SB633 SFA GRADY #1 2-10
Hager 7871
Senators Grady and Woodrum moved to amend the bill on pages 3 through 8, by striking out all of section 2 and inserting in lieu thereof a new section 2, to read as follows:
(a) Effective July 1, 2001, there is created the West Virginia commission on holocaust education.
(b) The commission is composed of eleven members: Two members currently serving on the state Board of Education, selected by the board; the state Superintendent of Schools or his or her designee; the director of the division of veterans' affairs; one attorney from the Attorney General's office, civil rights division; one teacher who has completed professional development related to holocaust education teaching at the high-school level and one teacher who has completed professional development related to holocaust education teaching at the junior-high or middle-school level, each appointed by the Governor with the advice and consent of the Senate; and four state residents, appointed by the Governor, with the advice and consent of the Senate, who shall be: Individuals who are holocaust scholars or individuals experienced in the field of holocaust education or survivors, second generation, eye-witness/liberators or individuals recommended by the chair of the present holocaust education commission, created by executive order, who, by virtue of their interest, education or long-term involvement in human rights, prejudice reduction and holocaust education have demonstrated, through their past commitment and cooperation with the existing holocaust commission on education, their willingness to work for holocaust awareness and education in West Virginia.
(c) Members of the commission shall be appointed for terms of three years or until their prospective successors are appointed and qualified. Members are eligible for reappointment. Any member of the commission who fails to attend more than two consecutive meetings without an excuse approved by the commission may be removed from the commission. All vacancies shall be filled by appointment in the same manner as the original appointment and the individual appointed to fill the vacancy serves for the remainder of the unexpired term.
(d) The Governor shall appoint a chairperson for the commission for a term of three years and until his or her successor is appointed and qualified.
(e) The Speaker of the House of Delegates shall appoint a member of the House of Delegates and the President of the Senate shall appoint a member of the Senate to serve as advisors to the commission.
(f) Members of the commission are not entitled to compensation for services performed as members but may be reimbursed for actual and necessary expenses incurred for each day engaged in the performance of their official commission duties in a manner consistent with the guidelines of the travel management office of the Department of Administration.
(a) Continuation. — The West Virginia Commission on Holocaust Education is hereby continued and reconstituted as provided in this article.
(b) For the purposes of this article:
(1) "Holocaust education" means instruction concerning the historical events, causes, consequences, and enduring lessons of the Holocaust, including antisemitism, totalitarianism, dehumanization, and the moral responsibilities of individuals and societies;
(2) "Supplemental historical context" means limited instructional reference to other acts of mass violence or human rights abuses used solely to enhance understanding of the Holocaust and shall not be construed to equate or substitute such events for the Holocaust; and
(3) "Nationally recognized Holocaust education standards" means instructional frameworks or scholarly resources developed by institutions such as the United States Holocaust Memorial Museum, Yad Vashem, the Shoah Foundation, or equivalent authorities.
(c) Membership. — The commission shall be composed of the following members:
(1) The West Virginia Department of Education Social Studies Coordinator (Grades 6-12), who shall serve as an ex officio voting member;
(2) The West Virginia Department of Education English and Language Arts Coordinator (Grades 6-12), who shall serve as an ex officio voting member;
(3) The West Virginia Department of Education Fine Arts Coordinator (Grades 6-12), who shall serve as an ex officio voting member;
(4) One middle school educator with documented training in Holocaust education, appointed by the West Virginia Council for Social Studies and who shall serve as a voting member;
(5) Two high school educators with documented training in Holocaust education, appointed by the West Virginia Council for Social Studies and who shall serve as voting members;
(6) One representative of higher education, appointed by the Higher Education Policy Commission and who shall serve as a voting member;
(7) One representative of a national Jewish educational or civil-rights organization with expertise in Holocaust education or antisemitism, appointed by that organization and who shall serve as a voting member;
(8) One national recognized Holocaust scholar or educator, appointed by a national Holocaust education institution and who shall serve as a voting member;
(9) One public member with expertise in history, ethics, military service, human rights, or civic education, appointed by the Governor and who shall serve as a voting member;
(10) One public member appointed jointly by the President of the Senate and the Speaker of the House of Delegates and who shall serve as a voting member;
(11) Up to two additional members when necessary to advance the mission of the Holocaust education or preserve historical integrity, appointed by the commission and who shall serve as voting members;
(12) One representative of a recognized Jewish community organization in West Virginia, appointed jointly by Jewish congregations or community bodies operating in the state and who shall serve as an advisory nonvoting member;
(13) One representative with experience in civil-rights enforcement or hate-crimes prevention, appointed by the Attorney General from within the Civil Rights Division and who shall serve as an advisory nonvoting member;
(14) One representative of a statewide interfaith or civil-rights council, selected by that council and who shall serve as an advisory nonvoting member; and
(15) Any number of non-voting advisory members appointed by the commission as it considers appropriate in carrying out its mission.
