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Introduced Version Senate Joint Resolution 101 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2019 fiRST eXTRAORDINARY session

Introduced

Senate Joint Resolution 101

By Senators Blair, Boso, and Cline

[Introduced June 2, 2019]

Proposing an amendment to the Constitution of the State of West Virginia, amending section two, article XII thereof, relating generally to the supervision of 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 the year 2020, which proposed amendment is that section two, article XII thereof, read as follows:


§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 rules and policies it considers 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.“

 

NOTE: The purpose of this resolution is to allow the modification of the state governance structure for the supervision of the free schools pursuant to act of the Legislature.

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

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