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.