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Property tax amendment is hot, but education policies are a big deal on ballots too

During a stop in Marlinton about the controversial Amendment Two, a woman in the audience wanted to give Gov. Jim Justice a nudge about another amendment on ballots this fall, one that would give the Legislature greater sway on state education policies.

The woman, who described herself as a retired school teacher, said she agrees with Justice’s position that Amendment Two would mean sacrificing local authority over personal property taxes. But she wanted to press him on on Amendment Four, which would give legislators more say-so on state Department of Education policies.

“I know that you have been somewhat ambivalent about where you stand on Amendment Four,” the woman said. “So my question is a simple one: If we’re going to vote no to give up local control, why not vote no on also giving up local control with our school system and then turning it over to the state?

“We already have a state Board of Ed, but if you get legislators involved then every four years or two years it could change and then every time we’ll be facing the newest and the hottest culture issue is going on in the country. So I would like to hear why you’re ambivalent about coming up with an answer on Amendment Four.”

The governor, who has campaigned statewide against the property tax amendment, has made relatively neutral comments about the education amendment. When he’s been asked to discuss it, Justice has said he can see both pros and cons.

This time, nudged by the woman in the audience, Justice came closer to criticizing the education amendment although his final answer still wasn’t firm.

Jim Justice

“We have a state Board of Education, we have a state education department, we have a superintendent of schools of the entire state, we have a network that’s already set up,” Justice said. “It is an extremely valid point.”

But then the governor said he also sees the question a different way. He said he has emphasized the other amendment affecting property taxes because it would affect state and local government budgets.

“The number one responsibility that I think that I should have is to control the economics of what’s going on in the government,” Justice said. “If the economics are right then everything else can be done. But if the money is screwed up then nothing can be done.”

The governor agreed with the retired teacher’s concern that lawmakers could be swayed by popular sentiments of the moment if they gain more control over education policy. “It’s very, very, very, very valid,” he said. But he also expressed concern that state school board leaders, appointed by the governor, could somehow move toward radical societal positions.

“There are horror stories of Californians, you know, absolutely education departments in California coming up with some book or classroom, whatever it may be, teaching kids what would be a horror trip to you. Therefore, why not let the Legislature have some oversight on what really is going to be really happening in education?” he asked. “That is the only argument.”

The retired teacher pushed back on that: “We’re not California. We will never be California,” She said, “I see a potential that we could go the other way — just the opposite of the liberal stuff in California, that we could go to such a conservative thing that you’d even lose your job if you talk about Frederick Douglass or something.”

The governor acknowledged the point. “You make a tremendous argument,” he said.

Amendment Four would specify that the Legislature, which reviews the rules that most state agencies operate under, would also have authority over the state Department of Education’s policies.

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.

Debra Sullivan

“I think it allows us to look at the facts, to look at the research, the evidence and to try to do what is right by our West Virginia young people, and of course that means our future,” said Debra Sullivan, a member of the state Board of Education.

Sullivan argues that the current system offers consistency for the state school system. She also contends the state board can act quickly and with flexibility as issues arises in schools.

“Our sole focus is on the education of our students. That’s the only thing we’re concerned about,” Sullivan said this week on MetroNews’ “Talkline.” “The Legislature has a much broader mission. They can’t take the time to focus on individual issues in our schools like we can.”

Amy Nichole Grady

Senate Education Chairwoman Amy Nichole Grady, an elementary school teacher, said the amendment will lead to more accountability in the state’s school system.

“This is another way to make sure elected representatives are keeping an appointed board in check,” said Grady, R-Mason. “Right now the state board of education, nine people, can actually act as a separate branch of government, and that’s not how the government was made to be.”

Most policies from the state Department of Education would be approved by lawmakers, Grady predicted on “Talkline.”

“Five percent of them might be questioned or might be asked to be changed or amended,” she said. “People are acting as if this is a power grab, and that’s not it at all.”

Ryan Weld

Senator Ryan Weld, who serves on the Legislature’s Rule-Making Review Committee, noted that elected lawmakers have similar authority over other agencies. “But for some reason the state Board of Education is exempt from that process. And there is no legislative oversight, and the authority of elected officials is being usurped by appointed officials who are accountable to, essentially no one,” said Weld, R-Brooke.

Right now, Weld said, the state board members are subject to the will of just one outside entity.

“And that’s the governor who appoints them,” he said. “So to say the politics and political whims, whether it be a Legislature or an individual, isn’t playing into this now — it’s not true.”





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