HOUSE JOINT RESOLUTION NO. 35
(By Delegates Kump, Romine and Rowan)
[Introduced March 21, 2013; referred to the committee on
Constitutional Revision then Education then the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section two, article XII thereof, relating
to election of State Board of Education members; 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 2014, which proposed amendment is that section 2, article
XII thereof be amended, to read as follows:
ARTICLE XII. EDUCATION.
§2. Supervision of free schools.
(a) 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 Beginning with the
general election of 2014, board members shall be elected on a
nonpartisan ballot at regularly scheduled general elections. Board
members shall be elected from the state's congressional districts.
The Legislature shall provide by law for election of board members.
(b) In addition to the general qualifications otherwise
required by the Constitution, the Legislature may require other
specific qualifications for membership on the board. No A member
of the board, once elected, 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
in accordance with section nine, article four of this Constitution.
____(c) No person is eligible for membership on the state board
who is a member of any political party executive committee, holds any other public office or public employment under the federal
government or under the government of this state or any of its
political subdivisions, or who is an appointee or employee of the
board.
____(d) 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 or she 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.
(e) 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, 1931,
as amended, such proposed amendment is hereby numbered "Amendment
No. 1" and designated as the "Nonpartisan Election of the State
Board of Education Amendment" and the purpose of the proposed
amendment is summarized as follows: "The purpose of this amendment
is to require the nonpartisan election of members of the State
Board of Education in general elections."
NOTE: The purpose of this resolution is to require the
nonpartisan election of members of the State Board of Education in
general elections.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.