PRESENTATION TO VASPA, NOVEMBER 13, 2015

LICENSURE ACTIONS: THE ROLE OF THE SCHOOL DIVISION

I. Introduction

II. Quiz

III. ScenariosIII.A. Applicants for initial licensureIV.B. Renewal applicantsV. C. Licensees: prospective, current, or former

employees

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PRESENTATION TO VASPA, NOVEMBER 13, 2015

WHAT WILL I FIND IN PART VII OF THE REGULATIONS?

 

 

 Bases for revoking, suspending, or denying

a license.

Description of affirmative obligation to investigate and to petition for revocation.

A roadmap of how to proceed if investigation shows reasonable cause to

believe complaint is well founded.

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PRESENTATION TO VASPA, NOVEMBER 13, 2015

QUICK LOOK AT BASES FOR ACTION: REVOCATION

8VAC20-22-690. Revocation. 9 bases listed 1. Obtaining or attempting to obtain such license by fraudulent means or through misrepresentation of

material facts.

2. Falsification of school records, documents, statistics, or reports;

3. Conviction of any felony;

4. Conviction of any misdemeanor involving moral turpitude;

5. Conduct with direct and detrimental effect on the health, welfare, discipline, or morale of students;

6. Misapplication of or failure to account for school funds or other school properties…

7. Acts related to secure mandatory tests as specified in Section 22.1-292.1 of the Code of Virginia;

8. Knowingly and willfully with the intent to compromise the outcome of an athletic competition, procures, sells, or adminsters anabolic steroids or causes….

9. Other just cause in the best interest of the public schools of the Commonwealth of Virginia

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PRESENTATION TO VASPA, NOVEMBER 13, 2015

BASES FOR REVOCATION

Two deal with fraud/misrepresentation.

Two types of criminal convictions.

Testing (willful and knowing).

Anabolic Steroids.

Misappropriation of funding.

Two broad categories Conduct with direct and detrimental effect Other just cause

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PRESENTATION TO VASPA, NOVEMBER 13, 2015

ON WHAT GROUNDS MAY LICENSE BE SUSPENDED?

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;

5. Knowingly and willfully with the intent to compromise the outcome of an athletic competition procures, sells, or administers anabolic steroids or causes such drugs to be procured, sold, or administered to a student who is a

member of a school athletic team, or fails to report the use of such drugs by a student to the school principal and division superintendent as required by the Code of Virginia; or

6. Other good and just cause of a similar nature in the best interest of the public schools of the Commonwealth of Virginia.

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PRESENTATION TO VASPA, NOVEMBER 13, 2015

QUICK LOOK AT BASES FOR ACTION: DENIAL

8VAC20-22-720. Denial. A. A license may be denied for the following

reasons:

7 bases are listed

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PRESENTATION TO VASPA, NOVEMBER 13, 2015

ON WHAT BASIS MAY AN APPLICATION BE DENIED?

MOST SAME AS/SIMILAR TO BASES FOR REVOCATION

Two involve fraud

Two are criminal convictions

Two are broad and open-ended

One is different: “revocation,

suspension, or invalidation of license by another state or territory”

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PRESENTATION TO VASPA, NOVEMBER 13, 2015

WHERE IN REGULATIONS IS DUTY TO INVESTIGATE?

8VAC20-22-690. Revocation and 8VAC20-22-710 Suspension

B. Procedures.

1. Submission of complaints. [anyone may submit] and “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 holder of a license is guilty of any offense set forth in [the Regulations]”

2. Action by division superintendent; investigation. Upon receipt of the complaint against the holder of a license, a division superintendent or his duly authorized representative shall investigate the charge.

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PRESENTATION TO VASPA, NOVEMBER 13, 2015

WHAT IF THERE IS REASONABLE CAUSE TO BELIEVE COMPLAINT IS WELL FOUNDED?

Triggers an affirmative duty to petition for revocation or suspension.

8VAC20-22-690. Revocation and 8VAC20-22-710 Suspension

C. Petition for revocation (or suspension)

Should the division superintendent or local school board conclude that there is reasonable cause to believe that a complaint against the holder of a license is well founded, the teacher shall be notified of the complaint by a written petition for revocation (or 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 teacher's last known address. If not otherwise known, the last known address shall be the address shown in the records of the Department of Education. 9

