Teacher License Defense in the Washington, D.C.–Baltimore–Arlington Area

Covering four states and the nation’s capital, the Washington, D.C.-Baltimore area is home to some of the country’s best museums, universities, and K-12 school districts. The Beltway and surrounding areas cover everything from large urban districts to small rural schools.

When teachers are facing disciplinary action in the D.C.-Baltimore area, the state or district where they’re licensed is key. For those licensed in multiple states, they need to be aware of when and how they need to inform other states of disciplinary action in another state or district. While teachers shouldn’t unnecessarily inform another board of misconduct allegations, failing to inform when required can create additional grounds for disciplinary action.

You’ve worked hard to become a teacher. Don’t let accusations of misconduct derail your career. If you’re a teacher licensed in D.C., Maryland, Virginia, Pennsylvania, or Delaware, contact the Professional License Defense Team at the LLF National Law Firm. We can help you understand the pros and cons of your situation and the best option for you. Call us at 888-535-3686 or fill out our online form.

Teacher License Defense in Maryland

The State Superintendent of Schools has the authority to suspend, deny, or revoke a license. School districts have the responsibility for investigating allegations of teacher misconduct. Each district has the power to set its requirements for investigating complaints, meaning the procedure can vary district-to-district.

If a school district finds evidence of misconduct, they’ll send a letter to the State Superintendent that explains the situation and recommends what action should be taken against a teacher.

The State Superintendent must notify teachers of the potential disciplinary action. Teachers generally have fifteen days to request a formal hearing, and educators should take advantage of the opportunity to present their side of the situation.

In Maryland, disciplinary action can result in suspension or revocation of a license for current teachers or a denial of a license for applicants. The charges against a teacher determine the disciplinary action against them.

Current teachers can be suspended for breach of contract or failure to pay child support. Current teachers may be suspended or have their license revoked, and applications may be denied when:

• They’re convicted, pleading guilty, or no contest to certain crimes. These include contributing to the delinquency of a minor, third or fourth degree sexual offenses, certain controlled substance offenses, and crimes involving moral turpitude when the alleged actions directly relate to a person’s ability to teach.

• They willfully or knowingly make a material misrepresentation as part of their application.

• They fraudulently or deceptively obtain a license.

• They fail to report suspected child abuse.

• They were dismissed after misconduct involving a student or minor.

• They resigned after being accused of misconduct involving a student or minor.

• They were dismissed after a school district found evidence of misconduct.

• They had a license suspended, revoked, denied, or voluntarily surrendered in another state for a cause that is grounds for suspension or revocation in Maryland.

• The following will result in a revocation of a current license or a denial of an application:

• They’re convicted of or plead guilty or nolo contendere to a crime involving child abuse or neglect, child pornography, or sexual solicitation of a minor.

• They’re dismissed after a school district finds evidence of child sexual abuse.

• They resign after accusations of child sexual abuse are made against them.

The Professional License Defense Team at the LLF National Law Firm works specifically on license defense issues. We help our clients understand how criminal charges against them can affect their careers and how to protect against accusations of misconduct.

Teacher Licensed Defense in Virginia

Virginia allows anyone to file a complaint against a teacher. School districts, rather than a state office, handle initial disciplinary action. Each

Virginia has a wide range of grounds for disciplinary action, some of which are vague and may potentially be arbitrarily applied. The following can be general grounds for dismissal:

• Incompetence

• Immorality

• Noncompliance with school laws and regulations

• A disability that incapacitates the teacher

  • Note that schools cannot violate any disability laws when pursuing these grounds for disciplinary action

• Conviction of a felony or crime of moral turpitude

  • This includes misdemeanors involving sexual assault, obscenity, and drugs

• Other good and just cause

Child abuse or neglect is grounds for revocation of a license.

The disciplinary process in Virginia generally follows these steps:

• Someone files a complaint.

• Division superintendent investigates.

