ENROLLED
H. B. 4552
(By Delegates Tabb, Williams, Renner, Shelton,
Crosier, Long and CanterburySPONSOR)
[Passed March 13, 2004; in effect ninety days from passage.]
AN ACT to amend and reenact §18A-3-6Bill Title of the code of West Virginia,
1931, as amended, relating to grounds for the revocation of
teacher certificates; providing additional specification of
grounds; and limitations. Title Language
Be it enacted by the Legislature of West Virginia:
That §18A-3-6Enacting Section 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.
The state superintendent may, after ten 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.
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 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.
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.
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