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FISCAL
NOTE FISCAL
NOTE
2017 regular session
By
[
to the Committee on Education.
A BILL to amend and
reenact §5-16-2 and §5-16-22 of the Code of West Virginia, 1931, as amended; to
amend and reenact §18-7A-3 of said code;
to amend and reenact §18-7B-2 of said code; to amend and reenact §18-9A-2 of said code; to amend said code by adding thereto
a new section, designated §18-9A-12a; to
amend and reenact §18-20-5 of said code; to amend said code by adding thereto a
new article, designated §18-33-1, §18-33-2, §18-33-3, §18-33-4, §18-33-5, §18-33-6,
§18-33-7, §18-33-8, §18-33-9, §18-33-10, §18-33-11, §18-33-12 and §18-33-13; and to amend and reenact §29-12-5a
of said code, all relating to providing for the authorization and oversight of
public charter schools; providing for charter school employee participation in
public employee insurance and applicable Teachers Retirement Systems; including
charter school students in net enrollment of county; providing calculation of
charter school basic foundation program and corresponding reduction in county’s
basic foundation program; defining exceptional child with high cost/high acuity
special needs and providing for establishment of method for disbursing state
appropriated funds; providing for charter school application for funds;
removing certain reports; creating charter school act to establish process for
creation, providing for governance and oversight accountability of public
charter schools; stating purposes; establishing charter schools as public
schools and part of public education system; providing for liberal
interpretation; prohibiting conversion of private schools into charter schools
under act; prohibiting establishment of charter virtual schools under act;
providing general definitions; limiting county board management and control of
charter school; prohibiting state board as authorizing authority; defining terms;
providing for authorizations, eligibilities, compliances and prohibitions;
providing for general supervision by state board for meeting student
performance standards required of other public school students; providing
powers of public charter schools; establishing processes for determining capacity
and enrolling students; prohibiting discrimination in enrollment decisions;
providing for credit transfers; authorizing charter student participation in
state and school district sponsored interscholastic leagues, competitions,
awards, scholarships and recognition programs and specifying parameters;
requiring access to and requiring utilization of electronic education
information system for reporting certain information and subject to student
data accessibility, transparency and accountability; providing for
certification of charter school enrollment, attendance and program
participation to county board and department; providing for distribution of
charter school basic foundation program funds and allowing authorizer charge
for oversight costs; providing for payment of special education and federal
funds to charter schools; requiring charter school submission of budget and
sources of funds to state board and requiring public availability; creating
public charter school oversight and authorizer board and specifying mission,
agency status and degree of oversight and supervision by state board; providing
for appointment of members, qualifications, terms, removal, civil liability and
limited scope of acts of ex officio members; requiring appointment of executive
director and duties and qualifications; setting forth meetings. expenses,
powers and duties of board; requiring annual report to state board and
availability to public and Legislature; granting authority to require annual
reports from charter schools; establishing limitations on regulation by state
board, oversight and authorizer board and county board authorizers; requiring
annual request for proposals; providing contents of requests for proposals;
providing for application for authorization of public charter school; requiring
notice of intent to establish by organizers; requiring timelines for notice and
submission of application; providing option for county board to proceed as
authorizer or forward application to oversight and authorizer board; establishing
process for application review and evaluation; granting period for applicant
response to authorizer decision prior to final determination; requiring report
of final action; setting forth registration of approved charters by state
superintendent; stating effect of approved application; providing authorizer
powers and duties respecting charter contracts; providing timelines for
execution of charter contract and authorization to appeal to executive director
to finalize terms; providing minimum provisions of contract, including
performance provisions; prohibiting delegation and assignment of powers; setting
forth obligations and responsibilities set forth in charter contract; requiring
performance report prior to contract renewal and period to rectify weaknesses;
requiring offer of contract application renewal guidance; requiring timelines
for submission of renewal application; provisions for authorizer decisions on
renewals; permitting authorizer report of renewal decisions; prohibition on
contract renewal of school given failing level of accreditation during final
operating year; authorizing contract revocation at any time or nonrenewal for
certain violations and failures; requiring report of revocation and nonrenewal
with statement of reasons; providing for options of county board for
disposition of school when contract revoked or not renewed; duties of
authorizer when contract revoked or not renewed; establishing supremacy of
article when inconsistent with any other laws rules or regulations; granting authorization
for one or more schools under single contract; granting authorization of one or
more contracts for single governing board; providing that local education
agency status when charter school authorized county board and local education
agency status when charter school authorized oversight and authorizer board; providing
for county board accreditation accountability for charter school authorized by
county board; prohibition on county board requiring employee to be employed in
charter school; prohibition on any retaliatory action against district employee
involved in application to establish charter school; prohibiting discrimination
against charter school in district advertising of educational options; providing for accrual of seniority with the county
board of personnel employed in charter school; and authorizing charter school
liability coverage through Board of Risk and Insurance Management.
Be it enacted by the
Legislature of West Virginia:
CHAPTER 5. GENERAL
POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY
GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES,
COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-2. Definitions.
The following words and
phrases as used in this article, unless a different meaning is clearly
indicated by the context, have the following meanings:
(1) "Agency"
means the Public Employees Insurance Agency
created by this article.
(2) "Director"
means the Director of the Public Employees Insurance Agency created by this article.
