HOUSE JOINT RESOLUTION NO. 17
(By Delegates Mezzatesta, Fragale, Brum, Martin,
D. Miller, Faircloth and Staton)
(Introduced March 27, 1993; referred to the
Committee on Constitutional Revision.)
Proposing an amendment to the Constitution of the State of West
Virginia, amending section two, article twelve thereof,
relating to the appointment of state superintendent of
schools by the Governor, with the advice and consent of the
Senate; 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 one thousand nine hundred ninety-four,
which proposed amendment is that section two, article twelve
thereof be amended, to read as follows:
ARTICLE 12. SUPERVISION OF FREE SCHOOLS.
§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 overlappingterms 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 state superintendent of free
schools who shall serve at its will and pleasure. The state
superintendent of schools shall be appointed by the Governor,
with the advice and consent of the Senate for a term of four
years. He 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.
Further Resolved, That in accordance with the provisions of
article eleven, chapter three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, such proposed
amendment is hereby numbered "Amendment No. 1" and designated asthe "Appointment of the State Superintendent of Schools
Amendment," and the purpose of the proposed amendment is
summarized as follows: "To amend the State Constitution to
permit the appointment of the state superintendent of schools by
the Governor, with the advice and consent of the Senate."
NOTE: The purpose of this resolution is to change the
appointment of the state superintendent of schools from the West
Virginia Board of Education to the Governor with advice and
consent of the Senate for a four-year term.
Strike-throughs indicate language that would be stricken
from the present Constitution, and underscoring indicates new
language that would be added.