Senate Bill No. 709
(By Senator Fanning)
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[Introduced February 23, 1998;
referred to the Committee on Education.]
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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 eligibility of
members of county boards of education; and permitting persons
who are candidates for or who hold a municipal office to serve
as members of county boards of education.
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
other than a municipal office or
other than to succeed oneself
as a member of the board.
No member or member-elect of any board shall be eligible for
nomination, election or appointment to any public office, other
than
a municipal office or to succeed oneself
as a member of the
board, 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 status as member-elect to the board, has been
terminated at or before the time of his filing for such nomination
for, or appointment to, such public office or committee.
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 provide that persons who
are candidates for or who hold a municipal office are eligible to
serve as members of county boards of education.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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