H. B. 4107
(By Delegates Perry, Fahey, Beach, Shaver,
Romine, Williams and Mezzatesta)
[Introduced January 21, 2002; 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 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 employee 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.
NOTE: The purpose of this bill is to
clarify that the county
board of education and its superintendent may designate the places
where competency testing for service personnel will be held.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.