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.