SENATE JOINT RESOLUTION NO. 13

(By Senators Boley, Blair, Cole, Jenkins, Nohe, Sypolt and Walters)

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[Introduced February 13, 2014; referred to the Committee on the Judiciary; and then to the Committee on Finance.]

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Proposing an amendment to the Constitution of the State of West Virginia, amending section two, article twelve thereof, relating to reforming the West Virginia Board of Education so that its membership is made up of elected and appointed members; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

    Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

    That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2014, which proposed amendment is that section two, article twelve thereof be amended to read as follows:

ARTICLE XII. EDUCATION.

§2. Supervision of public schools.

    The general supervision of the free public schools of the State shall be vested in the West Virginia Board of Education, which shall perform such duties as may be prescribed by law. The board shall consist of nine members, to be appointed by the governor, by and with the advice and consent of the senate, for overlapping terms of nine years, except that the original appointments shall be for terms of one, two, three, four, five, six, seven, eight, and nine years, respectively. No more than five members of the board shall belong to the same political party, and in addition to the general qualifications otherwise required by the Constitution, an equal number of members, with the total number set by general law, residing in each congressional district, along with three additional members appointed by the Governor, by and with the advice and consent of the Senate. The number of members elected to the board may not number fewer than six or more that eight. Elected members shall be elected to staggered six year terms, as determined by general law. Elections shall be held on a nonpartisan basis. The Legislature may require other specific qualifications for membership on the board. No member of the board may be removed from office by the Governor except for official misconduct, incompetence, neglect of duty or gross immorality, and then only in the manner prescribed by law for the removal by the Governor of state elective officers.

    The West Virginia Board of Education shall, in the manner prescribed by law, select the State Superintendent of free Public Schools, who shall serve at its will and pleasure. He or she shall be the chief school officer of the State and shall have such powers and shall perform such duties as may be prescribed by law.

    The State Superintendent of free Public Schools shall be a member of the Board of Public Works as provided by subsection (b), section fifty-one, article six of this Constitution.

    Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as the "School Board Election Amendment" and the purpose of the proposed amendment is summarized as follows: "The purpose of this amendment is to increase accountability for the implementation of education policies affecting West Virginia children by reforming the West Virginia Board of Education so that a majority of the members are elected based on their congressional district, and three members are appointed by the Governor.”

    NOTE: The purpose of this resolution is to propose a constitutional amendment that would change the composition of the state board of education to six elected members and three appointed members. This resolution is the same as House Joint Resolution No. 106.

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