(d) The following applies to the appointed voting members other than the commission appointed voting members which includes members appointed pursuant to §5-28-2(c)(4), §5-28-2(c)(5), §5-28-2(c)(6), §5-28-2(c)(7), §5-28-2(c)(8), §5-28-2(c)(9), and §5-28-2(c)(10):
(1) These members shall serve four-year terms beginning July 1, 2026, subject to the following:
(A) The initial appointments of the middle school educator appointed member pursuant to §5-28-2(4), one of the two high school educator members appointed pursuant to §5-28-2(5), the higher education representative member appointed pursuant to §5-28-2(6), and the representative of a national Jewish educational or civil-rights organization with expertise in Holocaust education or antisemitism appointed pursuant to §5-28-2(7) shall be for two-year terms; and
(B) The West Virginia Council for Social Studies shall determine which of the two high school educator members is to have the initial two-year term;
(2) These members may serve no more than two consecutive terms;
(3) Vacancies of these members shall be filled by the original appointing authority for the unexpired term; and
(4) These members shall serve until successors are appointed and qualified.
(e) The following applies to commission-appointed voting members appointed pursuant to §5-28-2(10):
(1) Any appointment by the commission of these members shall require a two-thirds vote of the full voting membership of the commission;
(2) These members shall serve four-year terms: Provided, That if the commission appoints two additional voting members, the commission shall establish the initial terms so that one new appointment is made every two years;
(3) These members may serve no more than two consecutive terms;
(4) Vacancies of these members shall be filled by the commission for the unexpired term;
(5) These members may be removed only by a two-thirds vote of the full voting membership; and
(6) At no time may the number of commission-appointed voting members exceed two.
(f) Except as otherwise limited by this subsection, the following applies to non-voting advisory members appointed pursuant to §5-28-2(12), §5-28-2(13), §5-28-2(14), and §5-28-2(15):
(1) Those advisory members appointed pursuant to §5-28-2(c)(15) may include, but are not limited to, Holocaust scholars, educators, survivors or descendants when available, representatives of community or faith-based organizations, and high school, undergraduate, or graduate students;
(2) The advisory members appointed pursuant to §5-28-2(c)(12), §5-28-2(c)(13), and §5-28-2(c)(14) shall serve one-year terms, beginning July 1, 2026, and may be reappointed for one consecutive additional term. Any advisory members appointed pursuant to §5-28-2(c)(15) shall serve at the will and pleasure of the commission;
(3) Nothing in this subsection prohibits the reappointment of a former advisory member after a break in service or upon a change in educational status or professional role. Service in one advisory capacity does not preclude later service in another;
(4) Vacancies of advisory members shall be filled by the original appointing authority for the unexpired term;
(5) Advisory members appointed pursuant to §5-28-2(c)(12), §5-28-2(c)(13), and §5-28-2(c)(14) shall serve until successors are appointed and qualified;
(6) Advisory members shall have no voting authority and shall not be counted toward quorum; and
(7) The commission may establish additional advisory member guidelines by internal policy: Provided, That the commission may not confer voting authority to any advisory members.
(g) The commission shall elect a chair and vice chair from among its voting members for two-year terms.
(h) A majority of voting members constitutes a quorum.
(i) Action of the commission requires a majority vote of members present.
(j) Meetings, minutes, and official guidance shall be publicly available pursuant to 6-9A-1 et seq. and §29B-1-1 et seq., unless otherwise exempt by law.
(k) Members shall serve without compensation but may be reimbursed for actual and necessary expenses.
Adopted
Rejected