HOUSE JOINT RESOLUTION NO. 21
(By Delegate Beach)
(Introduced February 21, 1995; referred to the
Committee on Constitutional Revision.)
Proposing an amendment to the Constitution of the State of West
Virginia, amending section two, article twelve thereof,
relating to providing that the state superintendent of free
schools and the members of the West Virginia board of
education shall be elected at the time and in the same
manner as prescribed by law for the Governor, and that the
state superintendent of free schools and the members of the
West Virginia board of education shall be elected for a term
of four years; 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 one thousand nine hundred ninety-six,
which proposed amendment is that section two, article twelve
thereof be amended, 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. 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 elected at the same time and in the
same manner as prescribed by law for the governor, and shall
serve for a term of four years. 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. The state
superintendent of free schools shall be elected at the same time
and in the same manner as prescribed by law for the governor, and
shall serve for a term of four years. 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, one
thousand nine hundred thirty-one, as amended, such proposed
amendment is hereby numbered "Amendment No. 1" and designated as
the "Require State Superintendent of Free Schools and the members
of the West Virginia Board of Education to be elected and serve
four year terms amendment," and the purpose of the proposed
amendment is summarized as follows: "To amend section two,
article twelve of the State Constitution to require that the
State Superintendent of Free Schools and the members of the West
Virginia Board of Education be elected and serve for terms of
four years."
NOTE: The purpose of this resolution is to provide that the
state superintendent of free schools and the members of the West
Virginia Board of Education shall be elected at the same time and
in the same manner as prescribed by law for the Governor, and
that the state superintendent of free schools and the members of
the West Virginia Board of Education shall serve for a term of
four years.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.