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HJR 29

Amendment to Clarify WV Board of Education duties and authority

2026 Regular Session Introduced by Corby Dillon and 4 co-sponsors

Clarifies that the WV Board of Education has general supervision of free schools and may perform only duties prescribed by law.

To House Education
#education(k12)
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WeVote Research Nonpartisan
Bill Summary · HJR 29

Overview

HJR 29 (2026) proposes a constitutional amendment in West Virginia to clarify the duties and authority of the West Virginia Board of Education. The measure would place the proposed amendment on the 2026 general election ballot for voter ratification or rejection.

Primary purpose

  • To clarify the duties and authority of the West Virginia Board of Education (WVBOE) as it relates to the supervision of free schools in the state.
  • The amendment aims to specify the scope of the WVBOE’s powers and responsibilities, as determined by law.

Key provisions

  • Amends Article XII, Section 2 of the West Virginia Constitution. The section would be revised to state that:
    • The general supervision of the free schools of the State under the law shall be vested in the WVBOE.
    • The WVBOE shall perform only those duties prescribed by law.
  • WVBOE composition:
    • The board shall consist of nine members appointed by the Governor with the advice and consent of the Senate.
    • Members serve overlapping nine-year terms, with initial terms ranging from one to nine years to establish the staggered appointment cycle.
    • No more than five members may belong to the same political party.
    • In addition to general constitutional qualifications, the Legislature may require other specific qualifications for membership.
  • Removal provisions:
    • No member may be removed by the Governor except for official misconduct, incompetence, neglect of duty, or gross immorality.
    • Removal would follow the same legal procedures as the removal of state elective officers.

Who is affected

  • Voters: The amendment would be placed on the ballot for the 2026 general election, allowing voters to ratify or reject it.
  • WVBOE: The composition, appointment process, term structure, qualification standards, and removal rules for board members would be governed by the amended constitutional provision, with the actual duties and authority further defined by statute.
  • State stakeholders in education: School administrators, teachers, and other education stakeholders would operate under the clarified framework as defined by the amended constitution and subsequent laws.

Procedural and timeline notes

  • Introduced: January 29, 2026.
  • Referral: Education Committee, then Judiciary Committee.
  • The amendment requires approval by two-thirds of the members elected in each house to be placed on the 2026 general election ballot for ratification.
  • If approved by voters in 2026, the amendment would become part of the WV Constitution.

Practical implications

  • The measure focuses on clarifying the constitutional framework governing WVBOE duties and authority, potentially reducing ambiguity in governance and ensuring that board actions are constrained to duties codified by law.
  • By setting term lengths and party diversity limits, the amendment seeks to promote continuity and nonpartisan governance, while preserving legislative ability to establish specific qualifications through statute.
  • The exact delineation of duties would still rely on subsequent laws to specify which duties are enforceable under the constitutional standard of “prescribe by law.”

Compiled from official sources — confirm details with the bill’s official record.

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