West Virginia Constitution Article XII. Education
Article XII – Education of the West Virginia Constitution establishes the framework for the state's public education system. Below is a summary of its key provisions:
West Virginia Constitution – Article XII: Education
Section 1: Encouragement of Education
The Legislature must provide for a thorough and efficient system of free schools throughout the state.
Education is recognized as essential for preserving liberty and democracy.
Section 2: Supervision of Free Schools
A State Superintendent of Free Schools is to be appointed to oversee the public school system.
This superintendent is elected and serves a four-year term, with duties as defined by law.
Section 3: School Fund
A permanent school fund is established, with interest income used exclusively to support free public schools.
The fund includes various sources, such as forfeitures and estates with no heirs.
Section 4: Support of Free Schools
The Legislature is required to levy taxes to adequately fund public schools.
Revenue from certain sources is earmarked specifically for public education.
Section 5: School Districts
The state is divided into school districts. The structure and governance of these are determined by the Legislature.
Section 6: Control of Free Schools
Local school officers are selected through public elections.
The Legislature determines their powers, duties, and terms.
Section 7: Religion in Schools
Religious instruction is prohibited in public schools.
Schools must not favor or endorse any religion, maintaining separation of church and state.
Section 8: Independent Free Schools
The Legislature can authorize the establishment of independent free schools under certain conditions.
Section 9: Colored and White Schools
Originally provided for separate schools for white and Black children, but this section is no longer in effect due to federal civil rights laws and court decisions (e.g., Brown v. Board of Education).
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