Signed by Governor Jim Justice, Jr.

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that increases the number of public charter schools in the state from 3 to 10 and amends various other public charter school laws.

Highlights:

• Defines “authorizer” as the entity empowered under this law to review applications, decide whether to approve or reject applications, enter into charter contracts with applicants, oversee public charter schools and decide whether to renew or not renew charter contracts (Sec. §18-5G-2-2).

• Requires the state board to consult with nationally recognized charter school organizations and establish and maintain a catalog of best practices for public charter schools applicable for all applicants, authorizers, governing board members, and administrators that are consistent with this law and nationally recognized principles and professional standards for quality public charter school authorizing and governance in all major areas of authorizing and governance responsibility in the following areas (Sec. §18-5G-4.a):

• Organizational capacity and infrastructure;

• Solicitation and evaluation of charter applications;

• A framework to guide the development of charter contracts;

• Performance contracting including a performance framework;

• Providing transparency and avoiding all conflicts of interest;

• Ongoing public charter school oversight and evaluation; and

• Charter approval and renewal decision-making.

• Establishes any public charter school authorized according to this law to 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 (Sec. §18-5G-5-3.c).

• Requires each authorizing authority to create and maintain policies and practices consistent with the principles and professional standards for authorizers of public charter schools, including standards relating to (Sec. §18-5G-6-2):

• Organizational capacity and infrastructure;

• Evaluating applications;

• Ongoing public charter school oversight and evaluation; and

• Charter approval, renewal, and revocation decision-making.

• Prohibits a public charter school from commencing operations without a charter contract that meets the requirements of this section, has been properly executed, and has been approved by, as applicable, a county board, county boards, or the state board, or the West Virginia Professional Charter School Board (Sec. §18-5G-9-10).

• Specifies 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 (Sec. §18-5G-10.h.i):

• 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 following the requirements of this chapter; and

• 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.

• Requires the state board to remand the authorizer’s decision back to the authorizer for further proceedings if the substantive rights of the applicant have been prejudiced because the authorizer’s findings, inferences, conclusions, or decisions are (Sec. §18-5G-13.c):

• In violation of constitutional or statutory provisions or state board policy;

• Over the statutory authority or jurisdiction of the authorizer;

• Made upon unlawful procedures;

• Affected by other error of law;

• Wrong given the reliable, probative, and substantial evidence on the whole record; or

• Arbitrary or capricious or characterized by abuse of discretion or unwarranted exercise of discretion.

• Authorizes the Professional Charter School Board to permit two statewide virtual public charter school which do not count against the limit. A statewide virtual public charter school will enroll no more than 5% of the headcount enrollment per year (Sec. §18-5G-13.a-1).

Full Bill Text

Vote Smart's Synopsis:

Vote to amends and pass a bill that increases the number of public charter schools in the state from 3 to 10 and amends various other public charter school laws.

Highlights:

• Defines “authorizer” as the entity empowered under this law to review applications, decide whether to approve or reject applications, enter into charter contracts with applicants, oversee public charter schools and decide whether to renew or not renew charter contracts (Sec. §18-5G-2-2).

• Requires the state board to consult with nationally recognized charter school organizations and establish and maintain a catalog of best practices for public charter schools applicable for all applicants, authorizers, governing board members, and administrators that are consistent with this law and nationally recognized principles and professional standards for quality public charter school authorizing and governance in all major areas of authorizing and governance responsibility in the following areas (Sec. §18-5G-4.a):

• Organizational capacity and infrastructure;

• Solicitation and evaluation of charter applications;

• A framework to guide the development of charter contracts;

• Performance contracting including a performance framework;

• Providing transparency and avoiding all conflicts of interest;

• Ongoing public charter school oversight and evaluation; and

• Charter approval and renewal decision-making.

• Establishes any public charter school authorized according to this law to 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 (Sec. §18-5G-5-3.c).

• Requires each authorizing authority to create and maintain policies and practices consistent with the principles and professional standards for authorizers of public charter schools, including standards relating to (Sec. §18-5G-6-2):

• Organizational capacity and infrastructure;

• Evaluating applications;

• Ongoing public charter school oversight and evaluation; and

• Charter approval, renewal, and revocation decision-making.

• Prohibits a public charter school from commencing operations without a charter contract that meets the requirements of this section, has been properly executed, and has been approved by, as applicable, a county board, county boards, or the state board, or the West Virginia Professional Charter School Board (Sec. §18-5G-9-10).

• Specifies 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 (Sec. §18-5G-10.h.i):

• 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 following the requirements of this chapter; and

• 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.

• Requires the state board to remand the authorizer’s decision back to the authorizer for further proceedings if the substantive rights of the applicant have been prejudiced because the authorizer’s findings, inferences, conclusions, or decisions are (Sec. §18-5G-13.c):

• In violation of constitutional or statutory provisions or state board policy;

• Over the statutory authority or jurisdiction of the authorizer;

• Made upon unlawful procedures;

• Affected by other error of law;

• Wrong given the reliable, probative, and substantial evidence on the whole record; or

• Arbitrary or capricious or characterized by abuse of discretion or unwarranted exercise of discretion.

• Authorizes the Professional Charter School Board to permit two statewide virtual public charter school which do not count against the limit. A statewide virtual public charter school will enroll no more than 5% of the headcount enrollment per year (Sec. §18-5G-13.a-1).

Full Bill Text