West Virginia Code § 18-2-1

Creation; composition; appointment, qualifications, terms, and removal of
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members; offices.
There is a State Board of Education, to be known as the West Virginia Board of Education,
which is a corporation and as such may contract and be contracted with, plead and be
impleaded, sue and be sued, and have and use a common seal. The state board consists of 12
members, of whom one is the state Superintendent of Schools, ex officio; onee of whom is the
Chancellor of the Higher Education Policy Commission, ex officio; and one of whom is the
Chancellor of the West Virginia Council for Community and Technical Crollege Education, ex
officio, none of whom is entitled to vote. The other nine members are citizens of the state,
appointed by the Governor, with the advice and consent of the Senate, for overlapping terms
of nine years. Terms of office begin on November 5 of the appropriate year and end on
November 4 of the appropriate year. Not more than five memtbers are appointed from any
one congressional district.
No more than five of the appointive members may belong to the same political party and no
person is eligible for appointment to membership on the state board who is a member of any
political party executive committee or holds asny other public office or public employment
under the federal government or under the government of this state or any of its political
subdivisions, or who is an appointee or employee of the board. Members are eligible for
reappointment. Any vacancy on the gboard shall be filled by the Governor by appointment for
the unexpired term.
Notwithstanding the provisions of §6-6-4 of this code, a member of the state board may not
be removed from office Lby 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.
Before exercising any authority or performing any duties as a member of the state board,
each member shall qualify as such by taking and subscribing to the oath of office prescribed
by sWection five, article IV of the Constitution of West Virginia, the certificate whereof shall be
filed with the Secretary of State. A suitable office in the state Department of Education at
the State Capitol shall be provided for use by the state board.
Notwithstanding the provisions of §6-5-5 of this code, no person who has been convicted of
an offense under the provisions of §61-8A-1 et seq., §61-8B-1 et seq., §61-8C-1 et seq., and
§61-8D-1 et seq. of this code in which the victim is a minor may hold office as a member of
the state board.

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