WEST VIRGINIA LEGISLATURE
2020 REGULAR SESSION

Committee Substitute
for

House Bill 4378
BY DELEGATES HILL, PACK, KESSINGER, HANNA,
ELLINGTON, HIGGINBOTHAM, FOSTER, P. MARTIN AND
WORRELL
[Originating in the Committee on Education; Reported
on January 30, 2020.]

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A BILL to amend and reenact §18A-3-6 of the Code of West Virginia, 1931, as amended, relating

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to grounds for revocation or suspension of teaching certificates; authorizing suspensions;

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authorizing additional sanction options by the state superintendent with respect to

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violations; authorizing superintendent to issue subpoenas to aid investigation of

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allegations against persons subject to licensure; requiring professional relationship with

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students; providing minimum revocation period for offenses and specifying offenses; and

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defining grooming a student or minor.
Be it enacted by the Legislature of West Virginia:

ARTICLE

3.

TRAINING,

CERTIFICATION,

LICENSING,

PROFESSIONAL

DEVELOPMENT.
§18A-3-6. Ground Grounds for revocation or suspension of certificates; other authorized
actions by state superintendent; required reporting by county superintendents; and
recalling certificates for correction.
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(a) The State Superintendent may, after 10 days’ notice and upon proper evidence, revoke

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or suspend the certificates of any teacher for any of the following causes: Intemperance;

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untruthfulness; cruelty; immorality; the conviction of a felony or a guilty plea or a plea of no contest

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to a felony charge; the conviction, guilty plea or plea of no contest to any charge involving sexual

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misconduct with a minor or a student; or for using fraudulent, unapproved or insufficient credit to

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obtain the certificates: Provided, That in order for any conduct of a teacher involving

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intemperance; cruelty; immorality; or using fraudulent, unapproved or insufficient credit to obtain

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the certificates to constitute grounds for the revocation of the certificates of the teacher, there

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must be a rational nexus between the conduct of the teacher and the performance of his or her

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job. The State Superintendent shall also have the authority to limit certificates, issue letters of

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admonishment, or enter into consent agreements requiring specific training in order for a teacher

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to maintain a certificate. The State Superintendent may designate the West Virginia commission

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for professional teaching standards or members thereof to conduct hearings on revocations or

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certificate denials and make recommendations for action by the State Superintendent. The State

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Superintendent may issue subpoenas and subpoenas duces tecum to obtain testimony and

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documents to aid in the investigation of allegations against any person subject to licensure by the

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State Superintendent.

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(b) Provided further, That A teacher, as defined by West Virginia Code §18-1-1(g),

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convicted under §61-8D-3 or §61-8D-5 of this code or comparable statute in any other state, any

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criminal offense that requires the teacher to register as a sex offender, or any criminal offense

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which has as an element delivery or distribution of a controlled substance, shall have his or her

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certificate or license automatically revoked. Should the conviction resulting in automatic

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revocation pursuant to this section be overturned by any Court of this State or the United States,

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the teacher’s certification shall be reinstated unless otherwise prohibited by law.

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(c) A teacher, as defined by §18-1-1(g) of this code, and including any individual holding

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a license granted pursuant to §18A-3-2a of this code, shall maintain a professional relationship

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with all students at all times, both in and out of the classroom. Any teacher found to have

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committed any act of sexual abuse of a student or minor or to have engaged in inappropriate

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sexual conduct with a student or minor; committed an act of cruelty to children or an act of child

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endangerment or solicited, encouraged, engaged in or consummated an inappropriate

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relationship with any student, minor, or individual who was a student in the preceding 24 months;

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or engaged in grooming a student or minor shall have his or her license revoked for a period of

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time not less than five years. For the purposes of this subsection, “grooming a student or minor”

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means befriending and establishing an emotional connection with a student or minor, which may

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include the family of the student or minor, to lower the student’s or minor’s inhibitions with the

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objective of committing sexual abuse, child trafficking, child prostitution, the production of child

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pornography, or any other offense for which a license shall be revoked under this subsection.

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(b) (d) Any county superintendent who knows of any acts on the part of any teacher for

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which a certificate may be revoked or for which other action may be taken in accordance with this

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section shall report this, together with all the facts and evidence, to the State Superintendent for

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such action as in the State Superintendent’s judgment may be proper.

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(c) (e) If a certificate has been granted through an error, oversight, or misinformation, the

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State Superintendent may recall the certificate and make such corrections as will conform to the

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requirements of law and the state board.

Strike-throughs indicate language that would be stricken from a heading or the present law
and underscoring indicates new language that would be added.

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