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Bill

HJR 9

To amend the West Virginia Constitution to create nine seperate districts for the members of the West Virginia Board of Education.

2026 Regular Session Introduced by Larry Kump

HJR 9 would create nine district-based WVBE seats linked to county boards, with staggered nine-year terms and a partisan balance limit.

To House Education
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Bill Summary · HJR 9

Overview

  • Bill: House Joint Resolution 9 (HJR 9)
  • Session: 2026, West Virginia
  • Topic: Constitutional amendment to create nine districts for the West Virginia Board of Education (WVBE) and to appoint/elect members accordingly
  • Sponsor: Delegate Kump (with co-sponsor)
  • Status: Introduced January 14, 2026; referred to Education, then Judiciary

Purpose and Intent

  • To amend the West Virginia Constitution (Article XII, Section 2) to authorize the WVBE to divide the state into nine separate districts.
  • Each district would be comprised of one or more county boards of education, and one WVBE member would be elected from each district.
  • The amendment aims to reorganize state-level education governance by creating district-based representation on the WVBE and by establishing timing and process for elections and appointments.

Key Provisions

  • DIVISION OF THE STATE

    • The WVBE would divide the state into nine separate districts.
    • Each district is to be comprised of county boards of education (i.e., the districts are aligned with existing or delineated county-level education governance structures).

  • BOARD COMPOSITION

    • The WVBE would consist of nine members.
    • Each member would be elected from one of the nine districts and would be a member of the county board of education from the district in which they are elected.
    • No more than five members of the WVBE may belong to the same political party (partisan balance constraint).

  • TERMS AND ELECTIONS

    • After the districts are created, the WVBE would establish a date for elections of its members.
    • Initial appointments to the WVBE would be made by the Governor with the advice and consent of the Senate, for overlapping terms of nine years.
    • The initial staggered terms would be 1, 2, 3, 4, 5, 6, 7, 8, and 9 years respectively, to begin the transition.
    • Subsequent terms would be nine years for continuing members (per the plan for staggered terms).

  • QUALIFICATIONS AND REMOVAL

    • In addition to general constitutional qualifications for WVBE members, the Legislature may specify additional qualifications.
    • Removal by the Governor would require official misconduct, incompetence, neglect of duty, or gross immorality, and would follow the removal procedures for state elective officers as prescribed by law.

  • POWERS AND RESPONSIBILITIES

    • The WVBE would retain general supervision of the state’s free schools.
    • The WVBE would select the state superintendent of free schools, who would serve at the board’s will and pleasure.
    • The state superintendent would be a member of the WVBE (and, per the constitutional text, also be a member of the State Board of Public Works as provided elsewhere in the Constitution).

Affected Parties and Impacts

  • State-level governance: The WVBE’s composition and district structure would change, introducing nine district-based seats rather than presumably at-large or differently apportioned representation.
  • County Boards of Education: County-level boards would compose the districts that feed into the WVBE; members would transition to WVBE seats representing their districts.
  • Voters: Voters would participate in elections for WVBE seats based on the new nine-district map, once districts are established and an election date is set.
  • State superintendent: The WVBE would continue to appoint the state superintendent, who would serve at the board’s will and pleasure.

Procedural and Timeline Aspects

  • Sequencing: The amendment authorizes the WVBE to create nine districts and establish election dates after district creation.
  • Ratification: If approved by the Legislature, the amendment would be submitted to voters at the next general election in 2026 for ratification or rejection.
  • Constitutional amendment process: Requires two-thirds agreement in both chambers and voter ratification to become part of the WV Constitution.
  • Implementation: Finalization of district boundaries, election dates, and any transitional arrangements would be established by the WVBE and applicable law following ratification.

Summary

HJR 9 seeks to constitutionalize a nine-district structure for the WVBE, tying district representation to county boards of education, with staggered nine-year terms for initial appointees and subsequent elections for district-based WVBE seats. It imposes a partisan balance requirement (no more than five members from the same party) and preserves the WVBE’s authority to appoint the state superintendent. The measure would be put to voters in the 2026 general election if advanced.

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

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