WEST virginia legislature

2016 regular session

Introduced

House Joint Resolution 43

By Delegates Lane, Sobonya, Miller, Espinosa and Duke

[Introduced ; Referred
to the Committee on Education then to the Judiciary]

Proposing an amendment to the Constitution of the State of West Virginia amending section two of Article X thereof, relating to establishing legislative review, amendment, disapproval, or approval, of the actions of the State Board of Education.

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 2016, which proposed amendment is that section two, Article XII thereof be amended to read as follows:

ARTICLE XII.

§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. Such general supervision, including policies and rules promulgated by the West Virginia Board of Education, shall be subject to review, amendment, disapproval or approval by the Legislature in a manner to 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, 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 “Citizens' Education Accountability Amendment” amendment and the purpose of the proposed amendment is summarized as follows:  “For the establishment of legislative review, amendment, disapproval, or approval, of the actions of the State Board of Education“

NOTE: The purpose of this resolution is to provide for the establishment of legislative review, amendment, disapproval, or approval, of the actions of the State 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.