The State Superintendent of Schools is authorized to issue certificates, permits and authorizations to applicants who are of a good moral character and who are physically, mentally and emotionally qualified to perform the duties of the positions. W. Va. Code § 18A-3-1(i)(educators) and 18A-4-8e(j)(school bus operators). OSL and the Office of Certification and Professional Preparation review and investigate initial and renewal applications for educators and school bus operators who have a criminal or disciplinary history. The two offices then decide to approve the application or issue a recommended denial. An applicant may request a hearing before the Licensure Appeal Panel of the West Virginia Commission for Professional Teaching Standards or another designee of the State Superintendent. OSL presents evidence of the reasons for the recommended denial.
The State Superintendent is authorized to revoke or suspend a certificate or permit for intemperance, cruelty or immorality if there is a rational nexus to job performance, untruthfulness or conviction of a felony or any crime involving sexual misconduct with a minor or student. W. Va. Code § 18A-3-6 (educators) and 18A-4-8e(j)(school bus operators). OSL investigates reports of such conduct and, if warranted, presents evidence at a hearing before the Professional Practice Panel of the West Virginia Commission for Professional Teaching Standards or another designee of the State Superintendent.
Explanation of Disciplinary List Terms:
- Hearing – Discipline is imposed after an administrative evidentiary hearing held under procedures set forth in Policy 1340.
- Revocation – License is cancelled; educator is eligible to apply for license reinstatement after 5 years from effective date of revocation. Educator must show rehabilitation.
- Permanent Revocation – License cancelled with no opportunity for reinstatement (invoked primarily after 20__ as a result of amendments to Policy 1340).
- Suspension – License inactive, usually for a specific length of time; educator must apply for license reinstatement.
- Voluntary Surrender: Educator agrees to a license revocation in lieu of a hearing.
- Settlement Agreement – Educator and WVDE agree to discipline that is less than a revocation in lieu of a hearing.
- Recall – Withdrawal of license when it was inadvertently issued, usually due to an omission or misrepresentation of information on an application.