Bill Text: WV SJR7 | 2025 | Regular Session | Introduced
Bill Title: WV Educational Governance Accountability Amendment
Sponsorship: Partisan Bill (Republican 4)
Status: (Introduced - Dead) 2025-02-14 - To Judiciary [SJR7 Detail]
Download: West_Virginia-2025-SJR7-Introduced.html
WEST virginia legislature
2025 regular session
Introduced
Senate Joint Resolution 7
By Senators Rose and Thorne
[Introduced February 14, 2025; 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, article XII, section 2, relating to legislative review and approval of education policies; 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 2026, 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 the provisions of this section, 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 the 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 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 state superintendent of free schools who shall serve at its will and pleasure. He 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.
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.
All rules or policies promulgated by the West Virginia board of education shall be subject to legislative approval as follows:
(1) Before proposing any rules or policies to the legislature, the board shall conduct a public hearing to provide citizens an opportunity to comment on the proposed rules or policies;
(2) Following a public hearing, the board shall submit proposed rules or policies to the legislature for review within 30 days of their adoption by the board;
(3) The legislature shall, during its regular session or any special session called for this purpose, review these proposed rules or policies;
(3) The legislature may adopt, amend, or reject such rules or policies by a majority vote in both houses. If no action is taken within 60 days of the start of the next legislative session following the board's submission, the proposed rule or policy shall be deemed approved;
(4) In cases of emergency, the West Virginia board of education may implement rules or policies on a temporary basis, but these must be submitted to the legislature for review at the next legislative session.
All legislative actions regarding rules or policies proposed by the West Virginia board of education shall be recorded, and the rationale for any changes or rejections shall be documented and available to the public.
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 1" and designated as the "West Virginia Educational Governance Accountability Amendment" and the purpose of the proposed amendment is to ensure legislative oversight on educational policies.
NOTE: The purpose of this resolution is to ensure legislative oversight on educational policies while still allowing for the State Board of Education to function. However, it would need to navigate potential legal challenges regarding the separation of powers, the independence of educational governance, and the potential for politicization of educational policy. The public's perception of legislative involvement in education will also be crucial in whether such an amendment would pass.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
