West Virginia

West Virginia law provides that the total number of public charter schools authorized and in operation under an approved contract in this state shall be limited to three ten pilot public charter schools until July 1, 2023. Beginning July 1, 2023, and every three years thereafter, an additional tenthree public charter schools may be authorized and in operation under an approved contract in this state. The Mountaineer Challenge Academy, if converted to a public charter school, shall not count towards these limitations.

West Virginia law allows new start-ups and public school conversions.

According to West Virginia law, authorizers include:

* A county school board when the charter school or application to form a charter school includes a primary recruitment area that is wholly within the county over which the board has jurisdiction;

* Two or more county school boards who must act together and function as a single authorizer in all respects under the law when the charter school or application to form a charter school includes a primary recruitment area that encompasses territory in the two or more counties over which the respective boards have jurisdiction, provided that if such two or more school boards functioning together as authorizer reject the application, then one or more of the individual county boards may approve the application, but in such instance the charter school site must be located in one of the counties where the application was approved;
* The West Virginia Professional Charter School Board; or

*The West Virginia Board of Education in the following instances: the charter school or application to form a charter school or to renew a charter contract is in a county where the state board has intervened in the operation of the school system and limited the authority of the county board to act or the application to form a public charter school or to renew a charter contract is approved by the affected county board or boards and is forwarded it to the West Virginia Board of Education with a request that it perform to the authorizer function.

According to West Virginia law, if an authorizer fails to close a charter school that does not meet the standards, the authorizer shall appear before the state board of education to justify its decision. The state board may uphold or overturn the authorizer’s decision and may revoke the authority of the authorizer to authorize charter schools.

According to West Virginia law, the State Board of Education shall submit to the Governor and the Legislature an annual report within 60 days of the end of each school year summarizing the student performance of all operating public charter schools and the authorization status of all public charter schools within the last school year.

According to West Virginia law, the State Board of Education shall report to the Legislative Oversight Commission on Education Accountability (LOCEA) by November 1, 2022, and every three years thereafter, on the status of the state’s public charter schools. LOCEA shall report its findings and recommendations, if any, to the Legislature during its next Regular Session.
Two years after the first public charter school commences operations under the provisions of this article, the law provides that the Legislator Auditor shall conduct an audit of the public charter school program and report the findings to the Legislative Oversight Commission on Education Accountability.

According to West Virginia law, to cover authorizer costs for overseeing public charter schools, the state board of education shall establish a statewide formula for authorizer oversight funding, which shall apply uniformly to every authorizer in the state and shall not exceed one percent of each public charter school’s per-student funding in a single school year.
According to West Virginia law, a charter school may negotiate and contract with its authorizer or any third party for the use, operation, and maintenance of a building and grounds, liability insurance, and the provision of any service, activity, or undertaking that the public charter school is required to perform in order to carry out the educational program described in its charter contract. Any services for which a public charter school contracts with a school district shall be provided by the district at cost and shall be negotiated as a separate agreement after final charter contract negotiations.

West Virginia law provides a listing of required application elements for all schools and additional application elements specific to using education service providers.
The law includes a requirement for a thorough evaluation of each application, including an in-person interview and a public meeting. The law provides application approval criteria. The law provides that an authorizer shall provide its decision in writing, including an explanation stating the reasons for approval or denial of its decision during an open meeting.

West Virginia law requires the governing board and the authorizer to negotiate and enter into a charter contract. The charter contract must identify the roles, powers, responsibilities, and performance expectations for each party to the contract. The term of the charter contract shall be no longer than five years.

According to West Virginia law, an authorizer may require each charter school it oversees to submit an annual report to assist the authorizer in gathering complete information about each school.

West Virginia law requires charter schools to adhere to generally accepted accounting principles. It also requires a charter school to annually engage an external auditor to perform an independent audit of the school’s finances and to submit the audit to its authorizer.

According to West Virginia law, an authorizer shall conduct or require oversight activities that enable it to fulfill its responsibilities under this article, including conducting appropriate inquiries and investigations, so long as those activities are consistent with the intent of this article, adhere to the terms of the charter contract and do not unduly inhibit the autonomy granted to charter schools. In the event that a public charter school’s performance or legal compliance appears unsatisfactory, the authorizer shall promptly notify in writing the public charter school governing board of perceived problems and provide reasonable opportunity for the school to remedy the problems. An authorizer shall take appropriate corrective actions or exercise sanctions in response to apparent deficiencies in a charter school’s performance or legal compliance. If warranted, the actions or sanctions may include requiring a charter school to develop and execute a corrective action plan within a specified time frame.