(3) "Employee"
means any person, including an elected officer, who works regularly full time
in the service of the State of West Virginia and, for the purpose of this
article only, the term "employee" also means any person, including an elected officer,
who works regularly full time in the service of a county board of education; a
public charter school established pursuant to article thirty-three, chapter
eighteen of this code; a county, city or town in the state; any separate
corporation or instrumentality established by one or more counties, cities or
towns, as permitted by law; any corporation or instrumentality supported in
most part by counties, cities or towns; any public corporation charged by law
with the performance of a governmental function and whose jurisdiction is
coextensive with one or more counties, cities or towns; any comprehensive
community mental health center or comprehensive mental retardation intellectually
and developmentally disabled facility established, operated or licensed by
the Secretary of Health and Human Resources pursuant to section one, article
two-a, chapter twenty-seven of this code and which is supported in part by
state, county or municipal funds; any person who works regularly full time in
the service of the Higher Education Policy Commission, the West Virginia
Council for Community and Technical College Education or a governing board, as
defined in section two, article one, chapter eighteen-b of this code; any
person who works regularly full time in the service of a combined city-county
health department created pursuant to article two, chapter sixteen of this
code; any person designated as a 21st Century Learner Fellow pursuant to
section eleven, article three, chapter eighteen-a of this code; and any person
who works as a long-term substitute as defined in section one, article one, chapter
eighteen-a of this code in the service of a county board of education: Provided,
That a long-term substitute who is continuously employed for at least one
hundred thirty-three instructional days during an instructional term, and until
the end of that instructional term, is eligible for the benefits provided in
this article until September 1, following that instructional term: Provided,
however, That a long-term substitute employed fewer than one hundred
thirty-three instructional days during an instructional term is eligible for
the benefits provided in this article only during such time as he or she is
actually employed as a long-term substitute. On and after January 1, 1994, and
upon election by a county board of education to allow elected board members to
participate in the Public Employees Insurance Program pursuant to this article,
any person elected to a county board of education shall be considered to be an "employee"
during the term of office of the elected member. Upon election by the State
Board of Education to allow appointed board members to participate in the
Public Employees Insurance Program pursuant to this article, any person
appointed to the State Board of Education is considered an "employee"
during the term of office of the appointed member: Provided further,
That the elected member of a county board of education and the appointed member
of the State Board of Education shall pay the entire cost of the premium if he
or she elects to be covered under this article. Any matters of doubt as to who is an employee within the meaning of
this article shall be decided by the director.
On or after July 1, 1997, a
person shall be considered an "employee" if that person meets the following criteria:
(i) Participates in a job-sharing
arrangement as defined in section one, article one, chapter eighteen-a of this
code;
(ii) Has been designated,
in writing, by all other participants in that job-sharing arrangement as the "employee"
for purposes of this section; and
(iii) Works at least one
third of the time required for a full-time employee.
(4) "Employer"
means the State of West Virginia, its boards, agencies, commissions,
departments, institutions or spending units; a county board of education; a
public charter school established pursuant to article thirty-three, chapter
eighteen of this code; a county, city or town in the state; any separate
corporation or instrumentality established by one or more counties, cities or
towns, as permitted by law; any corporation or instrumentality supported in
most part by counties, cities or towns; any public corporation charged by law
with the performance of a governmental function and whose jurisdiction is
coextensive with one or more counties, cities or towns; any comprehensive
community mental health center or comprehensive mental retardation facility
established, operated or licensed by the Secretary of Health and Human
Resources pursuant to section one, article two-a, chapter twenty-seven of this
code and which is supported in part by state, county or municipal funds; a
combined city-county health department created pursuant to article two, chapter
sixteen of this code; and a corporation meeting the description set forth in
section three, article twelve, chapter eighteen-b of this code that is
employing a 21st Century Learner Fellow pursuant to section eleven, article
three, chapter eighteen of this code but the corporation is not considered an
employer with respect to any employee other than a 21st Century Learner Fellow.
Any matters of doubt as to who is an "employer"
within the meaning of this article shall be decided by the director. The term "employer"
does not include within its meaning the National Guard.
(5) "Finance board"
means the Public Employees Insurance Agency
Finance Board created by this article.
(6) "Person"
means any individual, company, association, organization, corporation or other
legal entity, including, but not limited to, hospital, medical or dental
service corporations; health maintenance organizations or similar organization
providing prepaid health benefits; or individuals entitled to benefits under
the provisions of this article.
(7) "Plan",
unless the context indicates otherwise, means the medical indemnity plan, the
managed care plan option or the group life insurance plan offered by the
agency.
(8) "Retired employee"
means an employee of the state who retired after April 29, 1971, and an employee of the Higher Education
Policy Commission, the Council for Community and Technical College Education, a
state institution of higher education or a county board of education who
retires on or after April 21, 1972, and
all additional eligible employees who retire on or after the effective date of
this article, meet the minimum eligibility requirements for their respective
state retirement system and whose last employer immediately prior to retirement
under the state retirement system is a participating employer in the state
retirement system and in the Public Employees Insurance Agency: Provided, That for the purposes of this
article, the employees who are not covered by a state retirement system, but
who are covered by a state-approved or state-contracted retirement program or a
system approved by the director, shall, in the case of education employees, meet
the minimum eligibility requirements of the state Teachers Retirement System
and in all other cases, meet the minimum eligibility requirements of the Public
Employees Retirement System and may participate in the Public Employees
Insurance Agency as retired employees
upon terms as the director sets by rule as authorized in this article.
