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West Virginia Board of Education Membership Amendment (2016)

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West Virginia Board of Education Membership Amendment
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Election date
November 8, 2016
Topic
Education
Status
Not on the ballot
Type
Constitutional amendment
Origin
State legislature

The West Virginia Board of Education Membership Amendment was not put on the November 8, 2016 ballot in West Virginia as a legislatively referred constitutional amendment. The measure, upon voter approval, would have composed the Board of Education with a number of elected members set by statute from each congressional district plus three members appointed by the West Virginia Governor. The total number of members on the board would not have been lower than six or more than eight. Elected members would have had staggered six-year terms. Elections would have been nonpartisan.[1]

Text of measure

Ballot title

The proposed ballot title was:[1]

School Board Election Amendment[2]

Ballot summary

The proposed ballot summary was:[1]

The purpose of this amendment is to increase accountability for the implementation of education policies affecting West Virginia children by reforming the West Virginia Board of Education so that a majority of the members are elected based on their congressional district, and three members are appointed by the Governor.[2]

Constitutional changes

See also: Article XII, West Virginia Constitution

The proposed amendment was designed to amend Section 2 of Article XII of the West Virginia Constitution. The following struck-through text would have been deleted and the underlined text would have been added by the proposed measure's approval:[1]

The general supervision of the free public 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. 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, an equal number of members, with the total number set by general law, residing in each congressional district, along with three additional members appointed by the Governor, by and with the advice and consent of the Senate. The number of members elected to the board may not number fewer than six or more that eight. Elected members shall be elected to staggered six year terms, as determined by general law. Elections shall be held on a nonpartisan basis. 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 Public 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 prescribed by law.

The State Superintendent of free Public Schools shall be a member of the Board of Public Works as provided by subsection (b), section fifty-one, article six of this Constitution.[2]

Path to the ballot

See also: Amending the West Virginia Constitution

The amendment needed to be approved by a two-thirds (66.67%) vote in both chambers of the West Virginia Legislature in order to appear on a ballot.

The West Virginia Legislature's 2015 session ended on March 15, 2015, without the bill passing both chambers. Legislators had the opportunity to reintroduce the bill during the 2016 legislative session, which was projected to begin on January 13, 2016, and run through March 12, 2016.

See also

External links

Footnotes

  1. 1.0 1.1 1.2 1.3 West Virginia Legislature, "Senate Joint Resolution 1," accessed February 25, 2015
  2. 2.0 2.1 2.2 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