HOUSE JOINT RESOLUTION 19
(By Delegate Mezzatesta)
(Introduced March 26, 1997; 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 requiring legislative review and approval of
educational policies; 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-eight,
which proposed amendment is that section two, article twelve
thereof be amended, to read as follows:
ARTICLE XII. EDUCATION.
§2. Supervision of free schools.
Subject to legislative oversight as provided in this
section, the general supervision of the free schools of the State
shall be is vested in the West Virginia board of education, which
shall perform such the duties as may be prescribed to it by law.
The board shall consist consists 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 are for terms of one, two, three,
four, five, six, seven, eight and nine years, respectively. No
more than five members of the board shall may 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 state superintendent is the chief school officer of the State
and shall have such has those powers and shall perform such those
duties as that may be prescribed by law.
The state superintendent of free schools shall be is a
member of the board of public works. as provided by subsection
B, section fifty-one, article six of this Constitution.
Before the state board of education or the state
superintendent of schools may implement any educational policy
having statewide application, the policy shall be reviewed and
approved by the legislative oversight commission on education
accountability or similar body, as the Legislature may by law
provide.
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 Accountability Amendment" and the purpose of the
proposed amendment is summarized as follows: "The purpose of
this amendment is to require that before the state board of
education or the state superintendent of schools may implement
any educational policy having statewide impact, the policy must
first be reviewed and approved by the legislative oversight
commission on education accountability."
NOTE: The purpose of this joint resolution is to propose an
amendment to the West Virginia Constitution requiring that before
the state Board of Education or the State Superintendent of
Schools may implement any educational policy having statewide
application, the policy must first be reviewed and approved by
the Legislative Oversight Commission on Education Accountability.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.