Editor:
During my 22 years as an employee in the state Department of Education, with the last 11 years as Executive Assistant to the State Superintendent of Schools under the leadership of Dr. Hank Marockie, Dr. David Stewart, and Dr. Stephen Paine, I learned the distinction between the legislative branch of our state government and the West Virginia Board of Education. It is the roles and responsibilities of these two entities that have caused me heightened interest and increased concern as I continue to read about actions of the current Legislature.
A recent Sunday article about legislators wanting more changes to the education standards than have already been determined after thousands of responses, including mine, were provided by our citizens has caused me much frustration and finally sent me to reread the state Constitution. In rereading the clear language of Article XII, I am at a loss as to what the current legislators do not understand about their roles and responsibilities relative to education.
Section I of Article XII says the Legislature “shall provide, by general law, a thorough and efficient system of free schools” and then goes on to define the terms. Helping to put the Legislative role into perspective, Section 2 says, “The general supervision of the free schools of the State shall be vested in the West Virginia board of education which shall perform such duties as may be prescribed by law.” One of the notations of either court cases or attorney general opinions following this section states, “The term ‘general supervision,’ as used in this section, is entitled to receive a broad meaning, and it implies the authority to oversee, direct, inspect, manage and control the free school system. Rule-making by the state board of education is within the meaning of ‘general supervision’ of the free schools pursuant to this section, and any statutory provision that interferes with such rule-making is unconstitutional.”
And finally, under Section II, Scope of Authority, A. Legislature: “… The Legislature may not by statute encroach upon the constitutional power of the board of education in its general supervision of free schools of the State by attempting to dilute or limit that area of executive power or by attempting to transfer that power, or a part thereof, to another agency of state government.”
The same subdivision goes on to say the board of education and the state superintendent of schools, “establish, implement and enforce high quality education standards …”
It appears that the current Legislature has forgotten what the West Virginia Constitution has to say about its role in state education.
It is my sincere hope that the current Legislature will reread the state Constitution and begin following its directives.
Karen K. Larry
Philippi