Current through Register Vol. XLI, No. 50, December 13, 2024
Section 126-4-7 - Reinstatement Proceedings7.1. Except in the case of permanent revocation, a teacher or school bus operator whose license or certificate has been suspended or revoked may apply for reinstatement upon the expiration of the suspension or upon the expiration of the time specified for reapplication after a period of revocation, and once any conditions for reinstatement imposed by the State Superintendent have been satisfied.7.2. An application for reinstatement shall be considered an application for initial license under W. Va. Code § 18A-3-10, and the applicant must therefore be fingerprinted for a criminal background check.7.3. The WVDE shall conduct an investigation to determine whether the teacher or school bus operator has satisfied any and all requirements for reinstatement and can demonstrate a record of rehabilitation which supports that the teacher or school bus operator presently possesses the integrity, moral character and competence to resume the duties of a teacher or a school bus operator.7.4. If, during the period of suspension or revocation, the requirements for the teacher's or school bus operator's certification have changed, the teacher or school bus operator must satisfy those requirements before reinstatement may be considered.7.5. If the WVDE determines that all reinstatement requirements, including rehabilitation, have been met, the State Superintendent may reinstate a teacher's or school bus operator's certificate without a hearing.7.6. If the WVDE determines that a question exists as to a teacher's or a school bus operator's fulfillment of all requirements, and therefore, a hearing is necessary, it shall submit a written report to the Professional Practice Panel or the School Bus Operator Review Panel, as appropriate.7.7. After receipt of the WVDE's written report, the Professional Practice Panel or the School Bus Operator Review Panel shall conduct a hearing and make a recommendation to the State Superintendent as to whether the teacher's or school bus operator's certificate should be reinstated and whether any conditions or restrictions should be placed upon the reinstated certificate. In determining whether the teacher or school bus operator has been rehabilitated, the Professional Practice Panel or the School Bus Operator Review Panel shall consider the seriousness of the conduct that formed the basis of the suspension or revocation.