SB632 HED AM
The Committee on Education moves to amend the bill on page 1, following the article heading, by striking the section heading and inserting in lieu thereof a new section heading to read as follows:
§18-5-48. Safety and security measures for school facilities; Safe Schools Fund created.
And on page 2, following the article heading, by striking the section heading and inserting in lieu thereof a new section heading to read as follows:
§18-20-11. Video cameras required in certain special education classrooms.
And on page 2, section 11, line 3, following the subsection designation (a), by inserting the following:
“Upon appropriation of funds by the Legislature” and a comma
And on page 5, section 11, line 72, by striking subdivision (2) in its entirety on lines 72 and 73, and renumbering subsequent subdivisions
And on page 7, section 11, line 109, by striking subsection (q) in its entirely and inserting in lieu thereof a new subsection (q) to read as follows:
(q)(1) A public school or school district may use funds distributed from the Safe Schools Fund created in §18-5-48 of this code to meet the requirements of this section.
(2) A public school or school district may accept gifts, grants, or donations to meet the requirements of this section.
And on page 8, following the article heading, by striking section §18A-3-6 in its entirely and inserting in lieu thereof a new section §18A-3-6 to read as follows:
§18A-3-6. Grounds for revocation of certificates; recalling certificates for correction.
(a) The state superintendent
may, after 10 days' notice and upon proper evidence, revoke the certificates of
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: Provided, That 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, however, That 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. The
state superintendent may designate the West Virginia commission for
professional teaching standards or members thereof to conduct hearings on
revocations or certificate denials and make recommendations for action by the
state superintendent: Provided further, That a teacher, as
defined by West Virginia Code §18-1-1(g), convicted under §61-8D-3 or
§61-8D-5 of this code or comparable statute in any other state, any criminal offense that requires the teacher to
register as a sex offender, any criminal offense which has as an element
delivery or distribution of a controlled substance, or upon a finding of abuse
by the Department of Health and Human Resources under §49-1-1 et
seq. of this code, shall have his
or her certificate or license automatically revoked. Should the conviction
resulting in automatic revocation pursuant to this section be overturned by any
Court of this State or the United States, the teacher’s certification shall be
reinstated unless otherwise prohibited by law.
(b) It shall be 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
shall report the same this, together with all the facts
and evidence, to the state superintendent for such action as in the state
superintendent's judgment may be proper.
(c)
If a certificate has been granted through an error, oversight, or
misinformation, the state superintendent has authority to may
recall the certificate and make such corrections as will conform to the
requirements of law and the state board.