H. B. 2224
(By Delegates Adkins and Talbott, By Request)
[Introduced January 25, 1995; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section one-a, article five, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the election of
county school board members.
Be it enacted by the Legislature of West Virginia:
That section one-a, article five, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-1a. Eligibility of members.
No person shall be eligible for membership on any county
board who is not a citizen, resident in such county, or who
accepts a position as teacher or service personnel in the school
district in which he or she is a resident or who is an elected or
an appointed member of any political party executive committee, or who becomes a candidate for any other office than to succeed
oneself.
No member or member-elect of any board shall be eligible for
nomination, election or appointment to any public office, other
than to succeed oneself, or for election or appointment as a
member of any political party executive committee, unless and
until after that membership on the board, or his or her status as
member-elect to the board, has been terminated at or before the
time of his or her filing for such nomination for, or appointment
to, such public office or committee except that a board member
may in his or her last year of office be eligible for nomination
or election to any public office.
Any person who is elected or appointed to a county board on
or after the fifth day of May, one thousand nine hundred
ninety-two, shall possess at least a high school diploma or a
general educational development (GED) diploma: Provided, That
this provision shall not apply to members or members-elect who
have taken office prior to the fifth day of May, one thousand
nine hundred ninety-two, and who serve continuously therefrom.
No person elected to a county board after the first day of
July, one thousand nine hundred ninety, shall assume the duties
of board member unless he or she has first attended and completed a course of orientation relating to boardsmanship and governance
effectiveness which shall be given between the date of election
and the beginning of the member's term of office: Provided, That
a portion or portions of subsequent training such as that offered
in orientation may be provided to members after they have
commenced their term of office: Provided, however, That
attendance at the session of orientation given between the date
of election and the beginning of the member's term of office
shall permit such member or members to assume the duties of board
member, as specified in this section. Members appointed to the
board shall attend and complete the next such course offered
following their appointment: Provided further, That the
provisions of this section relating to orientation shall not
apply to members who have taken office prior to the first day of
July, one thousand nine hundred eighty-eight, and who serve
continuously therefrom.
Commencing on the effective date of this section, members
shall annually receive seven clock hours of training in areas
relating to boardsmanship and governance effectiveness. Such
orientation and training shall be approved by the state board
and conducted by the West Virginia school board association or
other organization or organizations approved by the state board. Failure to attend and complete such an approved course of
orientation and training relating to boardsmanship and governance
effectiveness without good cause as determined by legislative
rules of the state board shall constitute neglect of duty.
In the final year of any four-year term of office, a member
shall satisfy the annual training requirement before the first
day of January. The state board shall petition the circuit court
of Kanawha County to remove any county board member who has
failed to or who refuses to attend and complete the approved
course of orientation and training. If the county board member
fails to show good cause for not attending the approved course of
orientation and training, the court shall remove the member from
office.
NOTE: The purpose of this bill is to allow county school
board members to run for public office during the last year of
the term of office.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.