WeVote
Log In

Bill

Bill

HJR 39

To modify the makeup of the State Board of Education

2026 Regular Session Introduced by Jim Butler and 10 co-sponsors

The bill would shift WV’s State Board of Education to five regionally elected members plus four governor-appointed members, with legislative review of Board rules.

To House Education
#constitutionalamendments #education(k12)
0
WeVote Research Nonpartisan
Bill Summary · HJR 39

Summary of Bill: HJR 39 (West Virginia, 2026)

Main purpose and intent

  • This joint resolution proposes an amendment to the West Virginia Constitution to change how members of the State Board of Education are selected.
  • The key change is to establish an elected model for five of the nine board members beginning with the general election in 2028, while preserving a structure that includes governor-appointed members with Senate consent.
  • The amendment also authorizes the Legislature to require specific qualifications for board members and to grant the Legislature the authority to review and approve, amend, or reject rules or policies promulgated by the Board.

Key provisions and changes

  • Board composition (post-amendment framework):
    • The board would consist of nine members.
    • Five members would be elected on a partisan basis by voters in designated regions.
    • Four members would be “members-at-large” appointed by the Governor with Senate consent.
    • All members would serve four-year terms, with a limit of two terms per person.
    • Initial appointment terms for Governor-appointed and regionally elected members are staggered to establish the new cycle; regional seats will switch to partisan elections in specified election years thereafter.
  • Regional structure for elected seats:
    • Five regions are defined for the partisan elections, each with specified counties. Regions are assigned two- or four-year initial terms to establish the staggered cycle, after which elections would occur every four years.
    • Regions and term durations:
    • Region 1: Two-year term (Monongalia, Preston, Tucker, Randolph, Pendleton, Grant, Hardy, Mineral, Hampshire, Morgan, Berkeley, Jefferson)
    • Region 2: Four-year term (Harrison, Barbour, Lewis, Upshur, Gilmer, Calhoun, Braxton, Webster, Nicholas, Pocahontas, Greenbrier, Raleigh)
    • Region 3: Two-year term (Cabell, Lincoln, Wayne, Logan, Mingo, Wyoming, McDowell, Mercer, Summers, Monroe)
    • Region 4: Four-year term (Mason, Jackson, Roane, Putnam, Kanawha, Clay, Boone)
    • Region 5: Two-year term (Hancock, Brooke, Ohio, Marshall, Wetzel, Marion, Taylor, Tyler, Pleasants, Doddridge, Ritchie, Wood, Wirt)
  • Appointment and at-large members:
    • Governor-appointed members must be appointed with Senate consent; such appointees may be related to the Governor and would serve ex officio in certain configurations.
    • The initial Governor-appointed members and members-at-large would serve four-year terms (for at-large) or as designated by the amendment’s initial term structure (one, two, three, four years for the initial nine appointees and at-large positions).
  • Rulemaking and legislative oversight:
    • The Board would be empowered to promulgate rules or policies, but such rules/policies must be submitted to the Legislature for review and approval, amendment, or rejection, in whole or in part, under general law.
    • The Legislature may establish additional qualifications for Board membership.
  • Superintendent and structure:
    • The Board would select the State Superintendent of Free Schools (the chief school officer) who serves at the Board’s will and pleasure.
    • The State Superintendent would be a member of the Board of Public Works as provided by the Constitution.
  • Process and designation:
    • The amendment is to be placed before voters at the next general election in 2026 for ratification or rejection.
    • If ratified, the changes would take effect beginning with the 2028 general election for the elected seats.

Affected parties and entities

  • Voters in West Virginia: Eligible to vote in regional elections for five elected Board of Education members starting in 2028.
  • Governor and the Senate: Maintain influence via appointment power for four at-large members (subject to Senate advice and consent) and potential ex officio roles for related appointees.
  • State Board of Education: Shifts from a fully appointed nine-member board to a hybrid board with five elected members and four appointed members; gains new authority to promulgate rules/policies with legislative oversight.
  • State Superintendent of Free Schools: Remains selected by the Board and serves as the state’s chief school officer; continues to be connected to the Board of Public Works.

Procedural and timeline aspects

  • Introduction and referral: Filed February 17, 2026; referred to the Committee on Education and then Judiciary.
  • Ratification timeline: The proposed constitutional amendment would be submitted to voters at the next general election after passage, with the target for ratification in the 2026 general election.
  • Implementation timeline: If ratified, the first cohort of five elected Board members would take office in the 2028 general election; subsequent elections would follow a staggered, four-year cycle.

Overall impact

  • The bill would fundamentally alter governance of WV education by introducing elected representation on the State Board of Education, increasing regional accountability to voters, and creating a formal mechanism for legislative review of Board rules. It also sets a clear framework for term lengths, regional assignments, and the balance between elected and appointed members.

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

Sign in to ask a question.