W. Va. Code R. § 126-136-6

Current through Register Vol. XLI, No. 35, August 30, 2024

Section 126-136-6 - Legal Basis for Licensure

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.

6.3. The provisions of this policy regarding actions against a teaching certificate, reporting requirements, and the public database apply to all public school teachers or certificate holders whether employed by a county board of education or a public charter school.

W. Va. Code R. § 126-136-6