Employers with employees who are, or who are eligible to become, retired
employees under this article shall be mandatory participants in the Retiree
Health Benefit Trust Fund created pursuant to article sixteen-d of this
chapter. Nonstate employers may opt out of the West Virginia other
post-employment benefits plan of the Retiree Health Benefit Trust Fund and
elect to not provide benefits under the Public Employees Insurance Agency to retirees of the nonstate employer, but may do
so only upon the written certification, under oath, of an authorized officer of
the employer that the employer has no employees who are, or who are eligible to
become, retired employees and that the employer will defend and hold harmless
the Public Employees Insurance Agency
from any claim by one of the employer's past, present or future employees for
eligibility to participate in the Public Employees Insurance Agency as a retired employee. As a matter of law, the Public Employees Insurance Agency shall not be liable in any respect to provide
plan benefits to a retired employee of a nonstate employer which has opted out
of the West Virginia other post-employment benefits plan of the Retiree Health
Benefit Trust Fund pursuant to this section.
§5-16-22. Permissive
participation; exemptions.
The provisions of this
article are not mandatory upon any employee or employer who is not an employee
of, or is not, the State of West Virginia, its boards, agencies, commissions,
departments, institutions or spending units or a county board of education or
a public charter school established pursuant to article thirty-three, chapter
eighteen of this code and nothing contained in this article compels any employee
or employer to enroll in or subscribe to any insurance plan authorized by the
provisions of this article.
Those employees enrolled in
the insurance program authorized under the provisions of article two-b, chapter
twenty-one-a of this code are not required to enroll in or subscribe to an
insurance plan or plans authorized by the provisions of this article, and the
employees of any department which has an existing insurance program for its
employees to which the government of the United States contributes any part or
all of the premium or cost of the premium may be exempted from the provisions
of this article. Any employee or employer
exempted under the provisions of this paragraph may enroll in any insurance
program authorized by the provisions of this article at any time, to the same
extent as any other qualified employee or employer, but employee or employer
may not remain enrolled in both programs.
Any
plan established or administered by the Public Employees Insurance Agency pursuant to this
article is exempt from the provisions of chapter thirty-three of this code
unless explicitly stated. Notwithstanding any provision of this code to the
contrary, the Public Employees Insurance Agency is not an insurer or engaged in the business of
insurance as defined in chapter thirty-three of this code.
Employers, other than the
State of West Virginia, its boards, agencies, commissions, departments,
institutions, spending units or a county board of education or a public
charter school established pursuant to article thirty-three, chapter eighteen
of this code, are exempt from participating in the insurance program
provided for by the provisions of this article unless participation by the
employer has been approved by a majority vote of the employer’s governing body.
It is the duty of the clerk or secretary of the governing body of an employer
who by majority vote becomes a participant in the insurance program to notify
the director not later than ten days after the vote.
Any employer, whether the
employer participates in the Public Employees Insurance Agency Insurance Program as a group or not, which has
retired employees, their dependents or surviving dependents of deceased retired
employees who participate in the Public Employees Insurance Agency Insurance Program as authorized by this article,
shall pay to the agency the same contribution toward the cost of coverage for
its retired employees, their dependents or surviving dependents of deceased
retired employees as the State of West Virginia, its boards, agencies,
commissions, departments, institutions, spending units or a county board of
education or a public charter school established pursuant to article
thirty-three, chapter eighteen of this code pay for their retired
employees, their dependents and surviving dependents of deceased retired
employees, as determined by the finance board: Provided, That after June
30, 1996, an employer not mandated to participate in the plan is only required
to pay a contribution toward the cost of coverage for its retired employees,
their dependents or the surviving dependents of deceased retired employees who
elect coverage when the retired employee participated in the plan as an active
employee of the employer for at least five years: Provided, however,
That those retired employees of an employer not participating in the plan who
retire on or after July 1, 2010, who have participated in the plan as active
employees of the employer for less than five years are responsible for the
entire premium cost for coverage and the Public Employees Insurance Agency shall bill for and collect the entire premium
from the retired employees, unless the employer elects to pay the employer
share of the premium. Each employer is hereby authorized and required to budget
for and make such payments as are required by this section.
CHAPTER 18. EDUCATION.
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-3. Definitions.
As used in this article,
unless the context clearly requires a different meaning:
(1) "Accumulated contributions" means all deposits and
all deductions from the gross salary of a contributor plus regular interest.
(2) "Accumulated net benefit" means the aggregate
amount of all benefits paid to or on behalf of a retired member.
(3) "Actuarially equivalent" or "of equal
actuarial value" means a benefit of equal value computed upon the basis of
the mortality table and interest rates as set and adopted by the retirement
board in accordance with the provisions of this article: Provided, That
when used in the context of compliance with the federal maximum benefit
requirements of Section 415 of the Internal Revenue Code, "actuarially
equivalent" shall be computed using the mortality tables and interest
rates required to comply with those requirements.
(4) "Annuities" means the annual retirement payments
for life granted beneficiaries in accordance with this article.
(5) "Average final salary" means the average of the
five highest fiscal year salaries earned as a member within the last fifteen
fiscal years of total service credit, including military service as provided in
this article, or if total service is less than fifteen years, the average
annual salary for the period on which contributions were made: Provided,
That salaries for determining benefits during any determination period may not
exceed the maximum compensation allowed as adjusted for cost of living in
accordance with section seven, article ten-d, chapter five of this code and
Section 401(a)(17) of the Internal Revenue Code.
(6) "Beneficiary"
means the recipient of annuity payments made under the retirement system.
(7) "Contributor"
means a member of the retirement system who has an account in the teachers’
accumulation fund.
(8) "Deposit"
means a voluntary payment to his or her account by a member.
(9) "Employer"
means the agency of and within the state which has employed or employs a
member.
(10) "Employer
error" means an omission, misrepresentation or violation of relevant
provisions of the West Virginia Code or of the West Virginia Code of State Regulations
or the relevant provisions of both the West Virginia Code and of the West
Virginia Code of State Regulations by the participating public employer that
has resulted in an underpayment or overpayment of contributions required. A deliberate act contrary to the provisions of this
section by a participating public employer does not constitute employer error.
