WEST virginia legislature

2017 regular session

Introduced

House Joint Resolution 16

By Delegate Sobonya

[Introduced February 15, 2017;
 Referred to the Committee on Education then Judiciary]

Proposing an amendment to the Constitution of the State of West Virginia amending section two, article XII thereof, relating to the free schools of the State, 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 two thousand eighteen, which proposed amendment is that section two, article XII be amended to read as follows:

ARTICLE XII.

§2. Supervision of Free Schools

The general supervision of the free schools of the State shall be vested in the West Virginia the people of West Virginia through their elected representatives in the Legislature. A board of education will serve the Legislature as an advisory body which and shall perform such duties as may be prescribed by law. The board shall consist of nine members, who shall serve overlapping terms of four years. Three board members of which are 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 two of the Governor’s appointments five members of the board shall belong to the same political party. The remaining six members of the board shall be equally distributed among the state’s congressional districts and elected in a non-partisan election. and in 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 State Superintendent of Free Schools who shall serve at its will and pleasure.  He 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 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 amendment is hereby numbered “Amendment No. 1” and designated as the “Amend Supervision of Free Schools Amendment” and the purpose of the proposed amendment is summarized as follows: “To amend section two, article twelve, which designates that supervision of schools be vested in the Legislature, that the board of education be made an advisory body, and modifies the composition and terms of the board of education.”

NOTE: The purpose of this resolution is to vest the supervision of free schools in the Legislature, to make the board of education an advisory body, and to modify the composition and terms of the board of education.

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