WEST virginia Legislature

2018 regular session

Introduced

House Joint Resolution 103

By Delegates. Espinosa, Sobonya, Hill, Rowan, Frich, Cowles, Kessinger, jennings, Hamilton, Butler and Mr. Speaker (Mr. Armstead)

[Introduced January 12, 2018; Referred
to the Committee on Education then Judiciary ]

Proposing an amendment to the Constitution of the State of West Virginia, amending section two, article twelve thereof, relating to education; providing for rule oversight; providing for the election of members of the State Board of Education, beginning with the general election in 2021; shortening the term of State Board of Education members; 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 2018, 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 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. 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 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, six of whom shall be elected on a nonpartisan basis and three of whom shall be appointed by the Governor with consent of the Senate. All members elected and appointed shall serve terms of six years, except that the terms of the initial members elected and appointed shall be for six years or less as determined by general law. The apportionment of districts for election and appointment and the procedures for the filling of vacancies shall be provided by general law.

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.

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 “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.”

NOTE:  The purpose of this amendment is to provide for rulemaking oversight and for the election of six members of the West Virginia Board of Education, every four years, in a manner provided by law.

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