(11) "Employment
term" means employment for at least ten months, a month being defined as
twenty employment days.
(12) "Gross
salary" means the fixed annual or periodic cash wages paid by a
participating public employer to a member for performing duties for the
participating public employer for which the member was hired. Gross salary
shall be allocated and reported in the fiscal year in which the work was done.
Gross salary also includes retroactive payments made to a member to correct a
clerical error, or made pursuant to a court order or final order of an
administrative agency charged with enforcing federal or state law pertaining to
the member's rights to employment or wages, with all retroactive salary
payments to be allocated to and considered paid in the periods in which the
work was or would have been done. Gross salary does not include lump sum
payments for bonuses, early retirement incentives, severance pay or any other
fringe benefit of any kind including, but not limited to, transportation
allowances, automobiles or automobile allowances, or lump sum payments for
unused, accrued leave of any type or character.
(13) "Internal Revenue
Code" means the Internal Revenue Code of 1986, as it has been amended.
(14) "Member"
means any person who has accumulated contributions standing to his or her
credit in the State Teachers Retirement System. A member shall remain a member until the benefits to which he or she
is entitled under this article are paid or forfeited, or until cessation of
membership pursuant to section thirteen of this article.
(15) "Members of the
administrative staff of the public schools" means deans of instruction,
deans of men, deans of women, and financial and administrative secretaries.
(16) "Members of the
extension staff of the public schools" means every agricultural agent,
boys' and girls' club agent and every member of the agricultural extension
staff whose work is not primarily stenographic, clerical or secretarial.
(17) "New
entrant" means a teacher who is not a present teacher.
(18) "Nonteaching
member" means any person, except a teacher member, who is regularly
employed for full-time service by: (A) Any county board of education; (B) the State Board of
Education; (C) the Higher Education Policy Commission; (D) the West Virginia
Council for Community and Technical College Education; or (E) a
governing board, as defined in section two, article one, chapter eighteen-b of
this code; or (F) a public charter school established pursuant to article
thirty-three of this chapter: Provided, That any person whose
employment with the Higher Education Policy Commission, the West Virginia
Council for Community and Technical College Education or a governing board
commences on or after July 1, 1991, is not considered a nonteaching member.
(19) "Plan year"
means the twelve-month period commencing on July 1 and ending the following
June 30 of any designated year.
(20) "Present
member" means a present teacher or nonteacher who is a member of the
retirement system.
(21) "Present
teacher" means any person who was a teacher within the thirty-five years
beginning July 1, 1934, and whose membership in the retirement system is
currently active.
(22) "Prior
service" means all service as a teacher completed prior to July 1, 1941,
and all service of a present member who was employed as a teacher, and did not
contribute to a retirement account because he or she was legally ineligible for
membership during the service.
(23) "Public
schools" means all publicly supported schools, including colleges and
universities in this state.
(24) "Refund
beneficiary" means the estate of a deceased contributor or a person he or
she has nominated as beneficiary of his or her contributions by written
designation duly executed and filed with the retirement board.
(25) "Regular interest"
means interest at four percent compounded annually, or a higher earnable rate
if set forth in the formula established in legislative rules, series seven of
the Consolidated Public Retirement Board, 162 CSR 7.
(26) "Regularly
employed for full-time service" means employment in a regular position or
job throughout the employment term regardless of the number of hours worked or
the method of pay.
(27) "Required
beginning date" means April 1 of the
calendar year following the later of: (A)
The calendar year in which the member attains age seventy and one-half years;
or (B) the calendar year in which the member retires or ceases covered
employment under the system after having attained the age of seventy and
one-half years.
(28) "Retirant"
means any member who commences an annuity payable by the retirement system.
(29) "Retirement board"
means the Consolidated Public Retirement Board created pursuant to article
ten-d, chapter five of this code.
(30) "Retirement
system" means the State Teachers Retirement System established by this
article.
(31) "Teacher
member" means the following persons, if regularly employed for full-time
service: (A) Any person employed for instructional service in the
public schools of West Virginia; (B) principals; (C) public school librarians;
(D) superintendents of schools and assistant county superintendents of schools;
(E) any county school attendance director holding a West Virginia teacher's
certificate; (F) members of the research, extension, administrative or library
staffs of the public schools;(G) the state superintendent of schools, heads and
assistant heads of the divisions under his or her supervision, or any other
employee under the state superintendent performing services of an educational
nature;(H) employees of the State Board of Education who are performing
services of an educational nature;(I) any person employed in a nonteaching
capacity by the State Board of Education, any county board of education, the State
Department of Education or the State Teachers Retirement Board, if that person
was formerly employed as a teacher in the public schools;(J) all classroom
teachers, principals and educational administrators in schools under the
supervision of the Division of Corrections, the Division of Health or the
Division of Human Services;(K) an employee of the State Board of School
Finance, if that person was formerly employed as a teacher in the public
schools; and(L) any person designated as a 21st Century Learner Fellow
pursuant to section eleven, article three, chapter eighteen-a of this code who
elects to remain a member of the State Teachers Retirement System provided in
this article; and (M) any person employed by a public charter school
established pursuant to article thirty-three of this chapter.
(32) "Total
service" means all service as a teacher or nonteacher while a member of
the retirement system since last becoming a member and, in addition thereto,
credit for prior service, if any.
Age in excess of seventy
years shall be considered to be seventy years.
ARTICLE 7B. TEACHERS' DEFINED CONTRIBUTION RETIREMENT SYSTEM.
§18-7B-2. Definitions.
