WEST virginia legislature
2025 regular session
Introduced
House Joint Resolution 36
By Delegates Dillon, Masters, T. Howell, and Ridenour
[March 7, 2025; Referredto the Committee on Education then Judiciary ]
Proposing an amendment to the Constitution of the State of West Virginia, amending section two, article XII thereof, relating to clarifying the West Virginia Board of Education duties and authority; 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 article XII, section two thereof be amended to read as follows:
ARTICLE XII.
12-2. Supervision of free schools.
The general supervision of the free schools of the State under the law shall be vested in the West Virginia Board of Education which shall perform only such duties as may shall 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.
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 "Clarification of West Virginia Board of Education Duties and Authority" and the purpose of the proposed amendment is summarized as follows: "To clarify the duties and authority of the West Virginia Board of Education."
NOTE: The purpose of this resolution is to propose an amendment to section two, article XII of the Constitution to clarifying the duties and authorities of the West Virginia Board of Education. The amendment is designated "Clarification of West Virginia Board of Education Duties and Authority."
Strike-throughs indicate language that would be stricken from a heading of the present law and underscoring indicates new language that would be added.