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Introduced Version Senate Bill 646 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 646

(By Senators Plymale and Edgell)

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[Introduced February 12, 2008; referred to the Committee on Education.]

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A BILL to amend and reenact §18A-3-6 of the Code of West Virginia, 1931, as amended, relating to allowing the imposition of lesser sanctions upon a teacher for certain causes rather than revocation of certificate; and authorizing the state superintendent to issue subpoenas and subpoenas duces tecum in certain instances.

Be it enacted by the Legislature of West Virginia:
That §18A-3-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL DEVELOPMENT.

§18A-3-6. Grounds for revocation of certificates; recalling certificates for correction.

(a) The State Superintendent may, after ten days' notice and upon proper evidence, revoke the certificates of
or impose lesser sanctions upon any teacher 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, subject to the following: Provided, That (1) The certificates of a teacher may not be revoked for any matter for which the teacher was disciplined, less than dismissal, by the county board that employs the teacher, nor for which the teacher is meeting or has met an improvement plan determined by the county board, unless it can be proven by clear and convincing evidence that the teacher has committed one of the offenses listed in this subsection and his or her actions render him or her unfit to teach: Provided, That for the purposes of this subdivision only, a teacher is considered to have been disciplined by dismissal if the teacher resigns or retires during an investigation into allegations of misconduct; Provided, however, That (2) In order for any conduct of a teacher 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, there must be a rational nexus between the conduct of the teacher and the performance of his or her job. (b) The State Superintendent may designate the West Virginia commission for professional teaching standards or members thereof of the commission to conduct hearings on revocations or certificate denials and make recommendations for action by the State Superintendent.
(c) The State Superintendent may issue subpoenas and subpoenas duces tecum in connection with investigations of licensure matters and hearings on revocations, certificate denials or the imposition of lesser sanctions and may institute proceedings in the courts of this state to enforce subpoenas for the production of witnesses and documents. This authority shall extend to the State Superintendent the right to issue subpoenas and subpoenas duces tecum on behalf of a teacher, or the designated representative of a teacher, in conjunction with hearings on revocations, certificate denials or the imposition of lesser sanctions.
(d) It shall be is the duty of any county superintendent who knows of any acts on the part of any teacher for which a certificate may be revoked in accordance with this section to report the same, together with all the facts and evidence, to the State Superintendent for such action as in the State Superintendent's judgment may be proper.
(e) If a certificate has been granted through an error, oversight, or misinformation, the State Superintendent has authority to recall the certificate and make such corrections as will conform to the requirements of law and the state board.
NOTE: The purpose of this bill is to
allow the imposition of lesser sanctions rather than revocation of certificates upon a teacher for certain causes; and to authorize the State Superintendent to issue subpoenas and subpoenas duces tecum in certain instances.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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