H. B. 2246
(By Delegate Damron)
[Introduced January 15, 1999; referred to the
Committee on Education.]
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
providing that full-time school bus operators who have
passed the school bus operator written certification
examination are exempt from subsequently taking the
examination.
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 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 considered a single
classification of employment and shall have a single competency
test. The cafeteria manager class title shall be included in the
same classification category as cooks and shall have the same
competency test. The executive secretary class title shall be
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
included in one classification title and shall have the same
competency test.
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 not be used to evaluate employees who hold
the classification title in the category of their employment.
The competency test shall consist of an objective written and/or performance test: 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 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 the county board of education. 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 the qualification of an
applicant for a classification title. Once an employee passes
the competency test of a classification title, said applicant
shall be 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.
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.
Competency tests shall be administered to applicants in a
uniform manner under uniform testing conditions. County boards
of education shall be responsible for scheduling competency tests
and shall not utilize a competency test other than the test
authorized by this section.
When scheduling of the competency test conflicts with the
work schedule of a school employee who has applied for a vacancy,
said employee must be excused from work to take said competency
test without loss of pay.
A minimum of one day of appropriate inservice training shall
be provided employees to assist them in preparing to take the
competency tests.
Competency tests shall be utilized to determine the
qualification of new applicants seeking initial employment in a
particular classification title as either a regular or substitute
employee.
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 deemed considered
as qualified for said classification title even though that
employee no longer holds that classification.
The requirements of this section shall not be construed to
alter the definitions of class titles as provided in section
eight of this article nor the procedure and requirements of
section eight-b of this article.
The testing procedures of this section shall be implemented
effective the first day of July, one thousand nine hundred
ninety-one.
(b) Notwithstanding any provision in subsection (a) to the
contrary, a full-time school bus operator who has passed the
school bus operator written certification examination is exempt
from subsequently taking the written certification examination as
long as that school bus operator maintains his or her full-time
status. This exemption does not apply to new or substitute
school bus operators.
NOTE: The purpose of this bill is to provide that a
full-time school bus operator who has passed the school bus
operator written certification examination is exempt from
subsequently taking the examination.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.