SENATE JOINT RESOLUTION NO. 6
(By Senator Bailey)
[Introduced February 9, 1994;
referred to the Committee on Education;
and then to the Committee on the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section two, article twelve thereof,
relating to providing that the Legislature with the
assistance of the state board of education is responsible
for the supervision of the free schools; 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 XII. EDUCATION.
§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
Legislature. A state board of education shall be established to
assist the Legislature. 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, secretary of education shall select the state
superintendent of free schools who shall serve at its his or her
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, one
thousand nine hundred thirty-one, as amended, such proposed
amendment is hereby numbered "Amendment No. 1" and designated as
the "Education Reform Amendment" and the purpose of the proposed
amendment is summarized as follows: "To provide that the
Legislature with the assistance of the state board of education
is responsible for the supervision of the free schools."
NOTE: The purpose of this constitutional amendment is to
provide that the Legislature with the assistance of the state
board of education is responsible for the supervision of the free
schools. It also provides that the secretary of education shall
appoint the superintendent of schools.
Strike-throughs indicate language that would be stricken
from the present constitution and underscoring indicates new
language that would be added.