West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-136 - Minimum Requirements for the Licensure of Professional/Paraprofessional Personnel and Advanced Salary Classifications (5202) › Section 126-136-6 - Legal Basis for Licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				West Virginia Board of Education (WVBE). The education of professional
				educators in the state shall be under the general direction and control of the
				WVBE. (W. Va. Code §
									18A-3-1.) The WVBE, in
				consultation with the West Virginia Commission for Professional Teaching
				Standards (WVCPTS), shall adopt standards for the education of professional
				educators in the state and for the awarding of certificates valid in the public
				schools of this state.
6.2. State
				Superintendent of Schools (State Superintendent). In accordance with WVBE
				policies for the education of professional educators, the State Superintendent
				may issue certificates valid in this state. (W. Va. Code §
									18A-3-1i through §
									18A-3-2a.)
6.2.a. A county shall employ a candidate for
				a certificate in good faith on the anticipation that the candidate is eligible
				for a certificate. If it is later determined that the candidate was not
				eligible, the State Superintendent may authorize payment by the county board of
				education to the teacher for time not exceeding three school months or the date
				of notification of the candidate's ineligibility, whichever occurs first. (W.
				Va. Code §
										18A-3-2.)
6.2.b. Revocation and Suspension of
				Certificates. The State Superintendent may, after 10 days' notice and upon
				proper evidence, revoke or suspend the certificates of any teacher or
				certificate holder, including those certificates that have expired, for any of
				the following causes: intemperance; untruthfulness; cruelty; immorality; the
				conviction of a felony or a guilty plea or a plea of no contest to a felony
				charge; the conviction, guilty plea or plea of no contest to any charge
				involving sexual misconduct with a minor or a student; or for using fraudulent,
				unapproved, or insufficient credit to obtain the certificates. For purposes of
				section 6 of this policy, teacher is defined as set forth in W. Va. Code §
										18-1-1(g) and
				shall include any individual holding a certificate granted pursuant to W. Va.
				Code §
										18A-3-2a.
6.2.b.1. In order for any conduct of a
				teacher or certificate holder involving intemperance; cruelty; immorality; or
				using fraudulent, unapproved or insufficient credit to obtain the certificates
				to constitute grounds for the revocation of the certificates of the teacher or
				certificate holder, there must be a rational nexus between the conduct of the
				teacher or certificate holder and the performance the teacher's/certificate
				holder's job.
6.2.b.2. Any county
				superintendent, public school principal, or public charter school administrator
				who knows of any acts on the part of any teacher/certificate holder for which a
				certificate may be revoked or for which other actions may be taken in
				accordance with W. Va. Code §
											18A-3-6(a)-(f)
				shall report this information together with all the facts and evidence, to the
				State Superintendent for such action as in the State Superintendent's judgment
				may be proper.
6.2.b.2.A. The State
				Superintendent shall periodically ensure that county superintendents, public
				school principals, and public charter school administrators are complying with
				reporting requirements.
6.2.b.3. The State Superintendent may
				automatically suspend the certificate held by a teacher or certificate holder
				in any of the following circumstances:
6.2.b.3.A. The teacher or certificate holder
				is charged or indicted for an offense under W. Va. Code §
												61-8D-3 or §
												61-8D-5 or comparable statute in
				any other state;
6.2.b.3.B. The
				teacher or certificate holder is charge or indicted with any criminal offense
				that requires the teacher or certificate holder to register as a sex
				offender;
6.2.b.3.C. The teacher or
				certificate holder is charged or indicted with any criminal offense which has
				an element delivery or distribution of a controlled substance;
6.2.b.3.D. The teacher or certificate holder
				is charged or indicted for any offense under the provisions of W. Va. Code
				§
												61-2-1 or under any law of the
				United States or any other state for an offense which as the same elements as
				those offenses described in W. Va. Code §
												61-2-1; or
6.2.b.3.E. A petition has been filed pursuant
				to W. Va. Code §
												49-4-601 alleging that the teacher
				or certificate holder has committed abuse of a child.