As used in this article,
unless the context clearly requires a different meaning:
(1) "Annual addition"
means, for purposes of the limitations under Section 415(c) of the Internal
Revenue Code, the sum credited to a member's
account for any limitation year of: (A)
Employer contributions; (B) employee contributions; and (C) forfeitures.
Repayment of cash-outs or contributions as described in Section 415(k)(3) of the
Internal Revenue Code, rollover contributions and picked-up employee
contributions to a defined benefit plan shall not be treated as annual
additions, consistent with the requirements of Treasury Regulation §1.415(c)-1;
(2) "Annuity account"
or "annuity" means an account established for each member to
record the deposit of member contributions and employer contributions and
interest, dividends or other accumulations credited on behalf of the member;
(3) "Compensation"
means the full compensation actually received by members for service whether or
not a part of the compensation is received from other funds, federal or
otherwise, than those provided by the state or its subdivisions: Provided,
That annual compensation for determining contributions during any determination
period may not exceed the maximum compensation allowed as adjusted for cost of
living in accordance with section seven, article ten-d, chapter five of this
code and Section 401(a)(17) of the Internal Revenue Code: Provided, however,
That solely for purposes of applying the limitations of Section 415 of the
Internal Revenue Code to any annual addition, "compensation"
has the meaning given it in subsection (d), section thirteen of this article;
(4) "Consolidated board" or "board" means the Consolidated Public Retirement Board
created and established pursuant to article ten-d, chapter five of this code;
(5) "Defined contribution system" or "system" means the Teachers'
Defined Contribution Retirement System created and established by this article;
(6) "Employer"
means the agency of and within the State of West Virginia which has employed or
employs a member;
(7) "Employer contribution" means an amount deposited into the member's individual annuity account on a periodic basis
coinciding with the employee's regular
pay period by an employer from its own funds;
(8) "Employment term"
means employment for at least ten months in any plan year with a month being
defined as twenty employment days;
(9) "Existing employer"
means any employer who employed or employs a member of the system;
(10) "Existing retirement system" means the State Teachers Retirement System
established in article seven-a of this chapter;
(11) "Internal Revenue Code" means the Internal Revenue Code of 1986, as it has
been amended;
(12) "Member" or "employee"
means the following persons, if regularly employed for full-time service: (A) Any person
employed for instructional service in the public schools of West Virginia; (B)
principals; (C) public school librarians; (D) superintendents of schools and
assistant county superintendents of schools; (E) any county school attendance
director holding a West Virginia teacher's
certificate; (F) members of the research, extension, administrative or library
staffs of the public schools; (G) the State Superintendent of Schools, heads
and assistant heads of the divisions under his or her supervision or any other
employee under the state superintendent performing services of an educational
nature; (H) employees of the State Board of Education who are performing
services of an educational nature; (I) any person employed in a nonteaching
capacity by the State Board of Education, any county board of education or the State
Department of Education, if that person was formerly employed as a teacher in
the public schools; (J) all classroom teachers, principals and educational
administrators in schools under the supervision of the Division of Corrections
and the Department of Health and Human Resources; (K) any person who is regularly
employed for full-time service by any county board of education or the State
Board of Education; (L) the administrative staff of the public schools
including deans of instruction, deans of men and deans of women, and financial
and administrative secretaries; and (M) any person designated as a 21st
Century Learner Fellow pursuant to section eleven, article three, chapter
eighteen-a of this code who elects to remain a member of the Teachers' Defined Contribution Retirement System established by
this article; and (N) any person employed by a public charter school
established pursuant to article thirty-three of this chapter.
(13) "Member contribution" means an amount reduced from the employee's regular pay periods, and deposited into the member's individual annuity account within the Teachers'
Defined Contribution Retirement System;
(14) "Permanent, total disability" means a mental or physical incapacity requiring
absence from employment service for at least six months: Provided, That
the incapacity is shown by an examination by a physician or physicians selected
by the board: Provided, however, That for employees hired on or after
July 1, 2005, "permanent, total
disability" means an inability to
engage in substantial gainful activity by reason of any medically determinable
physical or mental impairment that can be expected to result in death, or has
lasted or can be expected to last for a continuous period of not less than
twelve months and the incapacity is so severe that the member is likely to be
permanently unable to perform the duties of the position the member occupied
immediately prior to his or her disabling injury or illness;
(15) "Plan year"
means the twelve-month period commencing on July 1 of any designated year and
ending on the following June 30;
(16) "Public schools"
means all publicly supported schools, including normal schools, colleges and
universities in this state;
(17) "Regularly employed for full-time service" means employment in a regular position or job
throughout the employment term regardless of the number of hours worked or the
method of pay;
(18) "Required beginning date" means April 1
of the calendar year following the later of: (A)
The calendar year in which the member attains age seventy and one-half years;
or (B) the calendar year in which the member retires or otherwise ceases
employment with a participating employer after having attained the age of
seventy and one-half years;
(19) "Retirement"
means a member's withdrawal from the
active employment of a participating employer and completion of all conditions
precedent to retirement;
(20) "Year of employment service" means employment for at least ten months, with a
month being defined as twenty employment days: Provided, That no more
than one year of service may be accumulated in any twelve-month period.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-2. Definitions.
For the purpose of this
article:
(a) "State board"
means the West Virginia Board of Education.
(b) "County board"
or "board" means a county board of education.
(c) "Professional salaries" means the state legally mandated salaries of the
professional educators as provided in article four, chapter eighteen-a of this
code.
(d) "Professional educator" shall be synonymous with and shall have the same
meaning as "teacher" as defined in section one, article one of this
chapter, and includes technology integration specialists.