• If the superintendent believes that the evidence warrants a teacher’s license be suspended or revoked, the division will send the teacher a written petition for revocation.

  • After receiving the notice, the teacher has 14 days to respond in writing.

• The school board will conduct a hearing.

• The school board will decide on what disciplinary action, if any, to take against the teacher.

• If the school board recommends suspension or revocation of a license, they will forward the file to the Virginia Board of Education.

• The state board may immediately revoke a license or request additional investigation.

• If the Virginia Board of Education opts for further investigation, they will send the teacher a similar written petition for revocation that has the same 14-day response deadline.

• A hearing will follow this new investigation.

• The Virginia Board of Education makes a final decision: close a case with no further action, suspend a license, or revoke a license.

Virginia reports suspensions and revocations to other state boards of education. Teachers must wait five years before they can petition to have a license reinstated.

The Professional License Defense Team at the LLF National Law Firm makes sure our clients aren’t being unfairly targeted. Our focus is on building evidence-based cases to defend our clients.

Teacher License Defense in Washington, D.C.

The Office of the State Superintendent for Education (OSSE) handles teacher credentials in the district. The office also investigates complaints against educators and disciplines educators. The OSSE releases a guidebook on professional practices and discipline for educators in D.C.

OSSE has leeway in investigating allegations of misconduct, and anyone can file a complaint against a teacher with them. Grounds for disciplinary action include:

• Failing to report child abuse or neglect.

• Using fraud to obtain a teaching credential.

• Being convicted of certain crimes. These include violent crimes, child abuse, and child pornography.

• Acting in ways that call into question a person’s fitness to teach, such as sexual relations with students.

In D.C., the investigation process generally follows these steps:

• OSSE receives a written complaint.

• OSSE begins a preliminary investigation to determine if there’s any merit to the complaint.

  • Teachers will be informed of any complaints made against them.

  • Complaints will be either dismissed or forwarded for additional action.

• OSSE will initiate administrative action and inform the teacher of the possible disciplinary action.

• Teachers have a right to challenge any proposed disciplinary action and request a hearing within ten days of receiving notice.

• If requested, OSSE conducts an administrative hearing, and teachers have the right to be present.

• Within sixty days of the hearing, OSSE will make its decision.

• Teachers do have the right to appeal the OSSE decision. All appeals must be filed with the District of Columbia Court of Appeals within thirty days of the decision.

Disciplinary action not only bars an individual from teaching but can also damage their reputation. Teachers who have their licenses suspended or revoked may have trouble finding new jobs.

Teachers must generally wait five years before they can request a reinstatement of their license. Certain criminal convictions, such as murder and rape, carry permanent bans from teaching credentials in D.C.

Building a strong case can be the difference between continuing as a teacher and facing significant disciplinary action. The Professional License Defense Team at the LLF National Law Firm advocates for our clients to protect their careers and futures.

Teacher License Defense in Pennsylvania

The Professional Standards and Practices Commission (PSPC), part of the Pennsylvania Department of Education, oversees allegations of misconduct and disciplinary action against teachers. Anyone can submit a written complaint to the Department of Education’s Office of Chief Counsel. The state doesn’t allow anonymous complaints.

The Educator Discipline Act gives the Department of Education considerable power to investigate alleged misconduct. The Department has the power to investigate accusations involving:

• Immorality

• Negligence

• Intemperance

• Incompetency

• Cruelty

• Sexual misconduct

• Sexual abuse or exploitation

• Conviction of a crime involving moral turpitude

• Violations of the Code for Professional Practice and Conduct

• Illegal use of a professional title

• Failure to fulfill responsibilities required under the Educator Discipline Act, such as mandatory reporting

• Any action that could be viewed as retaliation, including threats and coercion, against someone who, in good faith, files a complaint or participates in a disciplinary proceeding

These are broad categories, meaning teachers may be subjected to vague accusations.

