May 2, 2001

H. Lawrence Jones, Ed.D.
Superintendent
Ohio County Schools
2203 National Road
Wheeling, WV 26003

Dear Dr. Jones:

I am in receipt of your correspondence regarding extracurricular coaching positions. You stated, ?The purpose of this letter is to request a Superintendent?s Interpretation regarding teachers who retire and wish to continue in their extracurricular contracts.?

The assignment of teachers and service personnel to extracurricular assignments is governed by West Virginia Code ?18A-4-16. Paragraph (4) of that section states that ?[a]n employee?s contract of employment shall be separate from the extracurricular assignment . . .? Further, West Virginia Code ?18A-3-2a grants the state superintendent the authority to issue other certificates and permits, subject to the approval of the state board, to persons who do not qualify for the professional or paraprofessional certificate, which specifically includes athletic coaches. Accordingly, the clear intent of the law is that extracurricular coaching assignments are separate and distinct from teaching contracts.

Because teaching contracts and extracurricular contracts are legally distinct, there is no prohibition against a retired teacher being hired as a coach. However, all regulations and limitations pertaining to extracurricular coaching positions as set forth in West Virginia law and West Virginia Board of Education Policy, including but not limited to West Virginia Code ?18A-4-16, West Virginia Code ?18A-3-2a, and State Board of Education Policy 5202, will continue to apply to any such coaching position.

Hoping that I have been of service, I am

Sincerely,

/s/