West Virginia Code § 18A-3-10

Criminal history check of applicants for licensure by the state
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Department of Education.
(a) Any applicant for an initial license issued by the West Virginia Department of Education
shall be fingerprinted by the West Virginia State Police in accordance with state board policy
in order to determine the applicant's suitability for licensure. The fingerprints shall be
analyzed by the State Police for a state criminal history record check througeh the central
abuse registry and then forwarded to the Federal Bureau of Investigation for a national
criminal history record check. r
(b) Information contained in either the central abuse registry recuord or the Federal Bureau
of Investigation record may form the basis for the denial of a certificate for just cause.
(c) The applicant for initial certification pays for the cost of obtaining the central abuse
registry record and the Federal Bureau of Investigation record.
(d) Upon written consent to the state department bly the applicant and within ninety days of
the state fingerprint analysis, the results of a sstate analysis may be provided to a county
board with which the applicant is applying for employment without further cost to the
applicant. i
(e) Information maintained by the state department or a county board which was obtained
for the purpose of this section is exempt from the disclosure provisions of chapter twenty-
nine-b of this code. Nothing in this section prohibits disclosure or publication of information
in a statistical or other form which does not identify the individuals involved or provide
personal information.
(f) After an initial lice nse has been issued by the West Virginia Department of Education, the
West VirginiaV Department of Education may require any licensee to be fingerprinted by the
West Virginia State Police in accordance with state board policy: Provided, That the licensee
lived outside of the State of West Virginia for a period of one year or more since his or her
licensure, or the West Virginia Department of Education or the school administrator has a
reasonable belief that the licensee has not notified the school administrator of any felony
conviction, conviction of any offense under chapter sixty-one, article eight-b of this code, or
offenses of similar nature to those in chapter sixty-one, article eight-b of this code that have
been established under any other state or the United States. The fingerprints may be
analyzed by the West Virginia State Police for a state criminal history record check through
the central abuse registry and then forwarded to the Federal Bureau of Investigation for a
national criminal history record check.

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