WEST virginia legislature

2020 regular session

Introduced

House Joint Resolution 102

By Delegates Espinosa, Bibby, Criss, Waxman, Porterfield, Cowles, Hamrick, Foster, Ellington and Householder

[Introduced January 8, 2020; Referred
to the Committee on the Judiciary.]

Proposing an amendment to the Constitution of the State of West Virginia amending section two, article XII thereof, relating to providing for rulemaking oversight 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 2020, which proposed amendment is that section two, article XII thereof be amended, to read as follows.

Article XII. Education.

§2.  Supervision of free schools.

            The general supervision of the thorough and efficient system of free schools of the State as provided by general law shall be vested in the West Virginia Board of Education which shall perform such duties as may be prescribed by general law.  In the performance of its supervisory duties, the West Virginia Board of Education may promulgate rules which shall be submitted to the Legislature for its review and approval, amendment or, rejection, in whole or in part, in the manner 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 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, 1931, as amended, such amendment is hereby numbered “Amendment No. 1” and designated as the “West Virginia Board of Education Rulemaking Oversight Amendment” and the purpose of the proposed amendment is summarized as follows:  “The purpose of this amendment is to provide the West Virginia Legislature the ability to approve or disapprove rules promulgated by the West Virginia Board of Education.“

NOTE: The purpose of this resolution is to provide the West Virginia Legislature rulemaking oversight of the board of education.

Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.