West Virginia Amendment 4, Legislative Approval of the State Board of Education Rules Measure (2022)
| West Virginia Amendment 4 | |
|---|---|
 | |
| Election date November 8, 2022 | |
| Topic Education | |
Status Defeated | |
| Type Constitutional amendment | Origin State legislature |
West Virginia Amendment 2, the Legislative Approval of the State Board of Education Rules Amendment, was on the ballot in West Virginia as a legislatively referred constitutional amendment on November 8, 2022.[1] The measure was defeated.
A "yes" vote supported requiring the State Board of Education to submit its rules or policies to the legislature to approve, amend, or repeal. |
A "no" vote opposed this amendment to require the State Board of Education to submit its rules and policies to the legislature to approve, amend, or reject. |
Election results
|
West Virginia Amendment 4 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 200,791 | 42.14% | ||
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275,683 | 57.86% | ||
Overview
How would this amendment have changed the legislature's authority over the board of education?
- See also: Constitutional changes
As of 2022, the constitution stated that "the general supervision of the free schools of the State shall be vested in the West Virginia board of education." It also stated that the board shall perform "such duties as may be prescribed by law." This amendment would have added that the board's authority over general supervision of public education is subject to a requirement that its rules and policies must be submitted to the legislature for review and approval, amendment, or rejection according to a process determined by the legislature by law.[1]
What is the West Virginia State Board of Education?
- See also: Background
The State Board of Education is a nine-member board with nine-year terms. Members are appointed by the governor and confirmed by the state Senate. Not more than five members can belong to the same political party. There are also three non-voting, ex-officio members of the board: the state superintendent of schools, the chancellor of the West Virginia Higher Education Policy Commission, and the chancellor of Community and Technical College Education. The board sets rules and policies governing the public school education system and county boards of education.[1]
Who supported and opposed this amendment?
- See also: Support and Opposition
State Rep. Paul Espinosa (R) was the lead sponsor of the amendment in the legislature, and Senate Education Committee Chair Patricia Rucker (R) endorsed it. State Sen. Charles Trump (R-15) said, "The laws and rules under which we have to live in a free society must be crafted ultimately by people who are accountable to the citizens of our state through our elections and our state board [of education] is not."[2]
The West Virginia Board of Education, Board of Education President Miller Hall, and West Virginia Superintendent of Schools W. Clayton Burch oppose the amendment. Miller Hall said of an identical 2021 proposal, "The learning is going to be inconsistent, it's going to be inconsistent when you have a Legislature that changes every two years. Where is the consistency?" Hall also said, "To add another layer of politics, I don't think it's good; I don't think that's a good move."[3][4]
Text of measure
Ballot title
The ballot title was as follows:[1]
| “ |
Education Accountability Amendment The purpose of this amendment is to clarify that the rules and policies promulgated by the State Board of Education, are subject to legislative review, approval, amendment, or rejection.[5] |
” |
Constitutional changes
- See also: Article XII, West Virginia Constitution
The ballot measure would have amended Section 2 of Article XII of the West Virginia Constitution. The following underlined text would have been added, and struck-through text would have been deleted:[1][6]
Note: Hover over the text and scroll to see the full text.
Supervision of Free Schools
Subject to the provisions of this section , The the general supervision of the free schools of the State is shall be vested in the West Virginia board of education which shall perform the such duties as may be prescribed by law. Under its supervisory duties, the West Virginia Board of Education may promulgate rules or policies 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 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 the 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 VI of this Constitution.[5]
Readability score
- See also: Ballot measure readability scores, 2022
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.
The FKGL for the ballot title is grade level 15, and the FRE is 16. The word count for the ballot title is 32.
