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HJR 25

Constitutional amendment to make the state superintendent of schools, a constitutional officer position, elected by the people

2026 Regular Session Introduced by Corby Dillon and 1 co-sponsor

The measure would elect the West Virginia state superintendent of free schools by voters in the general election every four years, instead of by board appointment.

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Bill Summary · HJR 25

Bill Overview

  • Bill: HJR 25 (House Joint Resolution 25)
  • Session: 2026 (West Virginia)
  • Jurisdiction: West Virginia
  • Purpose: Proposed constitutional amendment to elect the state superintendent of free schools (state superintendent) by voters in the general election, rather than appointment by the West Virginia Board of Education.

Main Purpose and Intent

  • To amend the West Virginia Constitution to establish the election of the state superintendent of free schools by the general electorate every four years, during the statewide general election.
  • The state superintendent would serve as the chief school officer of the state and be selected by the West Virginia Board of Education, but under this amendment, the superintendent would be elected by the people.

Key Provisions and Changes

  • Structural changes to the Board of Education:
    • The Board of Education remains the body responsible for general supervision of free schools and for selecting the state superintendent, but the superintendent’s selection and tenure would be governed by an electoral process rather than appointment alone.
  • Election-and-tenure framework:
    • The state superintendent of free schools shall be elected every four years during the general election.
    • The superintendent would serve at the board’s will and pleasure (i.e., tenure subject to the board’s oversight and removal as provided by law).
  • Board composition and qualifications (unchanged in substance by text of the resolution):
    • Board of Education shall have nine members appointed by the governor with advice and consent of the Senate, for overlapping nine-year terms (initial terms set as 1 through 9 years to establish staggered appointments).
    • Conditions regarding political party representation (no more than five members of the same political party) and removal standards remain specified for board members.
  • Relationship to other offices:
    • The state superintendent would be a member of the Board of Public Works, as provided by the Constitution.
  • Legislative framing:
    • The resolution includes a summarized purpose statement: “To amend the State Constitution to provide for the election of the state superintendent in the general election.”

Who/What Would Be Affected

  • Primary change: How the state superintendent of free schools is chosen (from a board-selected appointment to a public election).
  • Statewide impact: Voters would directly elect the chief school officer every four years.
  • Government structure: The Board of Education’s role in selecting the superintendent remains, but the elected status would place the superintendent under electoral accountability.
  • State finances and governance: Potential implications for budget, personnel, and governance when the superintendent’s accountability is to voters.

Procedural and Timeline Highlights

  • Legislative route: Introduced in the House by Delegates Dillon and Kump; referred to the Committee on Education, then Judiciary.
  • Introduction date: January 22, 2026.
  • Next steps (as indicated by the resolution): If approved by two-thirds of both houses, the question would be placed before voters at the next general election in 2026 for ratification or rejection.
  • Designation: The amendment is proposed as “Amendment No. 1” and labeled the “State Superintendent General Election Amendment.”

Notes for Readers

  • This is a constitutional amendment proposal. If enacted, it would alter the method of selecting the state superintendent but would not automatically change powers or duties beyond what is defined by law and by the constitutional framework.
  • The exact mechanics (e.g., transition provisions, terms for the first elected superintendent, and any interim appointments) would be further defined in accompanying laws if the amendment is ratified.

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

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