According to West Virginia law, no later than June 30 of the school year before a public charter school’s final year of operation under terms of a charter contract, the authorizer shall issue a performance report on the public charter school. The performance report shall summarize the public charter school’s performance record to date and shall provide notice of any weaknesses or concerns perceived by the authorizer concerning the school that may jeopardize its position in seeking renewal if not timely rectified.

According to West Virginia law, if the public charter school’s contract is expiring, the authorizer shall offer contract renewal application guidance to the school. The renewal application guidance shall include or refer explicitly to the criteria and standards that will guide the authorizer’s renewal decisions. These criteria and standards shall be based on the performance framework as set forth in the charter contract. The renewal application guidance shall, at a minimum, require and provide an opportunity for the public charter school to:
(1) Present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal;
(2) Describe improvements undertaken or planned for the school; and
(3) Detail the school’s plans for the next charter term.

According to West Virginia law, no later than September 30 of a public charter school’s final authorized year of operation under a term of a charter contract, the governing board of the public charter school seeking renewal shall submit a renewal application to the authorizer pursuant to the renewal application guidance offered by the authorizer. The authorizer shall rule in a public meeting and by resolution on the renewal application no later than 45 days after the filing of the renewal application.

In making charter renewal decisions, the authorizer shall:
(1) Ground its decisions on a thorough analysis of evidence of the school’s performance over the term of the charter contract in accordance with the terms set forth in the charter contract, annual performance reports and any required financial audits;
(2) Ensure that data used in making renewal decisions are available to the public charter school and the public;
(3) Provide a public report summarizing the evidence basis for each decision; and
(4) Include one of the following rulings:
(A) Renew the charter contract for another term of five years based on the school’s
performance data and demonstrated capacities of the public charter school; or
(B) Decline to renew the charter contract. The authorizer shall clearly state in a resolution the reasons for the nonrenewal. The governing board of the school shall be granted 30 days to respond in writing to the decision and public report before that decision becomes final. The governing board shall be allowed to provide the authorizer with such arguments and supporting information as it sees fit and also shall be granted an opportunity for a recorded public hearing, at the request of the governing board. The governing board may be represented by counsel at the hearing and may call witnesses to testify. The authorizer shall consider the governing board’s response, testimony, and documentation, as well as the recorded public hearing, prior to rendering a final decision on the renewal of the charter contract. The authorizer shall render its final determination within 10 days of the close of the 30-day period. Any nonrenewal of a charter contract may be appealed to the state board.
The law provides that a charter contract shall include provisions consistent with this Act and setting forth under what conditions a charter contract may be non-renewed and the process by which a non-renewal may occur. At a minimum, these provisions shall include:
(1) The amount of time before non-renewal in which the authorizer shall notify the public charter school of the prospect that the charter contract may be non-renewed and the reasons for the potential non-renewal;
(2) The right to be represented by counsel at all meetings, hearings, and interactions between the governing board and the authorizer;
(3) A reasonable opportunity and timeframe of not less than 60 days for the governing board to provide a response to the proposed non-renewal;
(4) An opportunity for the governing board to submit documentation and provide testimony as to setting forth why the charter contract should be renewed;
(5) An opportunity for a recorded public hearing, at the request of the governing board;
(6) That the authorizer shall consider the governing board’s response, testimony, and documentation, as well as the recorded public hearing, prior to rendering a final decision on the nonrenewal of the charter contract;
(7) The information that must be included in the authorizer’s final decision if it determines not to renew the charter contract;
(8) A timeline for an authorizer to render a final decision on whether or not to renew a charter contract;
(9) Rendering of the authorizer’s decision shall be adopted as a resolution during an open meeting; and
(10) A provision that the failure of the authorizer to act on a renewal application within the designated timeframes shall be deemed approval of the application.
Within 10 days of taking final action to renew or not renew a charter under this section, the authorizer shall report the action taken and reasons for the decision to the school’s governing board and the state board or affected county board, as applicable. A copy of the report shall be submitted at the same time to the state superintendent.

According to West Virginia law, a charter contract may be revoked at any time or not renewed if the authorizer determines that the health and safety of students attending the public charter school is threatened or at such time following the process set forth in the charter school law if the public charter school has failed to substantially comply with the provisions of the charter school law, committed a material violation of any of the terms, conditions, standards or procedures required under this chapter or the charter contract, failed to substantially meet the performance expectations set forth in the charter contract, failed to substantially meet generally accepted standards of fiscal management, or violated any provision of law from which the school was not exempted.

The law provides that a charter contract may be revoked at any time if the authorizer determines that the health and safety of students attending the public charter school is threatened, an administrator employed by or member of the governing board over the charter school is convicted of fraud or misappropriation of funds, there is a failure to meet generally accepted standards of financial management, there is a material breach of the charter contract, there is a substantial violation of any provision of law from which the public charter school is not exempted, or there are dire and chronic academic deficiencies.

