H. B. 4613
(By Delegates Campbell and Williams)
[Introduced February 17, 2006; referred to the
Committee on Education.]
A BILL to amend and reenact §18A-3-6 of the Code of West Virginia,
1931, as amended, relating to authorizing the State
Superintendent of Schools to issue subpoenas and subpoenas
duces tecum in connection with investigations of licensure
matters and hearings on revocations or certificate denials;
and authorizing the superintendent
to institute court
proceedings to enforce subpoenas.
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.
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 of the
commission to conduct hearings on revocations or certificate
denials and make recommendations for action by the State Superintendent.
The State Superintendent may issue subpoenas and subpoenas
duces tecum in connection with investigations of licensure matters
and hearings on revocations or certificate denials and may
institute proceedings in the courts of this state to enforce
subpoenas for the production of witnesses and documents.
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.
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
authorize the State
Superintendent of Schools to issue subpoenas and subpoenas duces
tecum in connection with investigations of licensure matters and
hearings on revocations or certificate denials and to institute
proceedings in the courts of this state to enforce them.
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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