H. B. 2527
(By Delegates Campbell, Williams, Perry and Beach)
February 21, 2005
; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18A-4-8e of the Code of West Virginia,
1931, as amended, relating to competency testing for service
personnel; and authorizing employees of multicounty vocational
school that serves county to administer tests.
Be it enacted by the Legislature of West Virginia:
That §18A-4-8e of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-8e. Competency testing for service personnel.
(a) The State Board of Education shall develop and cause to be
made available competency tests for all of the classification
titles defined in section eight and listed in section eight-a of
this article for service personnel. Each classification title
defined and listed is considered a separate classification category of employment for service personnel and has a separate competency
test, except for those class titles having Roman numeral
designations, which are considered a single classification of
employment and have a single competency test. The cafeteria
manager class title is included in the same classification category
as cooks and has the same competency test. The executive secretary
class title is included in the same classification category as
secretaries and has the same competency test. The classification
titles of chief mechanic, mechanic and assistant mechanic are
included in one classification title and have the same competency
(b) The purpose of these tests is to provide county boards of
education a uniform means of determining whether school service
personnel employees who do not hold a classification title in a
particular category of employment meet the definition of the
classification title in another category of employment as defined
in section eight of this article. Competency tests may not be used
to evaluate employees who hold the classification title in the
category of their employment.
(c) The competency test consists of an objective written or
performance test, or both: Provided, That applicants have the
opportunity to take the written test orally if requested. Oral
tests are recorded mechanically and kept on file. The oral test is
administered by persons who do not know the applicant personally. The performance test for all classifications and categories other
than bus operator is administered by an employee of the county
board of education or an employee of a multi-county vocational
school that serves the county at a location designated by the
Superintendent and approved by the Board. The location may be a
vocational school that serves the county. A standard passing score
is established by the State Department of Education for each test
and is used by county boards of education. The subject matter of
each competency test is commensurate with the requirements of the
definitions of the classification titles as provided in section
eight of this article. The subject matter of each competency test
is designed in such a manner that achieving a passing grade does
not require knowledge and skill in excess of the requirements of
the definitions of the classification titles. Achieving a passing
score conclusively demonstrates the qualification of an applicant
for a classification title. Once an employee passes the competency
test of a classification title, the applicant is fully qualified to
fill vacancies in that classification category of employment as
provided in section eight-b of this article and shall not be
required to take the competency test again.
(d) An applicant who fails to achieve a passing score is given
other opportunities to pass the competency test when making
application for another vacancy within the classification category.
(e) Competency tests are administered to applicants in a uniform manner under uniform testing conditions. County boards of
education are responsible for scheduling competency tests,
notifying applicants of the date and time of the one day of
training prior to taking the test and the date and time of the
test. County boards of education may not use a competency test
other than the test authorized by this section.
(f) When scheduling of the competency test conflicts with the
work schedule of a school employee who has applied for a vacancy,
the employee is excused from work to take the competency test
without loss of pay.
(g) A minimum of one day of appropriate in-service training is
provided to employees to assist them in preparing to take the
(h) Competency tests are used to determine the qualification
of new applicants seeking initial employment in a particular
classification title as either a regular or substitute employee.
(i) Notwithstanding any provisions in this code to the
contrary, once an employee holds or has held a classification title
in a category of employment, that employee is considered qualified
for the classification title even though that employee no longer
holds that classification.
(j) The requirements of this section do not alter the
definitions of class titles as provided in section eight of this
article or the procedure and requirements of section eight-b of this article.
NOTE: The purpose of this bill is to authorize employees of
multicounty vocational schools to administer the performance tests
of service personnel in the counties served by the school.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would