SB 535 — Providing for revocation of school personnel certification or licensure in certain circumstances

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Red = new code to be enacted WEST virginia legislature regular session ENROLLED Committee Substitute for Senate Bill 535 By Senators Blair (Mr.

President) and Baldwin (By Request of the Executive) [Originating[Passed inMarch the09, Committee2022; on the Judiciary;

reportedin oneffect February90 17,days 2022]from passage]     AAN BILLACT to amend and reenact §18A-3-6 of the Code of West Virginia, 1931, as amended, relating to revocation of school personnel certification;

(b) A The state superintendent may automatically suspend the certificate held by a teacher, as defined by §18-1-1(g) of this code, or any individual holding a certificate granted pursuant to §18A-3-2a of this code, in any of the following circumstances:

 (4)(4) The teacher or certificate holder is charged or indicted for any offense under the provisions of §61-2-1 of this code or under any law of the United States or any other state for an offense which has the same elements as those offenses described in §61-2-1 of this code;

(d) The state superintendent shall automatically revoke the certificate held by a teacher, as defined by West Virginia Code §18-1-1(g) of this code, or any individual holding a certificate granted pursuant to §18A-3-2a of this code, in any of the following circumstances:

(1) The teacher or certificate holder pleads guilty to or is convicted under §61-8D-3 or §61-8D-5 of this code or comparable statute in any other state,;state;

(2) The teacher or certificate holder pleads guilty to or is convicted of any criminal offense that requires the teacher to register as a sex offender,;offender;

(3) The teacher or certificate holder pleads guilty to or is convicted of or any criminal offense which has as an element delivery or distribution of a controlled substance,;substance;

or  (4) The teacher or certificate holder pleads guilty to or is convicted under the provisions of §61-2-1 of this code or has been so convicted under any law of the United States or any other state for an offense which has the same elements as those offenses described in §61-2-1 of this code,code; shall have his or her certificate or license automatically revoked.

Should the;

(e) If any conviction resulting in automatic revocation pursuant to subsection (d) of this section be is overturned by any court of this state or the United States, or if such adjudication of abuse of a child pursuant to §49-4-601 of this code and resulting in automatic revocation pursuant to subsection (d) of this section is overturned by the Supreme Court of Appeals of West Virginia, the teacher’s or certificate holder’s certification shall be reinstated unless otherwise prohibited by law.

 (c)  (f) A teacher, as defined by §18-1-1(g) of this code, and including any individual holding a license certificate granted pursuant to §18A-3-2a of this code, shall maintain a professional relationship with all students at all times, both in and out of the classroom.

or engaged in grooming a student or minor shall have his or her license certificate revoked for a period of time not less than five years.

For the purposes of this subsection, “grooming a student or minor” means befriending and establishing an emotional connection with a student or minor, which may include the family of the student or minor, to lower the student’s or minor’s inhibitions with the objective of committing sexual abuse, child trafficking, child prostitution, the production of child pornography, or any other offense for which a license certificate shall be revoked under this subsection.

(d) (g) Any county superintendent, public school principal, or public charter school administrator who knows of any acts on the part of any teacher for which a certificate may be revoked or for which other action may be taken in accordance with this section shall report this, together with all the facts and evidence, to the state superintendent for such action as in the state superintendent’s judgment may be proper.

(e) (h) If a certificate has been granted through an error, oversight, or misinformation, the state superintendent may recall the certificate and make such corrections as will conform to the requirements of law and the state board.

(f) (i) The state superintendent shall maintain a public database of individuals who have had adverse action taken against their teaching certificate by the state superintendent.

(g) (j) This section applies to all public school teachers whether employed by a county board or the governing board of a public charter school.

(h) (k) The state superintendent shall periodically ensure that county boards are acting in compliance with this section.

(i) (l) The state board may propose legislative rules pursuant to §29A-3B-1 et seq.