Idaho schools must collect or request misconduct records before hiring

Educational entities must not investigate suspected child abuse, abandonment, or neglect instead of reporting it to law enforcement as state law requires. Educational entities include school districts, public charter schools, and private schools serving kindergarten through grade 12. After making the required report, an educational entity may take employment action or conduct an internal review or investigation. The law takes effect July 1, 2026.

School district employers must get sworn written statements from applicants before hiring. This applies to school district employers hiring applicants. Applicants must disclose pending or prior investigations, certain resignations during an investigation or to avoid expected discipline, and discipline for misconduct related to work or professional licensing or certification. A material misrepresentation or deliberate omission may lead to immediate termination or withdrawal of a job offer or contract. The law takes effect July 1, 2026; the statement is required before hiring.

Educational entities other than school district employers must get an applicant's permission and ask current and past employers for misconduct information. The request covers the applicant’s current and past employers from the previous 10 years. The applicant must sign an authorization, and the school must make a written request that includes it. Employers must respond. Employers and employees acting for them are protected from civil liability for good faith disclosures, unless they know the information is false or misleading. The law takes effect July 1, 2026; permission and requests are required before hiring.

Certain job departures and actions during a misconduct investigation must be referred to the Idaho professional standards commission. The referral covers resignation during an investigation or to avoid expected discipline, termination, or administrative leave during an investigation. The person must hold an Idaho educator certificate. The listed event must occur during an investigation of misconduct; the law takes effect July 1, 2026.

A private school employee may bring a claim against a private school employer under the cited state law only for certain good faith allegations. This applies to private school employees bringing claims against private school employers. The allegations must involve misconduct or a violation, or suspected violation, of the child abuse reporting law. The other provisions of the cited state law apply to the claim. The law takes effect July 1, 2026.