WEST virginia legislature

2018 regular session

Committee Substitute

for

Senate Joint Resolution 7

By Senators Boso, Rucker, Cline, and Azinger

[Originating in the Committee on the Judiciary; Reported on February 26, 2018]

Proposing an amendment to the Constitution of the State of West Virginia, amending section two, article XII thereof, all relating generally to the supervision of the free schools; clarifying that the general supervisory authority of the State Board of Education is subject to legislative enactments; specifying that board rules and policies are subject to legislative review and approval; 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 2018:

§2.  Supervision of Free Schools.

Subject to enactments of the Legislature, the general supervision of the free schools of the state shall be vested in the West Virginia Board of Education.  The board may, subject to legislative review and approval, propose such rules and policies as it deems necessary.   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, 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 a State Superintendent of Free 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 are prescribed by law.

The State Superintendent of Free Schools shall be a member of the Board of Public Works as provided by subsection B, section 51, article VI 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 amendment is hereby numbered “Amendment No. 1” and designated as the “Supervision of Free Schools Modification Amendment”, and the purpose of the proposed amendment is summarized as follows: “Clarify that the general supervisory authority of the State Board of Education is subject to legislative review and approval.”