West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-004 - Rules of Procedure for Administrative Hearings and Appeals (1340) › Section 126-4-3 - Grounds for Discipline or Recall of a Teaching License or a School Bus Operator Certificate and Grounds for Denial of a License or Certificate for Cause

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Pursuant to W.
				Va. Code §
									18A-3-6(a),
				the State Superintendent may, after ten days' notice and upon proper evidence,
				revoke, suspend, impose limitations, and/or admonish the license of a teacher
				for 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 student; or for using fraudulent, unapproved, or
				insufficient credit to obtain the certificates. Further, pursuant to W. Va.
				Code §
									18A-3-6(c),
				following a hearing, any teacher 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 of that student's graduation; or engaged in grooming a student
				or minor; shall have his or her license revoked for a period of time not less
				than five years.
3.2. Pursuant to
				W. Va. Code §
									18-3-6(e),
				if a teacher's license or certificate has been granted through an error,
				oversight, or misinformation, the State Superintendent may recall the
				certificate and make corrections as will conform to the requirements of the law
				and the WVBE.
3.3. Pursuant to W.
				Va. Code §
									18A-4-8e(j)(4)(B)
				and section 21.1 of Policy 4336, the State Superintendent may, after ten days'
				notice and upon proper evidence, suspend, revoke, or refuse to renew the
				certification, or impose any condition upon the certification of any school bus
				operator for intemperance, untruthfulness, cruelty, or immorality; conviction
				of a felony or a guilty plea or plea of no contest to a felony charge;
				conviction of or a guilty plea or plea of no contest to any charge involving
				sexual misconduct with a minor or student; using fraudulent, unapproved, or
				insufficient credit to obtain the certificate; or just and sufficient cause
				specified in section 21.1 of Policy 4336.
3.4. Pursuant to W. Va. Code §
									18A-4-8e(j)(4)(F),
				if a school bus operator's 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 rules.
3.5. Pursuant
				to W. Va. Code §
									18A-3-1(i),
				the State Superintendent shall not issue a teaching certificate or license to
				any person who is not of good moral character and who is not physically,
				mentally, and emotionally qualified to perform the duties of a
				teacher.
3.6. Pursuant to section
				17.3 of Policy 4336, the State Superintendent may refuse to issue certification
				to a school bus operator applicant who is not of good moral character and
				physically, mentally, and emotionally qualified to perform the duties of
				operator safely and efficiently, including just and sufficient cause set forth
				in section 15.3 of Policy 4336.