Amendment Four would give the Legislature greater oversight of the state Department of Education’s rules and policies.
For West Virginia voters, this is a question of oversight or overreach. Does the Department of Education need more checks from the legislative branch? Or would this constitutional change result in political interference with education policy?
This is one of four constitutional amendments that West Virginia voters are being asked to consider. Early voting starts Oct. 26, and Election Day is Nov. 8.
Amendment One: Can the courts intervene in West Virginia impeachments?
Amendment Two: Should the Legislature be able to shift property taxes?
Amendment 3: Should West Virginia’s constitution allow churches to incorporate?
What does the amendment do?
The amendment would specify that the Legislature, which reviews the rules that most state agencies operate under, would also do so for the state Department of Education.
This is what it says: “The purpose of this amendment is to clarify that the rules and policies promulgated by the State Board of Education, are subject to legislative review, approval, amendment, or rejection.”
A big factor is that the Constitution already gives general supervisory authority to the state Board of Education. That resulted from an earlier amendment in 1958.
The state board is meant to be citizens from different regions of the state appointed by the governor for overlapping nine-year terms. Those terms are meant to be long enough for members to gain expertise, provide steadying influence and to be relatively immune from the ins and outs of politics.
What’s the argument for adopting the amendment?
West Virginia’s Republican legislative majorities want to be assured that when they pass laws about educational policy in West Virginia that they’re then carried out as intended by the Department of Education.
Senate President Craig Blair earlier this month told members of the Berkley County Council why he supports the amendment. In essence, he said, the elected members of the Legislature are more likely to be responsive to voters than the state board.
“We’ve made big changes in this state to our education system,” said Blair, R-Berkeley, describing education progress as a major aspect of economic development.
“This is a simple resolution. It makes it so the state Board of Education is no longer what they call themselves, the fourth branch of government. They are unelected. You cannot have any part of our government that is unelected in effect creating law.”
The change would put education policies through the same rule review process that other agencies go through, Blair said.
“This will end some of the foolishness that’s taking place,” he said, not elaborating on specific examples.
The amendment will assure oversight of an important aspect of West Virginia’s government, said Garrett Ballengee, executive director of the conservative Cardinal Institute, which frequently advocates for changes to the education system.
“Essentially, Amendment 4 provides an additional legislative check and balance on an executive branch function — that is, education,” Ballengee said.
“It’s also important to remember that, despite popular belief, the three branches of government are not co-equal at the federal or state level: the legislative branch is, ultimately, supreme, and Amendment 4 is a manifestation of that reality.”
What’s the argument against it?
It’s that the legislators gaining a more formal supervisory role come and go – and are influenced by the winds of politics. The state Board of Education is shaped as it is in an attempt to lessen those forces.
Board of Education members voted 8-1 last March on a resolution against the amendment. There has been no action since then, even though the board’s president and vice president recently departed, as did the state superintendent.
“This amendment would give a large and ever-changing body the authority to alter the shape of our classrooms with each new election,” board members and the superintendent stated.
The League of Women Voters agrees.
“Granting the state legislature authority over state education rules and policies will, in the words of the Board of Education, only make our system of education “less efficient, more chaotic and subject to partisan politics,” the organization wrote in its summary of the amendments.
Fred Albert, president of the American Federation of Teachers-West Virginia also objects to granting legislators the power to approve all policies, waiver requests, curriculum and other decisions by the state board.
“It’s a vehicle to strip away the constitutional authority of the State Board of Education and micromanage school systems,” Albert said.
“Additionally, it would bog down and hamper the efficiency of local boards due to the many local issues that ultimately end up needing state Board of Education approval. For example, routine waivers for employing a retiree in a content shortage subject area to obtain a certified teacher is a very common practice, would need legislative approval for each occurrence if this amendment is approved by voters.”
What does the governor say?
The governor appoints members of the state school board, and because Jim Justice is now well into his second term he has appointed just about all the members of the current board.
The current governor also, many times, has described support for education as the centerpiece of his administration. With a well-known hobby as a basketball coach, Justice spends significant time in local schools.
On this amendment, though, the governor has described neutrality. That’s in contrast to his active position against a property tax amendment that has led him on a campaign from community to community.
Justice was asked by two different reporters about the education policy review amendment during a recent briefing and both times spoke in terms of broad cooperation.
“I really believe that we all need, in this situation, to really pull the rope together,” Justice said.
“From the standpoint of the Legislature working with the education department; the Governor’s Office working with the Legislature, the education department, everybody – everybody needs to get in this thing.”
The governor concluded by saying, “I know that’s not a pinpoint answer and everything, but on this one that’s where I’m going to have to be for right now.”
Asked for further clarification of his perspective, the governor again said students would receive the most benefit from the various entities cooperating.
“I would encourage everyone to have a great big kumbaya moment and work together here,” Justice said.
“In some areas across the country, we’ve seen where educators have just ignored parents completely. And from that standpoint do we need oversight? Yeah, you’re dadgum right.
“The bottom line is, this whole thing is for children, for our kids. And, in all honesty, in certain situations, education can be weaponized by those that believe way-out thoughts.”
He continued, “There are many instances where we have an overreach from the side of education and we need some guidance that the Legislature could be providing or a mechanism the Legislature can be providing.
“The bottom line to everything in my opinion is one thing and one thing alone, pull the rope together. That’ll get us across the finish line the right way.”
What would the Constitution say?
ARTICLE XII. EDUCATION. Section 2.
Supervision of free schools. Subject to the provisions of this section, the general supervision of the free schools of the State is vested in the West Virginia Board of Education which shall perform the duties prescribed by law. Under its supervisory duties, the West Virginia Board of Education may promulgate rules or policies which shall be submitted to the Legislature for its review and approval, amendment, or rejection, in whole or in part, in the manner prescribed by general law. The board shall consist of nine members to be appointed by the Page 3 of 3 Governor, by and with the advice and consent of the Senate, for overlapping terms of nine years. No more than five members of the board shall belong to the same political party, and in addition to the general qualifications otherwise required by the Constitution, the Legislature may require other specific qualifications for membership on the board. No member of the board may be removed from office by the Governor except for official misconduct, incompetence, neglect of duty, or gross immorality, and then only in the manner prescribed by law for the removal by the Governor of state elective officers. The West Virginia Board of Education shall, in the manner prescribed by law, select the State Superintendent of Free Schools who shall serve at its will and pleasure. He or she shall be the chief school officer of the state and shall perform the duties prescribed by law. The State Superintendent of Free Schools shall be a member of the Board of Public Works as provided by subsection B, section fifty-one, article VI of this Constitution