In the event of a public charter school closure for any reason, the authorizer shall
oversee and work with the closing school to ensure a smooth and orderly closure and transition for students and parents, as guided by the closure protocol established by the state board including, but not limited to, the following:
(1) Overseeing and working with the closing public charter school to ensure timely notification to parents, orderly transition of students and student records to new schools and proper disposition of school funds, property and assets in accordance with the requirements of this chapter; and
(2) Distributing the assets of the public charter school first to satisfy outstanding payroll obligations for employees of the public charter school and then to creditors of the public charter
school. Any remaining funds shall be paid to the county board. If the assets of the public charter
school are insufficient to pay all parties to whom the public charter school owes compensation,
the prioritization of distribution of assets may be determined by decree of a court of law.

West Virginia law allows charter schools to contract with education service providers.
West Virginia law requires that a charter application shall additionally require the applicant to provide, among other things, student performance data and financial audit reports for all current and past public charter schools.

According to West Virginia law, charter school governing boards may contract with an education service provider, so long as the governing board retains final oversight and authority over the school.

West Virginia law requires a performance contract between the independent public charter school board and the education service provider, with such contract approved by the school’s authorizer.

According to West Virginia law, members of a charter school governing board shall not be an employee of an education service provider that provides services to the public charter school and shall file a full disclosure report to the authorizer identifying potential conflicts of interest, relationships with management organizations, and relationships with family members who are employed by the public charter school or have other business dealings with the school, the management organization of the school, or any other public charter school.

West Virginia law requires any education service provider contracted with the governing board to provide a monthly detailed budget to the board.

According to West Virginia law, contractors and service providers or their employees are prohibited from making direct, unaccompanied contact with students and from access to school grounds unaccompanied when students are present if it cannot be verified that the contractors, service providers or employees have not previously been convicted of a qualifying offense.

West Virginia law notes that a charter school is a public corporate body with clear statutory authority to receive and disburse funds, secure appropriate insurance and enter into contracts and leases, and acquire real property for use as its facilities.
The law requires the creation of an independent school governing board to enter into a charter contract with an authorizer.

West Virginia law provides that public charter schools are open for enrollment to all students of appropriate grade level age.

West Virginia law provides that public charter schools may not discriminate against any person on any basis which would be unlawful for non-charter public schools in the school district.

West Virginia law provides that a public charter school may establish any one or more of the following enrollment preferences for: children who reside within the school’s primary recruitment area; students enrolled in the public charter school the previous school year and siblings of students already enrolled in the public charter school; children with special needs, including, but not limited to, at-risk students, English language learners, students with severe disciplinary problems at a non-charter public school, or students involved with the juvenile justice system; and children of governing board members and full-time employees of the school as long as the number of students enrolled under this preference constitute no more than five percent of the school’s total student enrollment.

According to West Virginia law, a start-up public charter school shall enroll all students who apply and to whom an enrollment preference has been established. If the school has excess capacity after enrolling these students, the school shall enroll all other students who apply. If the remaining applicants exceed the enrollment capacity of the program, class, grade level or building of the public charter school, the public charter school shall select students for enrollment from among all remaining applicants by a random selection lottery. The school’s lottery procedures and timelines support equal and open access for all students and take place in an open meeting.

According to West Virginia law, a conversion public charter school shall guarantee enrollment to all students who were previously enrolled in the non-charter public school and shall adopt and maintain a policy that gives enrollment preference to students who reside within the attendance area as established prior to the conversion of the school. If the school has excess capacity after enrolling these students and all others to whom an enrollment preference has been given, the school shall enroll all other students who apply. If the remaining applicants exceed the enrollment capacity of the program, class, grade level or building of a public charter school, the public charter school shall select students for enrollment from among all remaining applicants by a random selection lottery. The school’s lottery procedures and timelines support equal and open access for all students and take place in an open meeting.

According to West Virginia law, a program conversion public charter school shall enroll all students who apply for enrollment in the program who, at the time of authorization, are enrolled in the non-charter public school at which the program is operated. A program conversion public charter school shall adopt and maintain a policy that gives enrollment preference to students who are enrolled in the non-charter public school at which the program is operated. If the school has excess capacity after enrolling these students, the school shall enroll all other students who apply. If the remaining applicants exceed the enrollment capacity of the program, class, grade level or building of a public charter school, the public charter school shall select students for enrollment from among all remaining applicants by a random selection lottery. The school’s lottery procedures and timelines support equal and open access for all students and take place in an open meeting.