(e) "Professional instructional personnel" means a professional educator whose regular duty is
as that of a classroom teacher, librarian, attendance director or school
psychologist. A professional educator
having both instructional and administrative or other duties shall be included
as professional instructional personnel for that ratio of the school day for
which he or she is assigned and serves on a regular full-time basis in
appropriate instruction, library, attendance or psychologist duties.
(f) "Professional student support personnel" means a "teacher" as defined in section one, article one of this
chapter who is assigned and serves on a regular full-time basis as a counselor
or as a school nurse with a bachelor's
degree and who is licensed by the West Virginia Board of Examiners for
Registered Professional Nurses. For all purposes except for the determination
of the allowance for professional educators pursuant to section four of this
article, professional student support personnel are professional educators.
(g) "Service personnel salaries" means the state legally mandated salaries for service
personnel as provided in section eight-a, article four, chapter eighteen-a of
this code.
(h) "Service personnel"
means all personnel as provided in section eight, article four, chapter
eighteen-a of this code. For the purpose of computations under this article of
ratios of service personnel to net enrollment, a service employee shall be
counted as that number found by dividing his or her number of employment days
in a fiscal year by two hundred: Provided, That the computation for any
service person employed for three and one-half hours or less per day as
provided in section eight-a, article four, chapter eighteen-a of this code
shall be calculated as one half an employment day.
(i) "Net enrollment"
means the number of pupils enrolled in special education programs, kindergarten
programs and grades one to twelve, inclusive, of the public schools of the
county, subject to the following:
(1) Net enrollment further shall include:
(1) (A) Adults enrolled
in regular secondary vocational programs existing as of the effective date of
this section, subject to the following:
(A) (i)
Net enrollment includes no more than one thousand of those adults counted on
the basis of full-time equivalency and apportioned annually to each county in
proportion to the adults participating in regular secondary vocational programs
in the prior year counted on the basis of full-time equivalency; and
(B) (ii) Net enrollment does not include any adult
charged tuition or special fees beyond that required of the regular secondary
vocational student; and
(2) (B) Students enrolled in early childhood
education programs as provided in section forty-four, article five of this
chapter, counted on the basis of full-time equivalency;
(3) (2) No pupil shall be counted more than once
by reason of transfer within the county or from another county within the
state, and no pupil shall be counted who attends school in this state from
another state;
(4) (3) The enrollment shall be modified to the
equivalent of the instructional term and in accordance with the eligibility
requirements and rules established by the state board; and
(5) (4) For the purposes of determining the county's basic foundation program only, for any county whose
net enrollment as determined under all other provisions of this definition is
less than one thousand four hundred, the net enrollment of the county shall be
increased by an amount to be determined in accordance with the following:
(A) Divide the state's
lowest county student population density by the county's actual student population density;
(B) Multiply the amount
derived from the calculation in paragraph (A)
of this subdivision by the difference between one thousand four hundred and the
county's actual net enrollment;
(C) If the increase in net
enrollment as determined under this subdivision plus the county's net enrollment as determined under all other
provisions of this subsection is greater than one thousand four hundred, the
increase in net enrollment shall be reduced so that the total does not exceed
one thousand four hundred; and
(D) During the 2008-2009
interim period and every three interim periods thereafter, the Legislative
Oversight Commission on Education Accountability
shall review this subdivision to determine whether or not these provisions
properly address the needs of counties with low enrollment and a sparse
population density; and
(5) Net enrollment shall
include students enrolled in a public charter school established pursuant to
article thirty-three of this chapter.
(j) "Sparse-density county" means a county whose ratio of net enrollment,
excluding any increase in the net enrollment of counties, pursuant to
subdivision (5), subsection (i) of this section, of the definition of "net enrollment",
to the square miles of the county is less than five.
(k) "Low-density county" means a county whose ratio of net enrollment, excluding any
increase in the net enrollment of counties, pursuant to subdivision (5),
subsection (i) of this section, of the definition of "net enrollment",
to the square miles of the county is equal to or greater than five but less
than ten.
(l) "Medium-density county" means a county whose ratio of net enrollment,
excluding any increase in the net enrollment of counties, pursuant to
subdivision (5), subsection (i) of this section, of the definition of "net enrollment",
to the square miles of the county is equal to or greater than ten but less than
twenty.
(m) "High-density county" means a county whose ratio of net enrollment,
excluding any increase in the net enrollment of counties, pursuant to
subdivision (5), subsection (i) of this section, of the definition of "net enrollment",
to the square miles of the county is equal to or greater than twenty.
(n) "Levies for general current expense purposes" means ninety percent of the levy rate for county
boards of education calculated or set by the Legislature pursuant to section
six-f, article eight, chapter eleven of this code.
(o) "Technology integration specialist" means a professional educator who has expertise in
the technology field and is assigned as a resource teacher to provide
information and guidance to classroom teachers on the integration of technology
into the curriculum.
(p) "State aid eligible personnel" means all professional educators and service
personnel employed by a county board in positions that are eligible to be
funded under this article and whose salaries are not funded by a specific
funding source such as a federal or state grant, donation, contribution or
other specific funding source not listed.
§18-9A-12a. Basic foundation program adjustment for public
charter school enrollment; inclusion Public School Support Program; allocation
to public charter schools.
(a)
Notwithstanding subsection (a), section twelve of this article, for any county
within which a public charter school is authorized in accordance with article
thirty-three of this chapter and the school’s net enrollment is included in the
calculation of the basic foundation program for the county, the basic
foundation program for the county shall be reduced by the county’s total per
pupil basic foundation program multiplied by the second month net enrollment of
the public charter school.