6.2.b.4. If any such charge or indictment
				resulting in suspension pursuant to section 6.2.b.3. is dismissed by the court
				in which it is pending, if the teacher or certificate holder is acquitted of
				such charge, or if a petition filed pursuant to W. Va. Code §
											49-4-601 and resulting in
				suspension pursuant to section 6.2.b.3 is dismissed by the court in which it is
				pending, the teacher's or certificate holder's certification shall be
				reinstated unless otherwise prohibited by law.
6.2.b.5. The State Superintendent shall
				automatically revoke the certificate held by a teacher or certificate holder in
				any of the following circumstances:
6.2.b.5.A. The teacher or certificate holder
				pleads guilty or is convicted under W. Va. Code §
												61-8D-3 or §
												61-8D-5 or comparable statute in
				any other state;
6.2.b.5.B. The
				teacher or certification holder pleads guilty to or is convicted of any
				criminal offense that requires the teacher certificate holder to register as a
				sex offender;
6.2.b.5.C. The
				teacher or certificate holder pleads guilty to or is convicted of any criminal
				offense which has as an element delivery or distribution of a controlled
				substance;
6.2.b.5.D. The teacher
				or certificate holder pleads guilty to or is convicted under the provisions of
				W. Va. Code §
												61-2-1 or has been so convicted
				under any law of the United States or any other state for an offense which has
				the same elements as those offenses described in W. Va. Code §
												61-2-1; or
6.2.b.5.E. A court of competent jurisdiction
				has adjudicated the teacher or certificate holder as having committed abuse of
				a child under W. Va. Code §
												49-4-601.
6.2.b.6. If any conviction resulting in
				automatic revocation pursuant to section 6.2.b.5 is overturned by a court of
				this state or the United States, or if such adjudication of abuse of a child
				pursuant to W. Va. Code §
											49-4-601 and resulting in
				automatic revocation pursuant to section 6.2.b.5 is overturned by the Supreme
				Court of Appeals of West Virginia, the teacher's or certificate holder's
				certification shall be reinstated unless otherwise prohibited by law.
6.2.b.7. A teacher/certificate holder shall
				maintain a professional relationship with all students at all times, both in
				and out of the classroom. Following a hearing as provided in W. Va. Code §
											18A-3-6(a), any
				teacher or certificate holder found to have committed any act of sexual abuse
				of a student or minor or to have engaged in inappropriate sexual conduct with a
				student or minor; committed an act of cruelty to children or an act of child
				endangerment, or solicited, encouraged, engaged in, or consummated an
				inappropriate relationship with any student, minor, or individual; exploited a
				student by engaging in any of the aforementioned illegal or inappropriate
				conduct which then escalated into a relationship with the exploited student
				within 12 months following that student's graduation; or engaged in grooming a
				student or minor shall have his or her certificate revoked for a period of time
				not less than five years.
6.2.b.7.A. For the
				purposes of section 6.2.b.7, grooming a student or minor means befriending and
				establishing an emotional connection with a student or minor, which may include
				the family of the student or minor, to lower the student's or minor's
				inhibitions with the objective of committing sexual abuse, child trafficking,
				child prostitution, the production of child pornography, or any other offense
				for which a certificate shall be revoked.
6.2.b.8. The State Superintendent may issue
				subpoenas and subpoenas duces tecum to obtain testimony and documents to aid in
				the investigation of allegations against any person subject to licensure by the
				State Superintendent.
6.2.b.9. The
				State Superintendent may designate the WVCPTS or members thereof to conduct
				hearings on permanent revocations, suspensions, or certificate denials and make
				recommendations for action by the State Superintendent. (W. Va. Code §
											18A-3-6.)
6.2.b.10. The State Superintendent shall have
				the authority to limit certificates, issue letters of admonishment, or enter
				into consent agreements requiring specific training in order for a teacher or
				certificate holder to maintain a certificate.
6.2.c. Recall of Certificates. If a
				certificate has been granted through an error, oversight or misinformation, the
				State Superintendent may recall the certificate and make such corrections as
				will conform to the requirements of law and WVBE policies. (W. Va. Code §
										18A-3-6.)
