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Bill

HJR 6

To amend the West Virginia Constitution to provide for the election of the West Virginia Superintendent of Free Schools in the General Election.

2026 Regular Session Introduced by Larry Kump

The amendment would elect the West Virginia State Superintendent of Free Schools by voters every four years, shifting selection from the Board of Education to the general election.

To House Education
#constitutionalamendments #elections
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Bill Summary · HJR 6

Overview

  • Bill: House Joint Resolution 6 (HJR 6)
  • Session: 2026, West Virginia
  • Purpose: Propose a constitutional amendment to elect the West Virginia State Superintendent of Free Schools in the General Election (instead of appointment by the West Virginia Board of Education).

What the bill would do

  • Amend Section 2, Article XII of the West Virginia Constitution.
  • Change who selects the State Superintendent of Free Schools:
    • Current: The West Virginia Board of Education appoints the state superintendent.
    • Proposed: The state superintendent would be elected by voters in the General Election every four years.
  • Maintain the Board of Education as the entity that oversees supervision of free schools and that appoints the state superintendent (but under the amendment, the appointment would shift to election).
  • The State Superintendent would be:
    • The chief school officer of the state.
    • A member of the Board of Public Works (as provided by other constitutional provisions).
    • Serving at the board’s will and pleasure (i.e., subject to removal under the same standards as other state officials, per law).
  • Board composition and terms (as currently drafted in the amendment):
    • Board of Education would consist of nine members appointed by the governor, with Senate advice and consent.
    • Overlapping nine-year terms for board members, with initial staggered terms (one through nine years) for the initial appointments.
    • No more than five board members may belong to the same political party.
    • Removal standards and process for board members remain governed by law (for official misconduct, incompetence, neglect of duty, or gross immorality).

Who would be affected

  • State Superintendent of Free Schools:
    • Would become an elected position, chosen by voters in the general election every four years.
    • Remains the chief state school officer with duties and powers prescribed by law.
  • West Virginia Board of Education:
    • Continues to exist as the supervising body over free schools and the nominating/selection body for the state superintendent (under the amendment, the superintendent would be elected rather than appointed directly by the board).
  • Voters:
    • Eligible voters would participate in electing the state superintendent in the general election, replacing the current appointment process.

Procedural and timeline aspects

  • Constitutional amendment process:
    • The measure is introduced as a joint resolution that would, if approved, place the amendment on the ballot for ratification or rejection by the voters.
    • The language states that the proposed amendment would be submitted to the voters at the next general election in 2026.
  • Ratification threshold:
    • As required by West Virginia Constitution, such amendments typically require passage by two-thirds of the members elected to both houses of the Legislature, followed by ratification by voters in the general election.
  • Effective date:
    • If ratified, the amendment would take effect per the terms of the amendment and subsequent implementing laws; the bill text specifies that the amendment would provide for election in the general election, implying the first elected term would begin after the 2026 election, with four-year terms thereafter (consistent with existing four-year cycles).

Key considerations and context

  • Governance shift: The bill would transition the role of selecting the state superintendent from appointment by a centralized board to direct electoral accountability to voters.
  • Continuity of oversight: The Board of Education would retain oversight authority for free schools and the process to nominate/appoint the superintendent, but the selection mechanism would be by election.
  • Accountability and political dynamics: Moving to an elected superintendent could affect political dynamics, campaign considerations, and the accountability framework for the state’s chief education officer.
  • Qualifications and removals: The amendment references standard constitutional qualifications for board members and removal mechanisms by law; the superintendent’s removal would follow lawful processes applicable to state officials.

If you’d like, I can provide a comparison table outlining the current vs. proposed structure, or a brief potential impact assessment focusing on governance, funding, and stakeholder perspectives.

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

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