Support
Supporters
Officials
- Senate Education Committee Chair Patricia Rucker (R)
- State Rep. Paul Espinosa (R)
Arguments
Opposition
Opponents
Officials
- Superintendent of Schools W. Clayton Burch (Nonpartisan)
- State Board of Education President Miller Hall
Government Entities
Arguments
Campaign finance
Ballotpedia did not identify ballot measure committees registered to support or oppose this ballot measure.[7]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Background
West Virginia State Board of Education
The State Board of Education is a nine-member board with nine-year terms. As of 2022, members were appointed by the governor and confirmed by the state Senate. Not more than five members can belong to the same political party. There are also three non-voting, ex-officio members of the board: the state superintendent of schools, the chancellor of the West Virginia Higher Education Policy Commission, and the chancellor of Community and Technical College Education. The board sets rules and policies governing the public school education system and county boards of education.[1]
The legislature created a state Board of Education in 1908 by statute, with members appointed by a popularly elected superintendent of education. From 1908 through 1958, the legislature passed laws changing the structure and responsibilities of the board, until in 1958 provisions governing the board were added to the constitution. Below is a brief timeline of the history of the West Virginia Board of Education:[8]
- 1908: The legislature passed a law establishing a state Board of Education appointed by the elected state superintendent of free schools.[8]
- 1919: The legislature consolidated the existing Board of Regents, Board of Education, and School Book Commission into a seven-member Board of Education governing both public schools and state higher education and transferred the authority to appoint board members from the superintendent to the governor.[8]
- 1946: West Virginia voters rejected a constitutional amendment that would have added the Board of Education into the state constitution and made the superintendent an appointed, rather than an elected, position.[8]
- 1958: West Virginia voters approved a constitutional amendment adding the state Board of Education into the constitution, giving it authority over the "general supervision of the free schools of the State," and making the superintendent a position appointed by the Board of Education rather than an elected position.[8]
- 1969: The Board of Regents, rather than the Board of Education, was made responsible for the governance of higher education.[8][9][10]
West Virginia Board of Education v. Nicholas County Board of Education
On October 10, 2017, the West Virginia Supreme Court issued an opinion in favor of the state board of education regarding a Consolidated Educational Facilities Plan (CEFP) proposed by the Nicholas County Board of Education. The ruling overturned a lower court decision and addressed the state board's authority according to the existing constitutional provisions that this constitutional amendment would change. Specifically, the ruling interpreted the provisions vesting the "general supervision of the free schools of the State" in the state board and that the board shall "perform such duties as may be prescribed by law."[11]
The Circuit Court of Kanawha County had ruled that the state board did not have the authority to reject the county board's CEFP so long as the county complied with the requirements of statute and the state code of regulations.[11]
The supreme court in West Virginia Board of Education v. Nicholas County Board of Education stated,[11]
| “ |
We conclude that the WVBOE is vested with constitutional, statutory, and regulatory authority to exercise its discretion in accepting or rejecting an amended CEFP [...] As to the circuit court’s belief that the “as may be prescribed by law” language of Article XII, section 2 renders the WVBOE powerless in absence of enabling legislation, this Court has unequivocally held that legislative action that impedes the general supervisory powers of the WVBOE is patently unconstitutional. [5] |
” |
Click here to read the full supreme court opinion.
State Boards of Education in the U.S.
As of 2022, every state except Wisconsin had a state board of education. Wisconsin had an elected superintendent of public instruction but not a state board. Including West Virginia, 25 states provided for state boards of education in their constitutions. In the other 24 states, the boards were established in state statute.[12]
As of June 2022, eight education-related statewide measures had been certified for 2022 ballots in seven states. One measure in Arizona was designed to allow in-state tuition for certain non-citizen students. The amendment in West Virginia was designed to give the legislature authority over policies and rules passed by the state board of education. The other measures concern school funding sources, such as taxes, bonds, and permanent fund distributions.
Path to the ballot
- See also: Amending the West Virginia Constitution
In West Virginia, referring a constitutional amendment to the ballot requires a two-thirds vote in both chambers of the West Virginia State Legislature.
In 2021, a version of the constitutional amendment was introduced as House Joint Resolution 1 (HJR 1) and passed the Delegates. The Senate did not approve the proposal before the legislative session adjourned.[13]
In 2022, Del. Paul Espinosa (R-66) introduced a similar constitutional amendment as House Joint Resolution 102 (HJR 102). The House passed the resolution on February 22, 2022, in a vote of 80 to 18, with two absent. On February 28, 2022, the Senate approved the measure with a technical amendment by a vote of 23 to 11, sending HJR 102 back to the House for concurrence. On March 3, 2022, the House concurred by a vote of 74 to 20, with six absent.[6]
The final votes in each chamber were largely along party lines. In the Senate, one Democrat joined 22 Republicans in support, and one Republican joined 10 Democrats in opposition. In the House, one Democrat joined all 73 voting Republicans in support, and the remaining 20 voting Democrats were opposed.
