Section 740. Action by the State Superintendent of Public Instruction and the Board of Education

A. Superintendent's Investigative Panel: Superintendent's Recommendation. Upon receipt of the complaint from the local school division, the Superintendent of Public Instruction will ensure that an investigative panel at the state level reviews the petition. The panel shall consist of three to five members selected by the Assistant Superintendent of Teacher Education and Licensure of the Virginia Department of Education. The license holder shall be notified within 14 days of the receipt of the complaint to the Department of Education as to the date, time, and location of the hearing. The Department of Education shall ensure that the license holder receives all documentation that will be used during the investigative panel hearing prior to the hearing. A representative of the local school division and the license holder, are entitled to be present with counsel and witnesses if so desired. The investigative panel hearing shall be recorded. The recommendation of the investigative panel is made to the State Superintendent of Public Instruction who will forward his recommendation and the license holder's file to the State Board of Education or its duly designated committee at one of its scheduled meetings. The license holder shall be given at least 14 days' notice of the State Board of Education meeting when his case will be considered. Following the investigative panel hearing, the Department of Education shall forward the recommendation of the investigative panel and the license holder's file to the license holder as soon as practicable, but no later than 14 days prior to the scheduled State Board of Education meeting when his case will be considered.

B. The State Superintendent of Public Instruction is authorized to approve the issuance of licenses for individuals who have misdemeanor convictions related to drugs based on a review of the cases. No individual would be denied a license without a hearing of the Board of Education as required in this subsection.

C. State Board of Education hearing. The Board of Education, or its duly designated committee, shall consider the recommendation of the Superintendent of Public Instruction and such relevant and material evidence as the license holder may desire to present at the hearing. At its discretion, the Board of Education may ask the license holder questions. At the conclusion of the hearing, the Board of Education will announce its decision.

D. The decision of the State Board of Education shall be recorded in the minutes of the meeting, and the license holder and principal complainants will receive written notice of the decision.

Historical Notes

Derived from Volume 23, Issue 25, eff. September 21, 2007.

Statutory Authority

§ 22.1-298.1 of the Code of Virginia.