H. B. 4552
(By Delegates Tabb, Williams, Renner, Shelton,
Crosier, Long and CanterburySPONSOR)
(Originating in the DATE
Committee on Education)
[February 20, 2004]
A BILL 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
drunkenness, untruthfulness, immorality, or for any physical,
mental or moral defect which would render him unfit for the proper performance of his duties as a teacher, or for any neglect of duty
or refusal to perform the same, or for using fraudulent,
unapproved, or insufficient credit
, or for any other cause which
would have justified the withholding of a certificate when the same
was issued any of the following causes: Intemperance; 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 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 the teacher
was dismissed from employment by the county board: Provided,
however, That for any conduct of a teacher 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
licensure certificate denials and make recommendations for action
by the state superintendent.
It shall be the duty of any county superintendent who knows of any immorality or neglect of duty 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 his the
state superintendent's judgment may be proper.
If a certificate has been granted through an error, oversight,
or misinformation, the state superintendent of schools shall have
has authority to recall the certificate and make such corrections
as will conform to the requirements of law and the state board. of
education.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.