(b)
If a public charter school is authorized in accordance with article
thirty-three of this chapter and will begin its initial year of operation in
the county during the next school year, the basic foundation program for the
county shall be reduced by the county’s total per pupil basic foundation
program multiplied by the estimated second month net enrollment of the public
charter school. The funding for the public charter school and the county board
shall be subsequently adjusted, if necessary, in the first year of operation,
based on the public charter school’s actual second month net enrollment.
(c) The basic foundation program
for each public charter school authorized and operating in accordance with
article thirty-three of this chapter, shall be the total per pupil basic
foundation program of the county in which it is located multiplied by the
second month net enrollment of the public charter school.
(d)
The basic foundation program for public charter schools authorized and
operating in accordance with article thirty-three of this chapter, is a part of
the Public School Support Program.
(e)
The basic foundation program for public charter schools shall be allocated and
distributed in accordance with section six, article thirty-thee of this
chapter.
ARTICLE 20. EDUCATION OF EXCEPTIONAL
CHILDREN.
§18-20-5. Powers and
duties of state superintendent.
(a) The State Superintendent of
Schools shall organize, promote, administer and be responsible for:
(1) Stimulating and assisting county boards of education in
establishing, organizing and maintaining special schools, classes, regular
class programs, home-teaching and visiting-teacher services for exceptional children.
(2) Cooperating with all other public and private agencies
engaged in relieving, caring for, curing, educating and rehabilitating
exceptional children, and in helping coordinate the services of such agencies.
(3) (A) Preparing the necessary rules,
policies, formula formulas for distribution of available
appropriated funds, reporting forms and procedures necessary to define minimum
standards in providing suitable facilities for education of exceptional
children and ensuring the employment, certification and approval of qualified
teachers and therapists subject to approval by the State Board of Education: Provided, That no state rule, policy
or standard under this article or any county board rule, policy or standard
governing special education may exceed the requirements of federal law or
regulation.
(B) An
appropriation shall be made to the Department of Education to be distributed to
county boards to support children with high acuity needs that exceed the
capacity of county to provide with funds available. Each county board shall
apply to the state superintendent for receipt of this funding in a manner set
forth by the state superintendent that assesses and takes into account varying
acuity levels of the exceptional students. Any
remaining funds at the end of a fiscal year from the appropriation shall be
carried over to the next fiscal year. When possible, federal funds shall be
distributed to county boards for this purpose before any of the state
appropriation is distributed. The state board shall promulgate a rule in
accordance with the provisions of article three-b, chapter twenty-nine-a of
this code that implements the provisions of this subdivision relating to
distributing the funds to the county boards. The rule at least shall include a
definition for “children with high acuity needs”
(B) An “exceptional child with high cost/high acuity
special needs” is a student with a disability for whom the costs to the county
or school exceed three times the average per pupil expenditure.
(C)
Effective for the school year beginning July 1, 2018, and thereafter:
(i)
The state superintendent shall establish, in consultation and coordination with
representatives of the affected county boards and public charter schools, a
method for disbursing the separate appropriation for exceptional children with
high cost/high acuity special needs.
(ii)
The disbursement method shall reasonably account for and endeavor to equitably
mitigate the differing budgetary impacts that enrolled exceptional children
with high cost/high acuity special needs have on individual county boards’ or
public charter schools’ abilities to serve all of their enrolled students.
(iii)
The disbursement method shall further provide that, whenever the separate
appropriation under this paragraph, when combined with federal funds available
for this purpose, is insufficient to reimburse all eligible county boards and
public charter schools fully for their costs of serving the exceptional
children with high cost/high acuity special needs enrolled in their counties
and schools, the county boards and public charter schools shall receive
disbursements that equalize, as near as reasonably possible, the budget
percentage for each county board and public charter schools that is consumed by
eligible, but not reimbursed, expenditures for serving exceptional children with high cost/high acuity
special needs so that no county board's or public charter school’s budget is
affected disproportionately.
(iv) Each
county board and public charter school shall apply to the state superintendent
to receive this funding in a manner set forth by the state superintendent. Any remaining funds at the
end of a fiscal year from the appropriation shall be carried over to the next
fiscal year. When possible, federal funds shall be disbursed to county boards
and public charter schools for this purpose before any of the state
appropriation is disbursed. The state board shall promulgate a rule in
accordance with the provisions of article three-b, chapter twenty-nine-a of
this code that implements this subdivision relating to distributing the funds
to the county boards. The rule at least shall include a definition for "children with high acuity
needs".
(4) Receiving from county boards of
education and
public charter schools their applications, annual reports
and claims for reimbursement from such moneys as are appropriated by the
Legislature, auditing such claims and preparing vouchers to reimburse said
counties the amounts reimbursable to them.
(5) Assuring that all exceptional children in the state,
including children in mental health facilities, residential institutions,
private schools and correctional facilities as provided in section thirteen-f,
article two of this chapter receive an education in accordance with state and
federal laws: Provided, That
the state superintendent shall also assure that adults in correctional
facilities and regional jails receive an education to the extent funds are
provided therefor.
(6) Performing other duties and
assuming other responsibilities in connection with this program as needed.
(7) Receive the county plan for integrated classroom
submitted by the county boards of education and submit a state plan, approved
by the State Board of Education, to the Legislative Oversight Commission on
Education Accountability no later than December 1, 1995.
(b) Nothing contained in this section shall
be construed to prevent any county board of education from establishing and maintaining special
schools, classes, regular class programs, home-teaching or visiting-teacher
services for exceptional children out of funds available from local revenue.
ARTICLE 33. WEST VIRGINIA PUBLIC CHARTER SCHOOLS ACT.
