Current through Register Vol. 40, No. 16, March 25, 2024
A. A license may be
suspended for the following reasons:
1.
Physical, mental, or emotional incapacity as shown by a competent medical
authority;
2. Incompetence or
neglect of duty;
3. Failure or
refusal to comply with school laws and regulations, including willful violation
of contractual obligations;
4. Acts
related to secure mandatory tests as specified in subsection A of §
22.1-292.1
of the Code of Virginia;
5.
Knowingly and willfully with the intent to compromise the outcome of an
athletic competition procure, sell, or administer anabolic steroids or cause
such drugs to be procured, sold, or administered to a student who is a member
of a school athletic team, or fail to report the use of such drugs by a student
to the school principal and division superintendent as required by clause (iii)
of subsection A of §
22.1-279.3:1
of the Code of Virginia. Any person whose license is suspended or revoked by
the board pursuant to this section shall be ineligible for three school years
for employment in the public schools of the Commonwealth; or
6. Other good and just cause in the best
interest of the public schools of the Commonwealth of
Virginia.
B. Procedures.
1. A complaint may be filed by anyone, but it
shall be the duty of a division superintendent, principal, or other responsible
school employee to file a complaint in any case in which he has knowledge that
a basis for suspension exists, as set forth in subsection A of this section.
The person making the complaint shall submit the complaint in writing to the
appropriate division superintendent. If the subject of the complaint is the
division superintendent, the person making the complaint may submit the
complaint to the chair of the local school board.
2. Upon receipt of the complaint against the
holder of a license, a division superintendent or his duly authorized
representative shall immediately and thoroughly investigate the complaint. If,
on the basis of such investigation, the division superintendent finds the
complaint to be without merit, he shall so notify the complaining party or
parties in writing and then close his file on the matter. This action shall be
final unless the local school board on its own motion votes to proceed to a
hearing on the complaint.
C. Petition for suspension. Should the
division superintendent or local school board conclude that there is reasonable
cause to believe that a basis for suspension of the license exists, the license
holder shall be notified of the complaint by a written petition for suspension
of a license signed by the division superintendent. A copy of such petition
shall be sent by certified mail, return receipt requested, to the license
holder's last known address.
D.
Form of petition. The petition for the suspension of a license shall set forth:
1. The name and last known address of the
person against whom the petition is being filed;
2. The type of license and the license number
held by the person against whom the petition is being filed;
3. The basis for suspension and the specific
underlying alleged actions;
4. A
statement of the rights of the person against whom the petition is being filed.
The statement of rights shall notify the person that the license may be
suspended for up to five years with the period of suspension, as determined by
the Virginia Board of Education. In addition, the statement shall notify the
person that any adverse action against a license, including suspension, will be
reported to the division superintendents in Virginia and, through a national
clearinghouse, to chief state school officers of the other states and
territories of the United States. The statement also shall notify the person of
the right to cancel the license if he chooses not to contest the allegations in
the petition and notify the individual that if he cancels the license, he shall
receive a notice of cancellation that will include the statement: "The license
holder voluntarily returned the license in response to a petition for
suspension." The individual also shall be notified that the cancellation will
be reported to division superintendents in Virginia and, through a national
clearinghouse, to chief state school officers of the other states and
territories of the United States; and
5. Any other pertinent information.
E. Filing of petition. The
original petition shall be entered in the files of the local school board where
the license holder is or was last employed.
F. Response to petition. The license holder
shall present his written answer to the petition, if any, within 14 days of
delivery or attempted delivery of the petition, as certified by the United
States Postal Service.
1. If the license
holder does not wish to contest the allegations in the petition, he may request
cancellation of the license by submitting a written and signed statement
requesting cancellation in response to a petition for suspension to the
division superintendent. The division superintendent shall forward the request
for cancellation along with the petition for suspension to the Superintendent
of Public Instruction within 14 days of receipt. The Superintendent of Public
Instruction shall cancel the license and send the person a notice of
cancellation to the person by certified mail within 14 days of receipt of the
request for cancellation.
2. If the
license holder files a written answer admitting or denying the allegations in
the petition or fails to file a written answer within 14 days of delivery or
attempted delivery of the petition, as certified by the United States Postal
Service, the local school board shall promptly proceed to a hearing. The local
school board shall provide a hearing at the time and place of its regular
meeting or at such other reasonable time and place it may specify. The license
holder or his representative, if any, shall be given at least 14 days' notice
of the hearing.
3. At its hearing,
the local school board shall receive the recommendation of the division
superintendent and then either deny the petition or recommend suspension. A
decision to deny the petition shall be final, except as specified in subsection
G of this section, and the investigative file on the petition shall be closed
and maintained as a separate file. Any record or material relating to the
allegations in the petition shall be placed in the investigative file. Should
the local school board recommend the suspension of a license, the division
superintendent shall forward the recommendation and the investigative file to
the Superintendent of Public Instruction within 14 days.
G. Suspension on motion of the Virginia Board
of Education. The Virginia Board of Education reserves the right to act
directly to suspend a license when the Virginia Board of Education has
reasonable cause to believe that subsection A of this section is applicable.
The Superintendent of Public Instruction may send a petition for suspension to
the license holder as specified in subsection D of this section. The license
holder shall have the opportunity to present his written answer to the petition
, if any, within 14 days of delivery or attempted delivery of the petition, as
certified by the United States Postal Service.
1. If the license holder does not wish to
contest the allegations in the petition, he may request cancellation of the
license by submitting a written, signed statement requesting cancellation in
response to a petition for suspension. The Superintendent of Public Instruction
shall cancel the license and send a notice of cancellation to the person by
certified mail within 14 days of receipt of their request for
cancellation.
2. If the license
holder files a written answer admitting the allegations in the petition or
fails to file a written answer within 14 days of delivery or attempted delivery
of the petition, as certified by the United States Postal Service, the petition
shall be forwarded to the Virginia Board of Education for action. No suspension
will be ordered without the involved license holder being given the opportunity
to appear at a hearing specified in
8VAC20-23-780 C.
3. If the license holder timely files his
written answer denying the allegations in the petition, the Superintendent of
Public Instruction shall schedule a hearing with the investigative panel
provided in
8VAC20-23-780 A. The license holder
or his representative, if any, shall be given at least 14 days' notice of the
hearing. The investigative panel shall take action on the petition as specified
in 8VAC20-23-780 A. No suspension will
be ordered without the involved license holder being given the opportunity to
appear at a hearing specified in
8VAC20-23-780 C.
H. Reinstatement of license. A
license may be suspended for a period of time not to exceed five years. The
license may be reinstated by the Superintendent of Public Instruction, upon
written request and application, with verification that all conditions for
licensure have been satisfied. Notification to all appropriate parties will be
communicated in writing by the Virginia Department of Education.
Statutory Authority: §§
22.1-298.1
and
22.1-299
of the Code of Virginia.
