(a) No school personnel, contractor or agent, or any employee of any state, regional or local educational agency including any employee of a public or private school, may assist an individual employed as school personnel, a contractor or an agent in obtaining a new job if the individual or agency knows, or has probable cause to believe, that such school employee, contractor or agent engaged in sexual misconduct regarding a minor or student in violation of the law: Provided, That nothing in this section shall be construed to prohibit the routine transmission of administrative and personnel files.
(b) The requirements of subsection (a) of this section shall not apply if:
(1) The information giving rise to probable cause has been properly reported to a law- enforcement agency with jurisdiction over the alleged misconduct and reported to any other authorities as required by federal, state or local law; and
(2) One of the following has happened:
(A) The matter has been officially closed, or the prosecutor or police with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish probable cause that the school personnel, contractor or agent engaged in sexual misconduct regarding a minor or student in violation of the law;
(B) The school personnel, contractor or agent has been charged with and acquitted or otherwise exonerated of the alleged misconduct; or
(C) The case or investigation remains open and there have been no charges filed against, or indictment of, the school personnel, contractor or agent within four years of the date on which the information was reported to a law-enforcement agency.
(c) Nothing in this section shall be construed to override a statute, regulation or policy that provides greater or additional protections to prohibit any individual who is school personnel, contractor or agent, or any state, regional or local educational agency from assisting a school employee who engaged in sexual misconduct regarding a minor or student in violation of the law in obtaining a new job.
Structure West Virginia Code
Article 4. Salaries, Wages and Other Benefits
§18A-4-2. State Minimum Salaries for Teachers
§18A-4-2a. State Minimum Salary Bonus for Classroom Teachers With National Board Certification
§18A-4-3. State Minimum Annual Salary Increments for Principals and Assistant Principals
§18A-4-4. Minimum Salary Schedule for Teachers Having Specialized Training
§18A-4-5. State Salary Supplement
§18A-4-5a. County Salary Supplements for Teachers
§18A-4-5b. County Salary Supplements for School Service Personnel
§18A-4-6. Change in Classification
§18A-4-7. Substitute Teachers Pay
§18A-4-7a. Employment, Promotion, and Transfer of Professional Personnel; Qualifications
§18A-4-7b. Calculation of Seniority for Professional Personnel
§18A-4-7c. Summer Employment of Professional Educators
§18A-4-8. Employment Term and Class Titles of Service Personnel; Definitions
§18A-4-8a. Service Personnel Minimum Monthly Salaries
§18A-4-8b. Seniority Rights for School Service Personnel
§18A-4-8c. Seniority Rights for Personnel Employed by Multicounty Vocational Centers
§18A-4-8d. Consolidation of Services and Seniority Rights for Administrative Personnel
§18A-4-8e. Competency Testing for Service Personnel; and Recertification Testing for Bus Operators
§18A-4-8f. Seniority Rights, School Consolidation
§18A-4-8g. Determination of Seniority for Service Personnel
§18A-4-8h. Limitation on Number of School Service Personnel Positions to Be Held by an Employee
§18A-4-9. Payment of Teachers and Other Employees; Withholdings
§18A-4-10. Personal Leave for Illness and Other Causes; Leave Banks; Substitutes
§18A-4-10a. Bonus for Unused Days of Personal Leave
§18A-4-10c. Personal Leave Banks for Care Givers
§18A-4-10d. Use of Personal Leave Days by Surviving Spouse in Certain Circumstances
§18A-4-10f. Leave Donation Program
§18A-4-12. Tax Deferred Investments for Teachers and Other Employees
§18A-4-13. Compliance With This Article
§18A-4-14. Duty-Free Lunch and Daily Planning Period for Certain Employees
§18A-4-15. Employment of Service Personnel Substitutes
§18A-4-16. Extracurricular Assignments
§18A-4-17. Health and Other Facility Employee Salaries
§18A-4-18. Department of Education Certified Staff Salaries
§18A-4-19. Alteration of Contract
§18A-4-20. Moving Expenses Allowed for Teachers Laid Off in Counties Due to Lack of Need
§18A-4-21. Posting of Position Opening Following Death of Incumbent