PRESENTATION TO VASPA, NOVEMBER 13, 2015

QUICK OVERVIEW OF PETITION PROCESS

Receive complaint

Investigate

Find reasonable cause to believe complaint is well

founded

Mail petition for revocation or suspension

Present to local school

board

If school board supports, mail

recommendation and petition to DOE

PRESENTATION TO VASPA, NOVEMBER 13, 2015

PROPOSED REVISIONS TO PART VII OF THE LICENSURE REGULATIONS FOR SCHOOL

PERSONNEL

LIST ADDITIONAL BASES FOR REVOCATION AND DENIAL

CLARIFY PROCEDURAL PROVISIONS

ADD SECTION ON EXPIRED LICENSES 

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PROCESS F

OR TAKIN

G

ADVERSE ACTI

ON

AGAINST

A LICENSE

P R E S E N TAT I O N T O VA S PA , N OV E M B E R 1 3 , 2 0 1 5

PROCESS 1

: SCHOOL D

IVIS

ION

PETI

TION

PRESENTATION TO VASPA, NOVEMBER 13, 2015

OVERVIEW OF THE PROCESS FOR ACTION AGAINST A LICENSE INITIATED BY A SCHOOL DIVISION/BOARDSCHOOL DIVISION SUPERINTENDENT INVESTIGATES COMPLAINT AND

PETITIONS LICENSE HOLDER (I.E., MAILS PETITION TO LICENSE HOLDER)

Division superintendent petitions if reasonable cause for action on license exits.

(Hearing held by local school board unless licensee surrenders license)VOLUNTARY

SURRENDER OF LICENSE

Individual voluntarily

surrenders license for cancellation.

Division mails request to DOE, and license is cancelled.

SCHOOL BOARD RECOMMENDS ACTIONLicensee has right to attend. Local school board

recommends revocation or suspension of license.

SUPERINTENDENT’S INVESTIGATIVE PANEL HEARING

(Administrative fact-finding panel)

BOARD OF EDUCATION HEARING AND DECISION

BOARD OF EDUCATION REVOKES, OR SUSPENDS

LICENSE

BOARD OF EDUCATION ISSUES LICENSE OR TAKES

NO ACTION AGAINST LICENSE

Note: Cancellations and Board actions on licenses are reported to Virginia school divisions and the National Clearinghouse, as well as posted on the Department of Education’s Web site.

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PROCESS 2

: TRIG

GERED BY

APPLIC

ATIO

N

PRESENTATION TO VASPA, NOVEMBER 13, 2015

HOW CAN AN APPLICATION TRIGGER LICENSURE ACTION PROCESS?

Affirmative response to background question.

Misrepresentation.

Submission of what appears to be falsified documentation.

Report of action on license by another state or territory.

Previous action against license by Virginia Board of Education.

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PRESENTATION TO VASPA, NOVEMBER 13, 2015

OVERVIEW OF THE PROCESS FOR ACTION AGAINST A LICENSE BASED ON APPLICATION FOR A LICENSE OR

LICENSE RENEWALDEPARTMENT OF EDUCATION INVESTIGATES REASON FOR POSSIBLE DENIAL OF A LICENSE (Application for a License or License Renewal)

Reasonable cause exists for possible denial of a license. [These cases are investigated typically as a result of an individual’s response to background

questions on the application or a National Clearinghouse notice.]

SUPERINTENDENT’S INVESTIGATIVE PANEL

HEARING

(Administrative fact-finding panel)

BOARD OF EDUCATION HEARING AND DECISION

BOARD OF EDUCATION DENIES LICENSE

BOARD OF EDUCATION ISSUES LICENSE OR TAKES NO

ACTION AGAINST LICENSE

Note: Board actions on licenses are reported to Virginia school divisions and the National Clearinghouse, as well as posted on the Department of Education’s Web site.

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PROCESS 3

: PETI

TION B

Y BOE

PRESENTATION TO VASPA, NOVEMBER 13, 2015

OVERVIEW OF THE PROCESS FOR ACTION AGAINST A LICENSE INITIATED BY A BOARD OF EDUCATION

PETITIONBOARD OF EDUCATION PETITIONS

Superintendent of Public Instruction sends a petition for revocation of license if reasonable cause for action exists and a school division has not filed a petition

or the license holder is not employed by a division.

VOLUNTARY SURRENDER OF

LICENSE

Individual voluntarily surrenders license for cancellation. License

is cancelled.

LICENSE HOLDER CONTESTS CHARGES/ALLEGATIONS

SUPERINTENDENT’S INVESTIGATIVE PANEL

HEARING (Administrative fact-finding

panel)BOARD OF EDUCATION HEARING AND

DECISIONBOARD OF EDUCATION REVOKES, SUSPENDS,

DENIES, OR REINSTATES LICENSE

BOARD OF EDUCATION ISSUES LICENSE OR TAKES NO

ACTION AGAINST LICENSE

Note: Cancellations and Board actions on licenses are reported to Virginia school divisions and the National Clearinghouse, as well as posted on the Department of Education’s Web site.

