HOUSE JOINT RESOLUTION NO. 35
(By Delegates Kump, Romine and Rowan)
[Introduced March 21, 2013; referred to the committee on Constitutional Revision then Education then the Judiciary.]
Proposing an amendment to the Constitution of the State of West Virginia, amending section two, article XII thereof, relating to election of State Board of Education 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 2, article XII thereof be amended, to read as follows:
ARTICLE XII. EDUCATION.
§2. Supervision of free schools.
(a) The general supervision of the free 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 Beginning with the general election of 2014, board members shall be elected on a nonpartisan ballot at regularly scheduled general elections. Board members shall be elected from the state’s congressional districts. The Legislature shall provide by law for election of board members.
(b) In addition to the general qualifications otherwise required by the Constitution, the Legislature may require other specific qualifications for membership on the board. No A member of the board, once elected, 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 in accordance with section nine, article four of this Constitution.
(c) No person is eligible for membership on the state board who is a member of any political party executive committee, holds any other public office or public employment under the federal government or under the government of this state or any of its political subdivisions, or who is an appointee or employee of the board.
(d) 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 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.
(e) 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 proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Nonpartisan Election of the State Board of Education Amendment" and the purpose of the proposed amendment is summarized as follows: "The purpose of this amendment is to require the nonpartisan election of members of the State Board of Education in general elections."
NOTE: The purpose of this resolution is to require the nonpartisan election of members of the State Board of Education in general elections.
Strike-throughs indicate language that would be stricken from the present Constitution, and underscoring indicates new language that would be added.