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.