HOUSE JOINT RESOLUTION NO. 7
(By Delegate Gillespie)
(Introduced January 14, 1998; 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 supervision of free schools; requiring that
state school board members and the state superintendent of
schools be elected; 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-eight,
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. One
member of the state board of education shall be elected from each
senatorial district in the state as prescribed by general 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
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, select the state superintendent of free
schools who shall serve at its will and pleasure. He The state
superintendent of schools 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
schools shall be elected by the statewide electorate as
prescribed by general 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 "Election of the State Board of Education Members and the
State Superintendent of Schools Amendment," and the purpose of
the proposed amendment is summarized as follows: "To amend
section two, article twelve of the State Constitution which
provides for the supervision of free schools; by striking those
references to appointment of the members of the West Virginia
board of education members and of the state superintendent of
schools; and inserting in lieu thereof provisions for the
election of the state board of education members, one from each
senatorial district, and the state superintendent of schools as
prescribed by general law."
NOTE: The purpose of this resolution is to amend section
two, article twelve of the West Virginia Constitution relating to
the supervision of free schools and the appointment by the
governor of state school board members and their subsequent
appointment of the state superintendent of schools. This
amendment would strike the language dealing with appointments of
these positions and insert in lieu thereof language requiring
that these positions be elected. Each senatorial district would
elect one state school board member. The state superintendent of
schools would be elected by the statewide electorate.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
WORDS