Current through Register Vol. XLI, No. 50, December 13, 2024
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 Cause3.1. 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.