HOUSE JOINT RESOLUTION NO. 3
(By Delegate Gillespie)
(Introduced February 20, 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 education; and providing for the election of
members of the state board of education, one each from the
state senatorial districts, beginning with the general
election in the year two thousand; 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 and reenacted, 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. 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.
Beginning with the general election in the year two
thousand, and every four years thereafter, the members of the
state board of education shall be elected. Effective the first
day of July, two thousand, the state board of education shall
consist of seventeen members, one each elected from each state
senatorial district for a term of four years. If the term of a
present member of the state board has not expired, that member
may continue to serve on the state board until the end of that
member's term. The vacancy created by the expiration of that
member's term shall be filled by election at the next general
election.
The powers and duties of the state board remain the same as
provided in this article, and except for the change in the number
of board members and how the board is elected, no other change is
intended by this amendment.
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 "Modern State Board of Education Amendment" and the purpose of the proposed amendment is summarized as follows: "The purpose
of this amendment is to provide for the election of the members
of the state board of education, every four years, one each from
the state's senatorial districts."
NOTE: This Joint Resolution provides for an amendment to
the state constitution providing for the election of members of
the State Board of Education from the state senatorial districts,
beginning with the general election in the year 2000.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.