H. B. 2038


(By Delegate Phillips, By Request)
[Introduced February 10, 1993; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section one-a, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the removal of members of county boards of education for failure to attend certain orientation and training programs; requiring the state board of education to petition the circuit court of Kanawha County to remove the member; and providing for the removal of a county board of education member who fails to show good cause for not attending certain orientation and training programs.

Be it enacted by the Legislature of West Virginia:
That section one-a, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-1a. Eligibility of members.

No person shall be eligible for membership on any county board of education who is not a citizen, resident in such county, or who accepts a position as teacher or service personnel in any school district, or who is an elected or an appointed member of any political party executive committee, or who becomes a candidate for any other office than to succeed oneself.
No member or member-elect of any board of education shall be eligible for nomination, election or appointment to any public office, other than to succeed oneself, or for election or appointment as a member of any political party executive committee, unless and until after his membership on the board, or his status as member-elect to the board, has been terminated at or before the time of his filing for such nomination for, or appointment to, such public office or committee.
Any person who is elected or appointed to a county board of education on or after the fifth day of May, one thousand nine hundred ninety-two, shall possess at least a high school diploma or a general educational development (GED) diploma: Provided, That this provision shall not apply to members or members-elect who have taken office prior to the fifth day of May, one thousand nine hundred ninety-two, and who serve continuously therefrom.
No person elected to a county board of education after the first day of July, one thousand nine hundred ninety, shall assume the duties of board member unless he or she has first attended and completed a course of orientation relating to boardsmanship and governance effectiveness which shall be given between thedate of election and the beginning of the member's term of office. Members appointed to the board shall attend and complete the next such course offered following their appointment. Commencing on the effective date of this section, members shall annually receive seven clock hours of training in areas relating to boardsmanship and governance effectiveness. Such orientation and training shall be approved by the state board of education and conducted by the West Virginia school board association or other organization or organizations approved by the state board. Failure to attend and complete such an approved course of orientation and training relating to boardsmanship and governance effectiveness without good cause shall constitute neglect of duty. The state board of education shall petition the circuit court of Kanawha County to remove any county board of education member who has failed to or who refuses to attend and complete the approved course of orientation and training. If the county board of education member fails to show good cause for not attending the approved course of orientation and training, the court shall remove the member.



NOTE: The purpose of this bill is to provide a judicial method for removing members of county boards of education who fail or refuse to attend orientation and training programs mandated by law. The state board of education is required to petition the circuit court of Kanawha County to remove any member of a county board of education who fails or refuses to attend the orientation and training programs. The bill also provides that the member shall be removed if he or she fails to show good cause for not attending the programs.

Strike-throughs indicate language that would be strickenfrom the present law, and underscoring indicates new language that would be added.