Interpretation's Date: June 27, 2007
by superintendent Dr. Steven L. Paine
Section: V. Personnel
SubSection: C. Service Personnel
June 27, 2007
Mr. Danny Kaser
Dear Mr. Kaser:
I am in receipt of your request for a Superintendent?s Interpretation regarding the employment of service personnel as coaches. Specifically, you ask:
1. Are service employees eligible to receive coaching authorizations under W.Va. Code ?18A-3-2a?
Yes, Service employees are eligible to receive coaching authorizations. However, they can only receive the authorization when he or she has been offered employment as a coach and no currently employed professional educator has applied for the position. The service employee must also meet all requirements of West Virginia Board of Education Policy 5202 and W.Va. Code ?18A-3-10.
2. Are service employees who hold teaching certificates eligible to receive coaching authorizations under W.Va. Code ?18A-3-2a?
Service employees who hold teaching certificates do not need to hold coaching authorizations in order to be employed as coaches in West Virginia public schools. However, pursuant to W.Va. Code ?18A-3-2a, those currently employed professional educators who are fully certified will receive hiring preference over those individuals who possess permits (e.g., sub permits). In other words, the fully certified teacher will always receive preference over individuals possessing only lesser certificates. See Arrington v. Jackson County Board of Education, Docket No.: 04-18-365 (April 29, 2005).
3. Are service employees who hold teaching certificates entitled to serve as coaches under WVSSAC Rule 127-3-6 without obtaining a coaching authorization?
Yes, see the response to question 2, above. Nonetheless, it would not be contrary to law for a county to require these individuals to either obtain SSAC training or otherwise demonstrate knowledge of the skills necessary to be an effective coach, such as basic
Mr. Danny Kaser
sports medicine, basic coaching principles, and SSAC rules and regulations regarding the sport the individual is hired to coach.
4. If so, are service employers who hold teaching certificates on the same terms as teachers when competing for coaching positions?
No, see the response to question 2, above, citing Arrington v. Jackson County Board of Education, Docket No.: 04-18-365 (April 29, 2005).
Hoping that I have been of service, I am
Steven L. Paine