Bill Text: WV SJR6 | 2020 | Regular Session | Introduced
Bill Title: Supervision of Free Schools Modification Amendment
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2020-01-20 - To Judiciary [SJR6 Detail]
Download: West_Virginia-2020-SJR6-Introduced.html
WEST virginia legislature
2020 regular session
Introduced
Senate Joint Resolution 6
By Senator Rucker
[Introduced January 20,
2020; referred
to the Committee on the Judiciary; and then to the Committee on Finance]
Proposing an amendment to the Constitution of the State of West Virginia, amending section two, article XII thereof, relating to supervision of free schools; clarifying that the general supervisory authority of the State Board of Education is subject to legislative enactments; allowing the board to promulgate rules; requiring rules to be submitted to the Legislature for its review and approval, amendment, or rejection; 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 2020, which proposed amendment is that section two, article XII thereof, be amended to read as follows:
ARTICLE XII. EDUCATION.
§2. Supervision of Free Schools.
Subject to enactments of
the Legislature, The 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. In the performance of its supervisory duties, the West
Virginia Board of Education may promulgate rules which shall be submitted to
the Legislature for its review and approval, amendment, or rejection, in whole
or in part, in the manner prescribed by general 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 a
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 are
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 51, article VI 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 amendment is hereby numbered “Amendment No. 1” and designated as the “Supervision of Free Schools Modification Amendment” and the purpose of the proposed amendment is summarized as follows: “Clarify that the general supervisory authority of the State Board of Education, including its rules, is subject to legislative enactments”.
NOTE: The purpose of this resolution is to clarify the general supervisory authority of the State Board of Education.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
