SENATE JOINT RESOLUTION NO. 6
(By Senators Mitchell, Ball, Hunter and Anderson)
[Introduced February 10, 2000; referred to the Committee on
Education.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section two, article XII thereof,
relating to election of members of the West Virginia board
of education; 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 two thousand, which proposed amendment is
that section two, article XII thereof be amended and reenacted,
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. 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 to be elected in
nonpartisan elections for overlapping terms of six years, except
in the original election, the three candidates, one from each
congressional district, receiving the third highest totals of
votes cast shall be elected for terms of two years; the three
candidates, one from each congressional district, receiving the
second highest totals of votes cast shall be elected for terms of
four years; and the three candidates, one from each congressional
district, receiving the highest totals of votes cast shall be
elected for terms of six years 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 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 "Board of Education Election Amendment", and the purpose of
the proposed amendment is summarized as follows: "To provide for
the election of members of the West Virginia board of education."
NOTE: The purpose of this resolution relates to amending the
Constitution to provide for the election of members of the West
Virginia board of education.
Strike-throughs indicate language that would be stricken
from the present constitution, and underscoring indicates new
language that would be added.