SENATE JOINT RESOLUTION NO. 1

(By Senators Bailey, Ross and Sharpe)

[Introduced January 17, 1995; referred to the

Committee on Education.]


Proposing an amendment to the Constitution of the State of West Virginia, amending section two, article twelve thereof, relating to providing that the Legislature with the assistance of the state board of education is responsible for the supervision of the free schools; providing for appointment of the state superintendent of free schools; 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 Legislature. A state board of education shall be established to assist the Legislature. 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 governor shall select the state superintendent of free schools, by and with the advice and consent of the Senate, who shall serve at the will and pleasure of the governor. The superintendent 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 VI 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 "Education Reform Amendment" and the purpose of the proposed amendment is summarized as follows: "To provide that the Legislature with the assistance of the state board of education is responsible for the supervision of the free schools."


NOTE: The purpose of this resolution is to empower the governor to appoint the state superintendent of schools, subject to Senate confirmation, and to make the Legislature responsible for the supervision of the free schools.

This section was completely rewritten, therefore, no underlining or strike-throughs are shown.