SENATE JOINT RESOLUTION NO. 10
(By Senators Snyder, Unger and Browning)
[Introduced February 14, 2012; referred to the Committee on the Judiciary; and then to the Committee on Finance.]
Proposing an amendment to the Constitution of the State of West Virginia, amending section two, article XII thereof, relating to permitting members of the State Board of Education to serve four-year terms; permitting current members to serve out their current terms; 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 2012, or at any special election held subsequent thereto, which proposed amendment is that section two, article XII thereof be amended to read as follows:
ARTICLE XII. EDUCATION.
12-2. 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 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 four years, except that the original appointments shall be for terms of one, two, three and four five, six, seven, eight, and nine years, respectively: Provided, That persons who are members on November 6, 2012, may complete his or her present term. 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 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 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 “Four-Year Term for State Board of Education Members Amendment" and the purpose of the proposed amendment is summarized as follows: "To amend the State Constitution to provide the terms of members of the State Board of Education be four years, providing that current members may complete their existing terms.”
NOTE: The purpose of this resolution is to amend the State Constitution to decrease the term of members of the State Board of Education from nine years to four years. The resolution permits current members to serve out their current terms.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.