West Virginia 2026 Regular Session

West Virginia House Bill HJR25

Introduced
1/22/26  

Caption

Constitutional amendment to make the state superintendent of schools, a constitutional officer position, elected by the people

Summary

House Joint Resolution 25 proposes a constitutional amendment to change how West Virginia’s state superintendent of free schools is chosen. Under current constitutional language, the state board of education selects the superintendent, who serves at the board’s pleasure. The resolution would replace that appointment model with direct election of the state superintendent in the general election every four years, while keeping the superintendent as the chief school officer of the state and preserving the office’s other powers and duties as provided by law. The measure also assigns a formal ballot designation and summary for the proposed amendment, calling it Amendment No. 1 and the "State Superintendent General Election Amendment." If approved by the Legislature and then by voters, the amendment would alter Article XII, section 2 of the West Virginia Constitution to make the superintendent an elected constitutional officer rather than an appointee of the state board of education.

Impact

If adopted, the resolution would change the state constitution and shift the selection of the superintendent of free schools from the appointed sphere to statewide partisan or nonpartisan election, depending on implementing law. That would affect the balance of authority between the state board of education and the superintendent, and could require conforming changes to election law, education governance provisions, and any statutes that assume the superintendent is board-selected and serves at the board’s will and pleasure. The amendment would also make the office more directly accountable to voters and potentially more independent from the board and governor.

Sentiment

Based on the bill text and available context, the proposal appears to be presented as a governance reform aimed at increasing direct voter control over a major education office. There are no committee transcripts or recorded votes provided, so no formal debate history is available here. The caption and note suggest the sponsor’s intent is straightforward: to make the superintendent a constitutional officer elected by the people, which implies a generally reform-oriented rationale rather than a technical cleanup measure.

Contention

The main point of contention likely centers on whether the state superintendent should be accountable to voters or selected by the state board of education as part of a coordinated education governance structure. Supporters would likely favor democratic legitimacy and direct accountability, while opponents may argue that election could politicize the office, weaken board oversight, or create conflicts between an elected superintendent and appointed board members. Because no committee discussion or vote record is included, the specific positions of legislators or stakeholders are not documented in the provided materials.

Companion Bills

No companion bills found.

Previously Filed As

WV HJR35

Constitutional amendment to make the state superintendent of schools, a constitutional officer position, elected by the people

WV SJR9

Constitutional Officer Term Limit Amendment

WV SJR13

Constitutional Officer Term Limit Amendment

WV HJR4

To amend the West Virginia Constitution to provide for the election of the West Virginia Superintendent of Free Schools in the General Election.

WV HB3020

Constitutional Amendment for recognition of the Holy Bible

WV HJR31

Constitutional Amendment for recognition of the Holy Bible

WV HB3120

Requiring full text of proposed Constitutional amendments be included on official ballots

WV SB514

Requiring full text of proposed Constitutional amendments be included on official ballots

WV HJR30

Providing term limits for certain constitutional officers

WV HJR20

Resolution for Constitutional Officer Term Limits

Similar Bills

No similar bills found.