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.