HJR24 H ED 3-21 AM #1
White 3336
The Committee on Education moved to amend the resolution on page one, following the resolving section, by striking out the remainder of the resolution and inserting in lieu thereof the following:
“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 eighteen, which proposed amendment is that section two, article twelve 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. As
part of those duties, the Board of Education shall promulgate rules to be
submitted to the Legislature for its review and approval. 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 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 or she 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.
The board shall consist of nine members, six of whom shall be elected on a nonpartisan basis, in a manner to be provided by law, and three of whom shall be appointed by the governor from the state at large, with consent of the Senate. Members shall serve terms of four years. The procedures for elections and for vacancies shall be provided by law.
The powers and duties of the West Virginia Board of Education remain the same as provided in this article and, except for the changes regarding rulemaking oversight and in how the board is constituted, no other changes are intended by this amendment.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered “Amendment No.1” and designated as the “Election of West Virginia Board of Education members amendment” and the purpose of the proposed amendment is summarized as follows: “The purpose of this amendment is to provide for rulemaking oversight and for the election of the six members of the West Virginia Board of Education, every four years, in a manner provided by law.”
Adopted
Rejected