLE
CONDITIONS ON A CERTIFICATE -- LETTERS OF REPRIMAND -- COMPLAINT -- SUBPOENA
POWER -- HEARING. (1) The professional standards commission may conduct
investigations on any signed allegation of unethical practice of any teacher
brought by:
(a) An individual with a substantial interest in the matter, except a
student in an Idaho public school; or
(b) A local board of trustees.
The allegation shall state the specific ground or grounds for revocation,
suspension, placing reasonable conditions on the certificate, or issuance of a
letter of reprimand. The executive committee of the professional standards
commission shall review the circumstances of the case and determine whether
probable cause exists to warrant the filing of a complaint and the requesting
of a hearing.
(2) Proceedings to revoke or suspend any certificate issued under section
33-1201, Idaho Code, or to issue a letter of reprimand or place reasonable
conditions on the certificate shall be commenced by a written complaint
against the holder thereof. Such complaint shall be made by the chief
certification officer stating the ground or grounds for issuing a letter of
reprimand, placing reasonable conditions on the certificate, or for revocation
or suspension and proposing that a letter of reprimand be issued, reasonable
conditions be placed on the certificate, or the certificate be revoked or
suspended. A copy of the complaint shall be served upon the certificate
holder, either by personal service or by certified mail.
(3) Not more than thirty (30) days after the date of service of any
complaint, the person complained against may request, in writing, a hearing
upon the complaint. Any such request shall be made and addressed to the state
superintendent of public instruction; and if no request for hearing is made,
the grounds for suspension, revocation, placing reasonable conditions on the
certificate, or issuing a letter of reprimand stated in the complaint shall be
deemed admitted. Upon a request for hearing, the chief certification officer,
shall give notice, in writing, to the person requesting the hearing, which
notice shall state the time and place of the hearing. The time of such hearing
shall not be less than five (5) days from the date of notice thereof. Any such
hearing shall be informal and shall conform with chapter 52, title 67, Idaho
Code. The hearing will be held within the school district in which any teacher
complained of shall teach, or at such other place deemed most convenient for
all parties.
(4) Any such hearing shall be conducted by three (3) or more panel
members appointed by the chairman of the professional standards commission, a
majority of whom shall hold a position of employment the same as the person
complained against. One (1) of the panel members shall serve as the panel
chair. The panel chair shall be selected by the chairman of the professional
standards commission from a list of former members of the professional
standards commission who shall be instructed in conducting administrative
hearings. No commission member who participated in the probable cause
determination process in a given case shall serve on the hearing panel. All
hearings shall be held with the object of ascertaining the truth. Any person
complained against may appear in person and may be represented by legal
counsel, and may produce, examine and cross-examine witnesses, and, if he
chooses to do so, may submit for the consideration of the hearing panel a
statement, in writing, in lieu of oral testimony, but any such statement shall
be under oath and the affiant shall be subject to cross-examination.
(5) The state superintendent of public instruction, as authorized by the
state board of education, has the power to issue subpoenas and compel the
attendance of witnesses and compel the production of pertinent papers, books,
documents, records, accounts and testimony. The state board or its authorized
representative may, if a witness refuses to attend or testify or to produce
any papers required by such subpoena, report to the district court in and for
the county in which the proceeding is pending, by petition, setting forth that
a due notice has been given of the time and place of attendance of the
witnesses, or the production of the papers, that the witness has been properly
summoned, and that the witness has failed and refused to attend or produce the
papers required by this subpoena before the board, or its representative, or
has refused to answer questions propounded to him in the course of the
proceedings, and ask for an order of the court compelling the witness to
attend and testify and produce the papers before the board. The court, upon
the petition of the board, shall enter an order directing the witness to
appear before the court at a time and place to be fixed by the court in the
order, the time to be not more than ten (10) days from the date of the order,
and then and there shall show cause why he has not attended and testified or
produced the papers before the board or its representative. A copy of the
order shall be served upon the witness. If it shall appear to the court that
the subpoena was regularly issued by the board and regularly served, the court
shall thereupon order that the witness appear before the board at the time and
place fixed in the order and testify or produce the required papers. Upon
failure to obey the order, the witness shall be dealt with for contempt of
court. The subpoenas shall be served and witness fees and mileage paid as
allowed in civil cases in the district courts of this state.
(6) At the conclusion of any hearing dealing with the revocation,
suspension, denial of a certificate, placing reasonable conditions on the
certificate, or issuing a letter of reprimand, the hearing panel shall submit
to the chief certification officer, a concise statement of the proceedings, a
summary of the testimony, and any documentary evidence offered, together with
the findings of fact and a decision. The hearing panel may determine to
suspend or revoke the certificate, or the panel may order that reasonable
conditions be placed on the certificate or a letter of reprimand be sent to
the certificate holder, or if there are not sufficient grounds, the allegation
against the certificate holder is dismissed and is so recorded.
(7) The hearing panel's decision shall be given to the person complained
against and a copy of the panel's decision shall be made a permanent part of
the record of the certificate holder.
(8) The final decision of the professional standards commission shall be
subject to judicial review in accordance with the provisions of chapter 52,
title 67, Idaho Code, in the district court of the county in which the holder
of a revoked certificate has been last employed as a teacher.
(9) Whenever any certificate has been revoked, suspended or has had
reasonable conditions placed upon it, or an application has been denied, the
professional standards commission may, upon a clear showing that the cause
constituting grounds for the listed actions no longer exists, issue a valid
certificate. Provided however, that no certificate shall be issued to any
person who has been convicted of any crime listed in subsection 2. of section
33-1208, Idaho Code.

Click here to visit the Official Idaho State Statutes