K-12 Governance Structures: State Profile

K-12 Governance Structures: State Profile - West Virginia

November 2017


Data are collected using publicly available state constitutional language and state statutes. Updated as of Nov. 1, 2017.
 

Governor
What constitutional or statutory duties does the governor have as it relates to education? The chief executive power shall be vested in the governor, who shall take care that the laws be faithfully executed.

Every bill passed by the legislature shall, before it becomes a law, be presented to the governor. If he approves, he shall sign it, but if not, he shall return it, with his objections, to the house in which it originated.

A bill passed by the legislature making appropriations of money must be submitted to the governor for his approval or disapproval.
What is the appointment authority provided to the governor in education? The governor appoints the state board of education with the advice and consent of the senate.
Are the governor’s duties and powers and found in the state constitution? Yes
Are the governor’s duties and powers and found in the state statute? Yes
Citation Const. Art. 7, § 5
Const. Art. 7, § 14
Const. Art. 7, § 15
Const. Art. 12, § 2
W. Va. Code, § 18-2-1
Legislature
What constitutional or statutory powers does the legislature have as it relates to education policy? The legislative power shall be vested in a senate and house of delegates.

The legislature shall provide, by general law, for a thorough and efficient system of free schools.

The legislature may provide for county superintendents and such other officers as may be necessary to carry out the objects of this article and define their duties, powers and compensation.

The legislature shall provide for the support of free schools by appropriating thereto the interest of the invested “School Fund.”

The legislature shall foster and encourage, moral, intellectual, scientific and agricultural improvement; it shall, whenever it may be practicable, make suitable provision for the blind, mute and insane, and for the organization of such institutions of learning as the best interests of general education in the state may demand.
What is the appointment or confirmation authority of the legislature in education? The senate provides advice and consent for the governor's appointments to the state board of education.
Which committees in the legislature have jurisdiction over education issues? House:
Education

Senate:
Education
Constitutional? Yes
Statutory? Yes
Citations Const. Art. 6, § 1
Const. Art. 12, § 1
Const. Art. 12, § 3
Const. Art. 12, § 5
Const. Art. 12, § 12
W. Va. Code, § 18-2-1
Chief State School Officer
What are the duties of the chief state officer? The state superintendent of schools shall institute proceedings or processes to properly enforce and give effect to any provision(s) of laws pertaining to the school system.

The state superintendent of schools shall maintain a department of education at his office at the state capitol, and he shall have authority to employ assistants and such other employees as may be necessary.

The state superintendent of schools shall exercise such other powers and discharge such other duties as are assigned to him.
What constitutional or statutory authority does the chief state school officer have as it relates to education policy? The state superintendent of schools shall have general supervision of the free schools of the state, and shall be the chief executive officer of the state board of education. He shall be charged with the general supervision of all county and city superintendents of free schools and of county and district boards of education within the state.

The state superintendent of schools shall exercise such other powers and discharge such other duties as are assigned to him.
How is the chief state school officer selected? The state superintendent of schools is appointed by the state board of education and serves at the pleasure of the board.
Constitutional? Yes
Statutory? Yes
Citation W. Va. Code, § 18-3-4
W. Va. Code, § 18-3-9
W. Va. Code, § 18-3-10
W. Va. Code, § 18-3-3
Const. Art. 12, § 2
W. Va. Code, § 18-2-4
State Board of Education
What constitutional or statutory powers and duties does the state board of education have as it relates to education policy? The state board of education shall exercise general supervision of the public schools of the state. Additionally, the board shall promulgate rules relating to standards for performance and accountability, the welfare of students, education of all school age children, school attendance, evening or part-time day schools, classification of schools, issuing credentials, and the general powers and duties of county boards.

The state board, in exercising its constitutional responsibility for the general supervision of public schools, must do so as provided by general law.
What is the composition of the state board of education? The state board consists of 12 members, of whom one is the state superintendent of schools, one of whom is the chancellor of higher education policy commission, and one of whom is the chancellor of the West Virginia council for community and technical college education, none of whom is entitled to vote.
How are members of the state board of education selected? Three members - the state superintendent of schools, the chancellor of higher education policy commission, and the chancellor of the West Virginia council for community and technical college education - are ex officio members.

The remaining nine are appointed by the governor with the advice of consent of the senate. Of the appointed members, at least two, but not more than three are appointed from each congressional district. No more than five of the appointive members may belong to the same political party.
Constitutional? Yes
Statutory? Yes
Citation W. Va. Code, § 18-2-5
Const. Art. 12, § 2
W. Va. Code, § 18-2-1
Executive-Level Secretary
Does the state have an executive-level secretary? The state superintendent shall be the chief executive officer of the state board.

The board shall appoint a secretary.
What other duties does the executive-level secretary have? The secretary shall keep a record of the board proceedings and perform such other duties as it may prescribe.
Constitutional? No
Statutory? Yes
Citation W. Va. Code, § 18-2-4

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