After someone files a complaint, the process to investigate misconduct generally follows these steps:

• Investigation

• PSPC review

• Notice and opportunity to respond

• Formal hearing, which isn’t required

• PSPC issues a decision

• Appeals

Disciplinary action against teachers in Pennsylvania can become part of the public record.

The state has a range of disciplinary actions, from minor to serious. A warning or reprimand, for example, is placed in a teacher’s file but doesn’t affect their ability to teach. More serious actions include restrictions on teaching, public censure, suspension, license revocation, probation, fines, loss of pension benefits, and professional development requirements. In some cases, an educator may face multiple disciplinary actions from the same incident.

The Professional License Defense Team at the LLF National Law Firm provides legal advice and guidance to our clients throughout the process. We can represent clients in hearings, help negotiate settlements, and ensure our clients’ rights are respected throughout the process.

Teacher License Defense in West Virginia

West Virginia authorizes the State Superintendent to make disciplinary decisions. This includes appointing the body that oversees misconduct investigations and disciplinary action. The Professional Practice Panel, the Licensure Appeal Panel of the West Virginia Commission for Professional Teacher Standards, may all have a role in a misconduct case.

West Virginia has a wide range of categories for misconduct, some of which are open to interpretation. This may result in arbitrary misconduct allegations. Potential grounds for misconduct investigations in West Virginia:

• Untruthfulness

• Intemperance

• Misappropriating school funds

• Drug or alcohol abuse

• A felony charge that results in a conviction of a felony, a plea of guilty, or no contest

• Any conviction or plea of guilty or no contest involving sexual relations with a minor or student

• Fraud or other misrepresentations to obtain a teaching license

• Acts of cruelty to a child or of child endangerment

• Any actions that could be construed as soliciting, encouraging, grooming, engaging in, or consummating an inappropriate relationship with any student or minor

While some of these categories, such as a felony conviction, are fairly cut and dry, others can result in a lack of clear guidance that can result in inconsistent allegations of misconduct.

In West Virginia, the disciplinary process generally follows these steps:

• Anyone can file a complaint, which starts the process.

• The State Superintendent must send the teacher a Notice of Investigation.

• Authorities will investigate to determine whether the accusations in the complaint have merit.

• Either the Professional Practice Panel or the Licensure Appeal Panel will conduct a hearing.

  • Teachers have at least ten days’ notice before the hearing.

  • All hearings are open to the public, although teachers can request a closed hearing.

  • Failing to attend a hearing can deprive a teacher of their best opportunity to defend against the accusations made against them.

• The panel will make a decision, usually at the end of the hearing.

• The State Superintendent has thirty days to decide whether to approve the disciplinary action.

• Teachers have thirty days to file an appeal.

While West Virginia allows for permanent revocations of teacher licenses, suspensions and other revocations can be temporary. Teachers generally have to wait a certain amount of time and fulfill conditions before they can apply for reinstatement.

Being accused of misconduct doesn’t reduce a teacher’s rights. The Professional License Defense Team at the LLF National Law Firm works with our clients to defend their careers and protect their reputation and rights.

Protect Your Career

If you’re a teacher in the D.C.-Baltimore area, you’ve worked hard to become a credentialed educator. Allegations of misconduct can derail your career and your future.

In an area where teachers and others often work and live in multiple states, disciplinary action in one state can potentially affect a teacher’s ability to work in another state. Each state has the authority to decide when and how teachers must report another state’s disciplinary action against them. Teachers shouldn’t report if they aren’t required to, but it’s important to know when and how they’re required to report.

Navigating the disciplinary process can seem overwhelming. No matter how “minor” or silly the charges may seem to you, they can carry serious consequences for your career.

The Professional License Defense Team at the LLF National Law Firm assists our clients throughout this process. We help them build evidence-based cases and determine the best way to respond given their specific situation. If you’re a teacher in the D.C.-Baltimore area, call us at 888-535-3686 or fill out our online form.