Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 23 - LICENSURE REGULATIONS FOR SCHOOL PERSONNEL › Part VII - Revocation, Cancellation, Suspension, Denial, and Reinstatement of Licenses › Section 8VAC20-23-780 - Action by the Superintendent of Public Instruction and the Virginia Board of Education

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon
				  receipt of a petition, the Superintendent of Public Instruction will ensure
				  that an investigative panel at the state level reviews the petition. The panel
				  shall consist of three to five members selected by the Superintendent of Public
				  Instruction. The applicant or license holder shall be given at least 14 days'
				  notice of the date, time, and location of the investigative panel hearing when
				  his case will be considered. The Virginia Department of Education shall ensure
				  that the applicant or license holder receives all documentation that will be
				  used during the investigative panel hearing prior to the hearing.
				  Representatives of the local school division and the applicant or license
				  holder are entitled to be present with counsel and witnesses if so desired. The
				  investigative panel hearing shall be recorded. The recommendation of the
				  investigative panel is made to the Superintendent of Public Instruction who
				  will forward his recommendation and the documentation used during the
				  investigative panel hearing to the Virginia Board of Education or its duly
				  designated committee for consideration at one of its scheduled meetings. The
				  applicant or license holder shall be given at least 14 days' notice of the
				  Virginia Board of Education meeting when his case will be considered. Following
				  the investigative panel hearing, the Virginia Department of Education shall
				  forward the recommendation of the investigative panel to the applicant or
				  license holder as soon as practicable, but no later than 14 days prior to the
				  scheduled Virginia Board of Education meeting when his case will be
				  considered.
B. The Superintendent
				  of Public Instruction is authorized to approve the issuance of licenses for
				  individuals who have a misdemeanor conviction related to drugs, not including
				  alcohol, based on a review of the cases. No individual will be denied a license
				  without a hearing of the Virginia Board of Education as required in this
				  section.
C. The applicant or
				  license holder and representatives of the local school division are entitled to
				  be present with counsel and witnesses, if so desired, at the hearing of the
				  Virginia Board of Education. The Virginia Board of Education, or its duly
				  designated committee, shall consider the recommendation of the Superintendent
				  of Public Instruction and such relevant and material evidence as the applicant
				  or license holder and representative of the local school division may desire to
				  present at the hearing. At its discretion, the Virginia Board of Education may
				  ask the applicant or license holder questions. At the conclusion of the
				  hearing, the Virginia Board of Education will announce its decision.
D. The decision of the Virginia Board of
				  Education shall be recorded in the minutes of the meeting, and the applicant or
				  license holder and principal complainants will receive written notice of the
				  decision.
Statutory Authority: §§
												22.1-298.1
						and
						22.1-299
						of the Code of Virginia.