A state commission that oversees educator certification and discipline reversed course Monday after Idaho EdNews questioned its recent decision to close educator disciplinary hearings to the public.
In a 10-minute special meeting, the commission updated its policy manual to allow the public to again observe hearings.
The commission had decided in June to move the hearings behind closed doors.
The changes are part of a broader policy manual update, the commission’s first since 2023.
A new legal interpretation
At the commission’s June meeting, then-Deputy Attorney General Niky Robles indicated the change was part of a new legal interpretation of the law governing the commission.
Patrons, districts and charter schools can file a complaint with the commission if they believe an educator has engaged in conduct violating its standards.
Commission staff, the chief certification officer and a deputy attorney general review the complaint and decide whether or not to investigate.
If they investigate, the educator receives a copy of the complaint and has 30 days to request a hearing. The hearing must take place within 90 days of the request.
At that hearing, the educator can present evidence in their defense.
Educators can also ignore complaints or enter into a stipulation with the commission. However, they can still request a hearing at certain points in the process.
Hearings have historically been open to the public and held at the educator’s school district or charter. Following the hearing, an appointed panel of similarly credentialed educators determines if the complaint was founded and, if so, authorizes discipline.
The June changes closed the hearings to the public entirely, with Robles arguing that hearings involved personnel records and should be closed.
EdNews questions the change
Following the June meeting, EdNews asked commission staff about the decision. Staff members directed questions to Robles, who did not respond to multiple emails but had indicated at the June meeting that she was leaving the attorney general’s office.
On June 22, Idaho Department of Education Chief Communications Officer Andrea Dearden told EdNews the changes were being reviewed.
The commission met again Monday and unanimously voted to reopen the hearings with the stipulation that members of the public “may only observe and are not permitted to participate in the proceedings.”
Anyone who is disruptive to the hearing will be asked to leave, the new policy says.
“After additional discussions with the Attorney General’s Office and our staff, we determined that while Idaho law does not require these hearings be open to the public, maintaining access is consistent with our commitment to transparency,” Dearden said in a statement Monday. “We also have a responsibility to protect personal student information and preserve the integrity of the proceedings, so we have updated the Professional Standards Commission policies and procedures to clearly outline expectations for appropriate conduct.”
The public cannot record hearings to protect student privacy, but the commission will maintain a recording of the proceedings, according to the new policy.
“We believe allowing public access, while establishing appropriate safeguards, strikes the right balance between openness, fairness, and protecting those involved in the process,” Dearden said.