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How to cast a vote
- See also: Voting in West Virginia
Click "Show" to learn more about voter registration, identification requirements, and poll times in West Virginia.
| How to cast a vote in West Virginia | |||||||||
|---|---|---|---|---|---|---|---|---|---|
Poll timesIn West Virginia, all polling places are open from 6:30 a.m. to 7:30 p.m. Eastern Time. A voter who is in line at the time polls close must still be permitted to vote.[14] Registration requirements
To vote in West Virginia, an individual must be a citizen of the United States, a resident of West Virginia, and at least 18 years of age by the date of the next general election.[15] The registration deadline is 21 days prior to an election. An individual may register to vote by submitting a form by mail to his or her county clerk's office or the Secretary of State's Office. Registration can be completed online, in person at the county clerk's office, the Secretary of State's office, the Department of Motor Vehicles, any public assistance office, any agency that serves people with disabilities, any marriage license office, or any military recruiting agency.[15] Automatic registration
West Virginia automatically registers eligible individuals to vote through the Department of Motor Vehicles.[16] Online registration
West Virginia has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration
West Virginia does not allow same-day voter registration. Residency requirementsAn individual must have resided in the state for at least 30 days of residency before they may vote. Verification of citizenshipWest Virginia does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury. All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[17] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registrationThe West Virginia Secretary of State's office allows residents to check their voter registration status online by visiting this website. Voter ID requirementsWest Virginia requires voters to present identification while voting. The identification provided must be issued either by the State of West Virginia, or one of its subsidiaries, or by the United States government.[18][19] Signed into law in 2025, HB 3016 established that a document was valid if it:[19]
State law enumerates the following identifications that an individual may use to vote:[19]
Lastly, state law provided for the following exceptions and alternative methods of verifying a voter's identity:[19]
Voters can obtain a free voter ID card at their county clerk’s office.[20] | |||||||||
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 West Virginia State Legislature, "House Joint Resolution 102 Enrolled text," accessed March 3, 2022
- ↑ Charleston Gazette-Mail, "WV Senate passes amended state school board policy takeover bill; proposal goes back to House, setting up final vote," February 22, 2022
- ↑ Charleston Gazette-Mail, "WV school board opposes proposal that would give Legislature final say on education policies," March 10, 2021
- ↑ Charleston Gazette-Mail, "Voters will decide in November who ultimately controls education policy," March 3, 2022
- ↑ 5.0 5.1 5.2 5.3 5.4 5.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 6.0 6.1 West Virginia Legislature, "HJR 102," accessed February 23, 2022
- ↑ West Virginia Campaign Finance Reporting System, "Active 2022 Political Action Committees," accessed April 24, 2022
- ↑ 8.0 8.1 8.2 8.3 8.4 8.5 WV Encyclopedia, "Department of Education," August 7, 2013
- ↑ The Intelligencer, "Think Tank Believes West Virginia Higher Education Institutions Need Autonomy," March 29, 2022
- ↑ Virginia Polytechnic institute and State University, "Restructuring Public Higher Education Governance in West Virginia, 1969 - 1989: A Policy Study," May 1992
- ↑ 11.0 11.1 11.2 West Virginia Courts, "West Virginia Board of Education v. Nicholas County Board of Education," October 10, 2017
- ↑ National Association of State Boards of Education, "State Education Governance Matrix," June 2021
- ↑ West Virginia State Legislature, "Overview HJR 1," accessed February 24, 2021
- ↑ West Virginia Secretary of State, "Elections Frequently Asked Questions (FAQs)," accessed June 30, 2025
- ↑ 15.0 15.1 West Virginia Secretary of State, "Elections Frequently Asked Questions (FAQs)," accessed June 30, 2025
- ↑ NCSL, "State Profiles: Elections," accessed June 30, 2025
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ West Virginia State Legislature, "West Virginia Code, §3-1-34. Voting procedures generally; identification; assistance to voters; voting records; penalties." accessed May 2, 2023
- ↑ 19.0 19.1 19.2 19.3 West Virginia Legislature, "House Bill 3016 (2025)," accessed June 27, 2025
- ↑ West Virginia Secretary of State, "Be Registered and Ready" accessed June 29, 2025
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