WEST virginia legislature

2017 regular session

Introduced

House Joint Resolution 26

By Delegates Wilson, Dean, Foster, N., Hill, Wagner, Criss and Higginbotham

[Introduced March 13, 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 education, supervision of free schools and organization of the West Virginia Board of Education; 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 2018, which proposed amendment is that section two, article XII thereof, be amended to read as follows:

ARTICLE XII.  EDUCATION.

§2.  Supervision of free schools.

The general supervision of the free schools of the State shall be vested in the West Virginia board of education which shall be organized by the Legislature to perform such duties as may be directed by the Legislature or 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, 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 “Supervision of Free Schools Amendment” and the purpose of the proposed amendment is summarized as follows: “To provide that the West Virginia Board of Education be organized by the Legislature and perform duties as directed by the Legislature or prescribed by law.“

NOTE: The purpose of this resolution is to amend the Constitution to provide that the West Virginia Board of Education be organized by the Legislature and perform duties as directed by the Legislature or prescribed by law.

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