HOUSE CONCURRENT RESOLUTION 104

(By Delegates Ambler, Duke, Evans, Hamrick, Kelly, Rohrbach, Romine, Rowan, Wagner, Ellington Campbell, Hicks, Hornbuckle, Moye, Perdue, Perry, Rodighiero, Cooper, and Espinosa)

[Originating in the Committee on Education; Introduced March 7, 2016]

Requesting that the Joint Committee on Government and Finance study the composition, qualifications, terms and duties of the State Board of Education, including the need for any constitutional amendments to clarify the scope of its authority.

Whereas, Section one, article XII of the Constitution of the State of West Virginia imposes a duty upon the Legislature, as a separate but equal branch of government, to provide, by general law, for a thorough and efficient system of free schools; and

Whereas, Section two, article XII of the Constitution of the State of West Virginia vests the general supervision of the free schools with the West Virginia board of education; and

Whereas, Section two, article XII of the Constitution of the State of West Virginia requires the Legislature to prescribe by law the duties of the state board in the general supervision of free public schools; and

Whereas, the state board is not elected by the citizens of West Virginia; and

Whereas, the state board members serve nine year terms upon appointment by the Governor; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the composition, qualifications, terms and duties of the state board of education, including, but not limited to, how education in other states is administered at the state level; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2017, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, prepare a report and draft necessary legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.