West Virginia law notes that charter schools are exempt from all statutes and regulations applicable to a non-charter public school or board of education, with some exceptions.
West Virginia law provides that charter school teachers are exempt from state teacher certification requirements.

West Virginia law provides that charter schools are exempt from participation in any district collective bargaining agreements.

West Virginia law does not contain any of the model law’s provisions for multi-school charter contracts or multi-charter contract boards.

West Virginia law provides that a charter school eligible to participate in state-sponsored or district-sponsored athletic and academic interscholastic leagues, competitions, awards, scholarships, and recognition programs for students, educators, administrators, and schools to the same extent as non-charter public schools.

The law any public charter school shall be treated and act as its own local education agency for all purposes, except as needed under the provisions of the Public School Support Plan for funding purposes.
West Virginia law requires charter schools to provide programs and services to a student with a disability in accordance with the student’s individualized education program and all federal and state laws, regulations, rules and policies. It also states that a charter school shall deliver the services directly or contract with a county board or another provider to deliver the services as set forth in its charter contract.

The state board shall promulgate a rule setting forth requirements for public charter school funding. The rule shall include a requirement that 90 percent of the per pupil total basic foundation allowance follow the student to the public charter school.

West Virginia law provides that a public charter school may request usage of public facilities from the county board or other public entity in the county where the charter school is located or proposes to locate. A county board or other public entity shall make facilities available to the charter school that are either not used, in whole or in part, for classroom instruction at the time the charter school seeks to use or lease the public facility.
If a charter school seeks to lease the whole or part of a public facility, the cost of the lease must be at or under current market value.

During the term of the lease, the charter school is solely responsible for the direct expenses related to the public facility lease, including utilities, insurance, maintenance, repairs, and remodeling. The county school board is responsible for any debt incurred or liens that are attached to the school building before the charter school leases the public facility.

West Virginia law provides charter schools with the option to participate in the relevant state employee retirement systems.

The law provides that the Professional Charter School Board may authorize two statewide virtual public charter school which shall not count against the other limits on charter schools in the law. A statewide virtual public charter school shall enroll no more than five percent of the state’s headcount enrollment per year, provided that a statewide virtual public charter school shall enroll no more than 1,500 students total before July 1, 2024.
County boards may authorize virtual public charter schools for students in an identified primary recruitment area within the state that is set forth in the charter application. Each county board may authorize no more than one virtual public charter school. Attendance to a virtual public charter school authorized by a county board is limited to students within the primary recruitment area identified in the application. Applications to establish a virtual public charter school shall not include within its primary recruitment area a location that is included in the primary recruitment area of another virtual public school that has already been authorized. A county virtual public charter school shall enroll no more than 10 percent of a county’s headcount enrollment.
The charter for a virtual public charter school is for a term of five years; and virtual public charter school renewals are also for a term of five years.
Virtual public charter school funding shall be consistent with other public charter school funding.
When enrolling a student who may require special education services, the same obligations apply to a virtual public charter school as applies to all other public charter schools. Enrollment shall not be denied or delayed on the basis of a disability and the charter school shall convene an Individualized Education Program (IEP) meeting after admission to ensure that the school develops an appropriate IEP in accordance with all of the requirements set forth in the Individuals with Disabilities Education Act.
The governing body of a virtual public charter school shall undergo at least one training per year related to appropriate oversight of the virtual public charter school.
Each virtual charter school in the state shall offer a student orientation, notify the parents and guardians and each student who enrolls in that school of the requirement to participate in the student orientation, and require all students enrolled to complete the student orientation prior to completing any other instructional activity.
Virtual charter schools must provide, in a manner agreed to in the charter contract, data demonstrating student progress toward graduation. Measurement of such progress shall account for specific characteristics of each enrolled student, including but not limited to age and course credit accrued prior to enrollment in educational instruction and course content that are delivered primarily over the internet pursuant to enrollment, and shall be consistent with evidence-based best practices. Virtual charter schools shall also maintain clear requirements relating to student engagement and teacher responsiveness for virtual charter school students and teachers.
Each virtual charter school shall develop and adopt a policy regarding failure to participate in instructional activities. The policy shall state that a student shall become subject to certain consequences, including disenrollment from the school, if both the following conditions are satisfied: (i) After the student’s parent, guardian, or custodian receives a written report, the student fails to comply with the policy adopted under the paragraph within a reasonable period of time specified by the school; and (ii) Other intervention strategies contained in the policy adopted under the paragraph fail to cause a student to consistently participate in instructional activities. If a virtual charter school disenrolls a student pursuant to a policy adopted under this paragraph, the student shall be transferred to the district of residence and shall not be eligible to enroll in that virtual charter school or another virtual charter school for one school year from the date of the student’s disenrollment.