LICENSE HOLDER DOES NOT

SURRENDER LICENSE,

RESPOND, OR CONTEST

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INVESTI

GATIO

N AND

REPORT

ING O

BLIGAT

IONS

P R E S E N TAT I O N T O VA S PA , N OV E M B E R 1 3 , 2 0 1 5

INVESTIGATION UPON HIRING

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PRESENTATION TO VASPA, NOVEMBER 13, 2015

HIRING PROCESS: FINGERPRINTING AND CRIMINAL RECORD

CHECK

§ 22.1-296.2 (Code of Virginia)

A. As a condition of employment, the school boards of the Commonwealth shall require any applicant who is offered or accepts employment after July 1, 1989, whether full-time or part-time, permanent, or temporary, to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the applicant’s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information… 2

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PRESENTATION TO VASPA, NOVEMBER 13, 2015

HIRING PROCESS: SOCIAL SERVICES REGISTRY SEARCH

(VIRGINIA)

§ 22.1-296.4 (Code of Virginia)

A. On and after July 1, 1997, every school board shall require, as a condition of employment, that any applicant who is offered or accepts employment requiring direct contact with students, whether full-time or part-time, permanent or temporary, provide written consent and the necessary personal information for the school board to obtain a search of the registry of founded complaints of child abuse and neglect maintained by the Department of Social Services pursuant to § 63.2-1515…. 2

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PRESENTATION TO VASPA, NOVEMBER 13, 2015

HIRING PROCESS: SOCIAL SERVICES REGISTRY SEARCH (OUT OF

STATE)

§ 22.1-296.4 (Code of Virginia)

A. …In addition, where the applicant has resided in another state within the last five years, the school board shall require as a condition of employment that such applicant provide written consent and the necessary personal information for the school board to obtain information from each relevant state as to whether the applicant was the subject of a founded complaint of child abuse and neglect in such state…. The Department of Social Services shall maintain a database of central child abuse and neglect registries in other states that provide access to out-of-state school boards, for use by local school boards.

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PRESENTATION TO VASPA, NOVEMBER 13, 2015

NOTES ABOUT SURRENDER/CANCELLATION

Petition notifies licensee of right to voluntarily surrender license.

Petition notifies licensee of proper acknowledgements to include in any request to cancel license.

Cancellation or voluntary surrender is an adverse action.

Regulations require division superintendent to forward any request for cancellation within 14 days of receipt to the Superintendent of Public Instruction with copy of petition.

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SCENARIOS

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PRESENTATION TO VASPA, NOVEMBER 13, 2015

Celia: Applicant for Initial LicenseChecked “yes” to: “Have you ever been convicted of, or entered a plea of guilty or not contest to, a misdemeanor involving drugs? “2010 possession of marijuana conviction (Harrisonburg, VA)

PRESENTATION TO VASPA, NOVEMBER 13, 2015

Ann

Anna: Applicant for Initial LicensureChecked “no” to all background questions in Part II of the application.Disclosed a Public Intoxication misdemeanor conviction in 2012.

PRESENTATION TO VASPA, NOVEMBER 13, 2015

Henry: Applicant for Initial LicensureChecked “no” to all Part II questions.Department of Education, however, received notice of the revocation of his license in Florida teaching license in 2013.

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PRESENTATION TO VASPA, NOVEMBER 13, 2015

Maryellen: Librarian, renewal applicantChecked “yes” to:“Have you ever been the subject of a founded case of child abuse or neglect?” She appeared before the Board in 2009, and got reinstated.

PRESENTATION TO VASPA, NOVEMBER 13, 2015

Nick: Social studies teacher, renewal applicantChecked “yes” to “Have you ever been convicted of, or entered a plea of guilty or no contest to, a felony?Felony DUI, 2013. Completed all terms of probation.

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SCENARIOS

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Erik: Applicant, school counselor positionLicensed since 1999.During interview, your investigation reveals discrepancies with credentials.

PRESENTATION TO VASPA, NOVEMBER 13, 2015

Walker: TeacherResigned his position as an English teacher and admitted to sexual relationship with an 18-year-old student. No criminal charges or referral to CPS.

PRESENTATION TO VASPA, NOVEMBER 13, 2015

Abby: Teacher, Ski Club SponsorCharged with felony indecent liberties, based on providing alcohol and alleged inappropriate contact with minors on ski trip.Entered pleas to 3 counts misdemeanor contributing to delinquency.

PRESENTATION TO VASPA, NOVEMBER 13, 2015