WEST virginia Legislature

2017 regular session

Introduced

House Joint Resolution 20

By  Delegates Espinosa, Howell, Deem, Butler, Ward, Sobonya, dean, Hamrick, Blair, Wilson and Mr. Speaker (Mr. Armstead)

[Introduced February 22, 2017;
 Referred to the Committee on Education then Judiciary]

Proposing an amendment to the Constitution of the State of West Virginia amending section one, article twelve, relating to the responsibilities of the Legislature as to education generally; and section five, article twelve, relating to the responsibility of the Legislature to provide for a system of free schools 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 sections one and five of article twelve, be amended to read as follows

ARTICLE XII.  EDUCATION.
§1.  EDUCATION.

Notwithstanding any other provisions of this Constitution, on and after July 1, 2019, the Legislature shall have the exclusive duty to provide, by general law, for a thorough and efficient system of free schools: Provided, That except as herein expressly provided, no action shall lie to challenge the authority of the Legislature in the discharge of such duty, including, but not limited to, the aggregate amount of annual funding for public education and the nature of the instructional programs provided thereby, and: Provided, however, That the foregoing shall not be construed to bar any action based on the plaintiff’s rights to due process and equal protection under the law, both of which are explicitly preserved.

§5.  Support of free schools.

Notwithstanding any other provisions of this Constitution, on and after July 1, 2019, the Legislature shall by general law provide for the support of a thorough and efficient system of public free schools by appropriating thereto the interest of the invested "School Fund," the net proceeds of all forfeitures and fines accruing to this state under the laws thereof and by general taxation: Provided, That on or after such date, the authority of the people of each school district, as provided in Article X of this Constitution, to increase tax levies on property in such district shall be preserved, but shall only be exercised to provide support for the public schools of such district for expenditures which exceed the support provided by the Legislature, and: Provided, however, That the foregoing notwithstanding, on or after such date no school district shall have the authority to levy, without the approval of the voters thereof, any ad valorem tax on property, and: Provided further, That nothing herein shall be construed as affecting in any manner any tax levies authorized pursuant to section ten of Article X of this Constitution and approved prior to the first day of July 2019, which levies are expressly preserved according to their terms of persons and property or otherwise. It shall also provide for raising in each county or district, by the authority of the people thereof, such a proportion of the amount required for the support of free schools therein as shall be prescribed by general laws.

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 "Modern Public Educational Quality and Equity Amendment" and the purpose of the proposed amendment is summarized as follows:  “The purpose of this amendment is to vest the exclusive duty to provide for a thorough and efficient system of free schools in the Legislature; to provide that no action shall lie to challenge the authority of the Legislature in the discharge of such duty except that actions based on the plaintiff’s rights to due process and equal protection under the law are explicitly preserved; to provide that the Legislature shall by general law provide for the support of a thorough and efficient system of public schools by general taxation; that the authority of the people of each school district to increase tax levies on property in such district shall be preserved only to provide support for the public schools of such district for expenditures which exceed the support provided by the Legislature; that no school district shall have the authority to levy, without the approval of the voters thereof, any ad valorem tax on property, and; any tax levies authorized and approved prior to the first day of July 2019 are expressly preserved according to their terms.”

NOTE: The purpose of this resolution is to vest the exclusive duty to provide for a thorough and efficient system of free schools in the Legislature; to provide that no action shall lie to challenge the authority of the Legislature in the discharge of such duty except that actions based on the plaintiff’s rights to due process and equal protection under the law are explicitly preserved; to provide that the Legislature shall by general law provide for the support of a thorough and efficient system of public schools by general taxation; that the authority of the people of each school district to increase tax levies on property in such district shall be preserved only to provide support for the public schools of such district for expenditures which exceed the support provided by the Legislature; that no school district shall have the authority to levy, without the approval of the voters thereof, any ad valorem tax on property, and; any tax levies authorized and approved prior to the first day of July 2019 are expressly preserved according to their terms.

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