Current through Register Vol. XLI, No. 50, December 13, 2024
Section 126-4-2 - Definitions2.1. Automatic Revocation. 2.1.a. The immediate termination of all rights and privileges of teacher licensure or certification as provided for by W. Va. Code § 18A-3-6(b) as a result of a conviction for the crimes of child abuse or sexual abuse under W. Va. Code § 61-8D-3 or § 61-8D-5, or a comparable statute or statutes in another state; any criminal offense that requires a teacher to register as a sex offender; any criminal offense which has an element of delivery or distribution of a controlled substance; or, a guilty plea or conviction for first or second degree murder under W. Va. Code § 61-2-1, or a conviction under any law of the United States or any other state for an offense with the same elements as those offenses described in W. Va. Code § 61-2-1.2.1.b. The immediate termination of all rights and privileges of school bus operator certification as provided for by W. Va. Code § 18A-4-8e(j)(4)(C) as a result of a conviction for the crimes of child abuse or sexual abuse under W. Va. Code § 61-8D-3 or § 61-8D-5, or a comparable statute or statutes in another state; any criminal offense that requires a school bus operator to register as a sex offender; or, any criminal offense which has an element of delivery or distribution of a controlled substance.2.2. Conflict Resolution Process for Citizens. Dispute resolution process set forth in W. Va. 126CSR188, Policy 7211, Conflict Resolution Process for Citizens.2.3. Designee. A person designated by the State Superintendent to conduct hearings and/or to determine matters pursuant to the terms and conditions of this policy.2.4. Grooming, as used in section 3.1 and section 7.11.e. 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 teacher's license may be revoked under W. Va. Code § 18A-3-6(b).2.5. Intercounty Student Transfer Appeal. The appeal process for denials of student transfer applications set forth in W. Va. 126CSR189, Policy 7212, Intercounty Student Transfer Appeal.2.6. Licensure Appeal Panel. The seven individuals selected to hear and make recommendations to the State Superintendent, as set forth in W. Va. 126CSR154, Policy 5050, West Virginia Commission for Professional Teaching Standards (Policy 5050), regarding the denial for cause of a teacher's license pursuant to W. Va. Code § 18A-3-6.2.7. Preponderance of the evidence. Evidence which is of a greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.2.8. Professional Practice Panel. The seven individuals selected to hear and make recommendations to the State Superintendent, as set forth in Policy 5050, regarding the revocation, suspension, imposition of limitations or conditions, admonishment, recall or reinstatement of a teacher's license pursuant to W. Va. Code § 18A-3-6 and W. Va. 126CSR136, Policy 5202, Minimum Requirements for the Licensure of Professional/Paraprofessional Personnel and Advanced Salary Classifications.2.9. Revocation. The termination of all rights and privileges of licensure or certification as imposed by consent agreement or by a written decision issued after a hearing. 2.10. School Bus Operator. Any person certified by the State Superintendent pursuant to policy, rule, or regulation of the West Virginia Board of Education (WVBE) or pursuant to statute.2.11. School Bus Operator Applicant. Any person on whose behalf a county board of education or other public institution has submitted a request for certification to operate a school bus to the State Superintendent pursuant to policy, rule, or regulation of the WVBE or pursuant to statute.2.12. School Bus Operator Review Panel. The seven individuals selected to hear and make recommendations to the State Superintendent regarding the revocation, suspension, recall, or denial for cause of a school bus operator certificate pursuant to W. Va. Code § 18A-4-8e(j)(4)(D) and W. Va. 126CSR92, Policy 4336, West Virginia School Bus Transportation Regulations, Procedures, and Specifications for the Design and Equipment of Schools Buses (Policy 4336).2.13. State Superintendent. The State Superintendent of Schools.2.14. Suspension. A temporary cessation of all rights and privileges of licensure or certification for a specified period of time or until certain conditions are met which have been imposed by consent agreement or by a written decision issued after a hearing.2.15. Teacher. Any person certified or otherwise professionally licensed by the State Superintendent pursuant to policy, rule, or regulation of the WVBE or pursuant to statute, including but not limited to administrators, professionals, paraprofessionals, coaches, and holders of service certificates.2.16. Teacher Applicant. Any person applying for a teacher license issued by the State Superintendent pursuant to policy, rule, or regulation of the WVBE or pursuant to statute.