SENATE JOINT RESOLUTION NO. 5

(By Senator Bailey)

[Introduced February 13, 1996; 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 education and supervision of free schools; eliminating the office of state superintendent of free schools as a constitutional board; providing that the powers and duties of such office and board shall be exercised and performed by such department or person as shall be prescribed by law; 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-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 supervision of the free schools of the State shall be vested in such department within the executive branch of state government as shall be prescribed by law, which department shall have such powers and perform such duties as shall be prescribed by law. Wherever elsewhere in this constitution reference is made to the West Virginia board of education or superintendent of free schools, such reference shall henceforth be read, construed and understood to mean, respectively, such department or person specified by law as being responsible for the exercise and performance of the powers and duties previously vested in such board and superintendent. Until the effective dated of such law, the supervision of the free schools shall continue to be vested in the West Virginia board of education, and the state superintendent of free schools shall continue to be the chief school officer of the state.
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. 3" and designated as the "Education Reorganization Amendment", and the purpose of the proposed amendment is summarized as follows: "To amend the State Constitution to eliminate the office of the state superintendent of free schools as a constitutional office and the West Virginia board of education as a constitutional board, and to vest the responsibility for the exercise and performance of the powers and duties of the state superintendent and state board in such department of state government or person as shall be prescribed by
law."



NOTE: The purpose of this resolution is to provide that no rule promulgated by an executive agency may take effect unless approved by the appropriate legislative body if the rule would, when in effect, have the force of law. It applies to state, county and municipal executive agencies and departments.

This section has been completely rewritten; therefore, strike-throughs and underscoring have been omitted.