CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL DEVELOPMENT.

§18A-3-2b. Adjunct teaching permit.

(a) An individual with an adjunct teaching permit may be hired to fill a vacant teaching position, offer a new program or class, or to supplement a program currently being offered only if no other teacher holding certification in the subject area is available and accepts the position or assignment. All requirements of this section other than the requirement for a criminal history check pursuant to §18A-3-2b(b)(2) of this code apply separately to each year of employment under an adjunct teaching permit.

(b) An adjunct teacher permit may be issued to an individual who meets the following requirements:

(1) The individual has at least four years of experience in the content area in which the individual intends to teach through employment experience or has a college degree in that content area: Provided, That a related content area that includes the concepts of the content area in which the individual intends to teach satisfies this requirement;

(2) The individual submits to the criminal history check of applicants for licensure provided in §18A-3-10 of this code;

(3) The individual has not been convicted of a felony or plead guilty or plead no contest to a felony charge or convicted, plead guilty, or plead no contest to any charge involving sexual misconduct with a minor or a student.

(c) An adjunct teacher permit is valid for one year from the date of issuance. Each year that a county board seeks to employ an individual under an adjunct teaching permit, the county board shall repost the position. Renewal of the permit is contingent upon the teacher’s performance meeting a basic standard as determined by an evaluation. For this purpose, the state board shall include in its evaluation rule required by §18A-3C-2 of this code a process for the evaluation of teachers holding an adjunct teacher permit.

(d) If a county board employs any individual with an adjunct teaching permit issued pursuant to this section:

(1) The employment may be on a part-time or full-time basis;

(2) The compensation may be any amount both the county board and the adjunct teacher agree to and is not required to be based on §18A-4-2 or any other provision of this code;

(3) The county board is not required to provide the adjunct teacher retirement benefits, health insurance, nor any other type of employment benefit unless both the county board and the adjunct teacher agree to those benefits;

(4) The county board shall enter into a contract with the adjunct teacher that specifies the length of time for the contract; which days the adjunct teacher is to teach; the amount of time the teacher is to teach on those days; the rate of compensation; whether any retirement, health insurance, or any other type of benefit will be provided and if so exactly what those benefits will be; and any other provisions the county board and adjunct teacher agree to;

(5) The individual who holds the adjunct teaching permit may teach in any content area, including a career and technical education content area, in which the individual is allowed to teach based on the individual’s experience described in subsection (b) of this section;

(6) The individual must be assigned a teacher mentor for support in pedagogy; and

(7) The individual shall complete the harassment, intimidation, and bullying training, and preventing child sexual abuse training required by state board policy 4373, and education on the warning signs and resources to assist in suicide prevention pursuant to §18-2-40 of this code within the first 90 days of employment.

(e) An adjunct teacher may not provide special education instruction.

(f) Each county board that employs an adjunct teacher with an adjunct teacher permit issued pursuant to this section shall report to the West Virginia Department of Education the following information:

(1) The number of adjunct teachers who hold a permit issued under this section that the county board has hired each school year, disaggregated by the grade level and subject area taught by the adjunct teacher; and

(2) The following information for each adjunct teacher described in subdivision (1) of this subsection:

(A) The name of the adjunct teacher;

(B) The subject matter the adjunct teacher is permitted to teach;

(C) A description of the adjunct teacher’s experience that qualifies him or her under §18A-3-2b(b)(1) of this code;

(D) The compensation paid to the adjunct teacher during the school year;

(E) The number of previous adjunct teaching employment agreements the adjunct teacher has entered into with the county board.

(g) A county board shall post a vacant adjunct teacher position pursuant to §18A-4-7a(q) of this code.

(h) A county board may notify parents of students enrolled in the school of a vacant adjunct teacher position.

(i) The county board shall announce any vacant adjunct teacher positions at its meetings.