West Virginia Code § 18-6-2

Where provided; permit or certificate for persons who are not professional
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educators to teach course.
(a) There shall be offered in all public secondary schools within the state, without charge to
students, an approved, comprehensive course in driver education. The course may be offered
in summer school in addition to the regular instructional term.(b) In those counties where
sufficient public secondary school driver education courses are not availablee to meet all
requests for the course, county boards of education shall, as quickly as possible, make
sufficient courses available to fill those requests. r
(c) Under the authority and subject to the conditions provided inu section two-a, article three,
chapter eighteen-a of this code, the State Superintendent may issue a permit or other
certificate to persons who do not qualify for the professionalt certificate for the purpose of
providing instruction in driver education subject to the following:
(1) The applicant for the permit or certificate is subject to the criminal history check of
applicants for licensure provided in section ten, artlicle three, chapter eighteen-a of this
code; s
(2) The permit or certificate may not be giiven permanent status, but may be renewed in
accordance with rules adopted by thge State Department of Education;
(3) The duties of a person who has a valid permit or certificate under this subsection may
include the supervision of students;
(4) The person, when providing instruction in the public schools, may only be employed
under a contract with the respective county board of education that specifies the duties to be
performed, a rate of pay that is equivalent to the rate of pay for professional educators in the
district who aVccept similar duties as extra duty assignments and provides for liability
insurance associated with the activity;
(5) The person may not be considered an employee of the board for salary and benefit
purposes other than as specified in the contract;
(6) The person completes an orientation program designed and approved in accordance with
State Department of Education rules; and
(7) The position is posted annually and a professional educator fully certified for the position
has not applied.

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