6.2.d. Public Database. The State
				Superintendent shall maintain a public database of individuals who have had
				adverse action taken against their teaching certificate issued by the State
				Superintendent. Individuals whose certificates have been suspended or revoked
				by the State Superintendent are not eligible to be employed by a county board
				of education unless the certificate is subsequently reinstated by the State
				Superintendent. (W. Va. Code §
										18A-3-6(f)).
6.2.d.1. All disciplinary actions taken
				against a certificate shall be reported to the National Association of State
				Directors of Teacher Education and Certification (NASDTEC)
				Clearinghouse.
6.2.e.
				Reinstatement Procedure Following Suspension of Certificates. A teacher or
				certificate holder whose certificate has been suspended may apply for
				reinstatement once conditions for reinstatement imposed by the State
				Superintendent have been satisfied. If, during the period of suspension, the
				requirements for the teacher's certification have changed, the teacher or
				certificate holder must satisfy those requirements before reinstatement.
6.2.e.1. The WVDE shall conduct an
				investigation to determine whether the teacher or certificate holder has
				satisfied all requirements for reinstatement and demonstrated a record of
				rehabilitation, i.e., presently possessing the integrity, moral character, and
				competence to resume teaching. If the WVDE determines that all reinstatement
				requirements including rehabilitation have been met, the State Superintendent
				may reinstate a teacher's or certificate holder's certificate without a
				hearing.
6.2.e.2. If the WVDE
				determines that a question exists as to a teacher's or certificate holder's
				fulfillment of all requirements or the record of rehabilitation inclusive of
				integrity, moral character, and competence to resume teaching, and therefore a
				hearing is necessary, it shall submit a written report to the Professional
				Practice Panel of the WVCPTS or a designated hearing officer. The Professional
				Practice Panel or a designated hearing officer shall conduct a hearing and make
				a recommendation to the State Superintendent whether the teacher's or
				certificate holder's certificate should be reinstated. If there is a
				recommendation for reinstatement, the Professional Practice Panel or a
				designated hearing officer may also recommend that conditions or restrictions
				be placed upon the reinstated certificate.
6.2.f. A teacher or certificate holder whose
				certificate has been permanently revoked may not apply for reinstatement or
				apply for any other endorsement, authorization, or permit issued by the State
				Superintendent.
6.2.g.
				Reinstatement Procedure Following Revocation of Certificates. Except in the
				case of a permanent revocation, a teacher or certificate holder whose
				certificate has been revoked may apply for reinstatement after the expiration
				of five years from the effective date of revocation as indicated in the Order
				of Revocation. If, during the period of revocation, the requirements for the
				teacher's or certificate holder's certification changed, the teacher or
				certificate holder must satisfy those requirements before reinstatement.
6.2.g.1. The application for reinstatement
				shall be considered an application for initial certificates under W. Va. Code
				§
											18A-3-10, and the candidate must
				therefore be fingerprinted for a criminal background check.
6.2.g.2. The WVDE shall conduct an
				investigation to determine whether the teacher or certificate holder has
				satisfied all requirements for reinstatement imposed by the State
				Superintendent and demonstrated a record of rehabilitation, i.e., presently
				possessing the integrity, moral character, and competence to resume teaching.
				At the conclusion of its investigation, the WVDE shall submit a written report
				to the Professional Practice Panel of the WVCPTS or designated hearing officer,
				which shall conduct a hearing and make a recommendation to the State
				Superintendent whether the teacher's or certificate holder's certificate should
				be reinstated and, if so, whether conditions or restrictions should be placed
				upon the reinstated certificate.
6.2.g.3. In determining rehabilitation, the
				Professional Practice Panel or designated hearing officer shall consider the
				seriousness of the conduct that caused the revocation.
6.2.h. Hearings and Appeals. An individual
				whose application for licensure or licensure renewal has been recommended for
				permanent denial for cause or denial for cause may request an appeal before the
				Licensure Appeal Panel of the WVCPTS in accordance with 126CSR4, Policy 1340,
				Rules and Procedures for Administrative Hearings and Appeals (Policy 1340). A
				hearing before the Professional Practice Panel of the WVCPTS is provided to an
				individual when the WVDE initiates a certificate revocation proceeding in
				accordance with Policy 1340.