SENATE JOINT RESOLUTION NO. 1
(By Senators Bailey, Ross and Sharpe)
[Introduced January 17, 1995; referred to the
Committee on Education.]
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; providing for
appointment of the state superintendent of free schools;
numbering and designating such proposed amendment; and
providing a summarized statement of the purpose of such
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-six,
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 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 governor shall select the state superintendent of free
schools, by and with the advice and consent of the Senate, who
shall serve at the will and pleasure of the governor. The
superintendent 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 VI 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 resolution is to empower the
governor to appoint the state superintendent of schools, subject
to Senate confirmation, and to make the Legislature responsible
for the supervision of the free schools.
This section was completely rewritten, therefore, no
underlining or strike-throughs are shown.