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Committee Substitute House Bill 4107 History

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hb4107 sub


COMMITTEE SUBSTITUTE

FOR

H. B. 4107


(By Delegates Perry, Fahey, Beach, Shaver,

Romine, Williams and Mezzatesta)


[Originating in the Committee on Education.]

(January 25, 2002)


A BILL to amend and reenact section eight-e, article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to competency testing of service personnel; and clarifying that county board of education and superintendent may designate places for testing.

Be it enacted by the Legislature of West Virginia:
That section eight-e, article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, 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 shall be is considered a separate classification category of employment for service personnel and shall have a separate competency test, except for those class titles having Roman numeral designations, which shall be are considered a single classification of employment and shall have a single competency test. The cafeteria manager class title shall be is included in the same classification category as cooks and shall have the same competency test. The executive secretary class title shall be is included in the same classification category as secretaries and shall have the same competency test. The classification titles of chief mechanic, mechanic and assistant mechanic shall be are included in one classification title and shall have the same competency test.
(b) The purpose of these tests shall be 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 can meet the definition of the classification title in another category of employment as defined in section eight of this article. Competency tests shall may not be used to evaluate employees who hold the classification title in the category of their employment.
(c) The competency test shall consist of an objective written and/or or performance test, or both: Provided, That applicants shall have the opportunity of taking the written test orally if requested. Oral tests shall be recorded mechanically and kept on file. Persons administering the oral test shall may not know the applicant personally. The performance test for all classifications and categories other than bus operator shall be administered by a vocational school which serves an appropriate vocational instructor of the county board of education at a location designated by the superintendent and approved by the board. A standard passing score shall be established by the state department of education for each test and shall be used by county boards of education. The subject matter of each competency test shall be 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 shall be designed in such a manner that achieving a passing grade will not require knowledge and skill in excess of the requirements of the definitions of the classification titles. Achieving a passing score shall conclusively demonstrate demonstrates the qualification of an applicant for a classification title. Once an employee passes the competency test of a classification title, the applicant shall be is fully qualified to fill vacancies in that classification category of employment as provided in section eight-b of this article and shall may not be required to take the competency test again.
(d) An applicant who fails to achieve a passing score shall be given other opportunities to pass the competency test when making application for another vacancy within the classification category.
(e) Competency tests shall be 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 shall may not utilize 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 shall be excused from work to take the competency test without loss of pay.
(g) A minimum of one day of appropriate inservice training shall be provided employees to assist them in preparing to take the competency tests.
(h) Competency tests shall be utilized 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 shall be is considered qualified for the classification title even though that employee no longer holds that classification.
(j) The requirements of this section shall not be construed to do not alter the definitions of class titles as provided in section eight of this article nor or the procedure and requirements of section eight-b of this article.



Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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