Idaho State Department of Education, 2006. The 2006 Idaho Legislature passed two criminal statutes which directly address the safety and well-being of students. Idaho Code § 18-917A defines harassment, intimidation, and bullying; prohibits such conduct by students; and provides that any student who commits an act of harassment, intimidation, and/or bullying may be found guilty of an infraction. Idaho Code § 18-3302I specifies that any person, including a student, who willfully threatens another person with the use of a firearm or other deadly or dangerous weapon while on school grounds may be charged with a misdemeanor. Additionally, the Legislature amended Idaho Code § 33-512 to require that school districts adopt policies regarding discipline of students who engage in acts of harassment, intimidation and bullying. Idaho Code § 33-205 was also modified to clarify that students may be temporarily suspended for engaging in acts of harassment, intimidation or bullying.
This guide will provide an overview of the new statutory language, as well as Idaho school districts’ obligations in meeting the language of the statutes. The obligations discussed herein also apply to Idaho public charter schools and private elementary and secondary schools.