§18-33-1. Legislative purpose and intent.
(a) The Legislature
hereby establishes a process for the creation, governance and oversight
accountability of public charter schools to benefit students, parents, teachers
and community members by empowering new, innovative and more flexible ways of
educating all children within the public school system and by advancing a
renewed commitment to the mission, goals and diversity of public
education. The purposes of the public
charter school initiative are to:
(1) Improve student
learning by enabling the creation of more options for students to attend
quality public schools with high standards for student performance;
(3) Allow authorized
public schools and programs within public schools exceptional levels of
self-direction and flexibility in exchange for exceptional levels of
results-driven accountability for student learning;
(4) Encourage the use of
different, high quality models of teaching, governing, scheduling and other
aspects of public schooling that meet a variety of student needs;
(5) Create new
professional opportunities for teachers, school administrators and other school
personnel that allow them to have a direct voice in the operation of their
school or program and to create a culture of shared decision-making toward the
ultimate goal of raising student achievement;
(6) Close achievement
gaps between high-performing and low-performing groups of public school
students;
(7) Provide students,
parents, community members and local entities with expanded opportunities for
involvement in the public school system; and
(8) To encourage the replication
of successful strategies for improving student learning.
(b) All public charter
schools in the state established under this article are public schools and are
part of the state's public education system.
(c) The provisions of
this article shall be interpreted liberally to support the purposes of this
section and to advance a renewed commitment by the state to the mission, goals
and diversity of public education.
(d) No provision of this
article may be interpreted to allow the conversion of private schools into
public charter schools.
(e) No provision of this
article may be interpreted to allow the establishment of public charter virtual
schools.
§18-33-2. General definitions.
As used in this article,
unless the context otherwise indicates, the following terms have the following
meanings:
“Applicant” means
teachers, parents, school administrators, community residents, county boards,
institutions of higher education or other public or private nonprofit
organizations, a noncharter public school, a noncharter public school program
or any combination thereof that seek approval from a charter school authorizer
to establish a public charter school;
“Authorizer” or
“authorizing authority” means the West Virginia Public Charter School Oversight
and Authorizer Board or a county board with full accreditation status empowered
under this article to review applications, decide whether to approve or reject
applications, enter into charter contracts with applicants, oversee and monitor
public charter schools and decide whether to renew, not renew or revoke charter
contracts;
“Charter application”
means a proposal from an applicant to an authorizer in accordance with section
ten of this article to enter into a charter contract whereby the proposed
school obtains public charter school status;
“Charter contract” means
a performance-based contract for a fixed term between a public charter school
and an authorizer that describes performance expectations, defines operational
responsibilities and outlines the autonomy and accountability for each party to
the contract in accordance with section eleven of this article;
“Conversion public
charter school” means a public charter school that existed as a noncharter
public school, in whole or in part, before becoming a public charter school;
“County board” means a
board exercising management and control of a school district or of a multicounty
vocational or technical center, other than a public charter school formed under
this article. A county board’s management
and control of a public charter school is limited to only that granted under
this article. In the case of a school
district in which the state board has intervened and limited the authority of
the county board to act pursuant to section five, article two-e of this
chapter, “county board” means the state board: Provided, That the state board may not be an authorizing authority;
“Governing board” means
the independent board of a public charter school that is party to the charter
contract with the authorizer and whose members have been elected or selected in
accordance with this article;
“Noncharter public
school” means a public school other than a school formed pursuant to this
article;
“Program conversion
public charter school” means a program within an existing noncharter public
school that is either preexisting and converted or newly created to become a
separate and discreet program within the noncharter public school and that is
governed and operated in accordance with this article;
“Public charter school”
means a public school or program within a public school that is open to all
students and is formed in accordance with the provisions of this article and
includes each of the features described in the definition of a public charter
school under section three of this article, whether start-up, conversion or
program conversion unless otherwise provided; and
“Start-up public charter
school” means a public charter school that did not exist as a noncharter public
school prior to becoming a public charter school.
§18-33-3. Public charter school defined.
A public charter school
as may be authorized pursuant to this article is a public school that meets the
following criteria except in instances where otherwise specifically provided in
this article with respect to program conversion public charter schools:
(1) Is part of the
state’s system of public education and is subject to general supervision by the
West Virginia Board of Education for meeting the student performance standards
required of other public school students under section five, article two-e of
this chapter and, through its authorizer, for meeting the terms of its charter
contract and performance framework standards the required for public charter
schools established in accordance with this article;
(2) Is established under
and operates in accordance with its approved charter contract under the direct oversight of the authorizer granting
the contract, and is exempt from all statutes and rules applicable to a
noncharter public school or a local school district except as provided in this
article and its charter contract;
(3 Is subject to all
federal laws and authorities, and anything in this article that is in conflict
with federal laws and authorities is null and void;
(4) Is subject to the
same federal nutrition standards applicable to noncharter public schools in
this state;
(5) Is not home
school-based;
(6) Is not affiliated
with or espouses any specific religious denomination, organization, sect or
belief and does not promote or engage in any religious practices in its
educational program, admissions, employment policies or operations;
(7) Is not affiliated
with any organized group whose espoused beliefs attack or malign an entire
class of people, typically for immutable characteristics, as identified through
listings of such groups as may be made by the U. S. Department of Justice, the
Federal Bureau of Investigation, or officials having similar jurisdiction in
this state;
(8) Is subject to the
same civil rights, health, life and safety requirements applicable to noncharter
public schools in this state;
(9) Has autonomy over
key decisions, including, but not limited to, decisions concerning finance,
personnel, scheduling, curriculum and instruction except as provided in this
article and its charter contract;
(10) Is governed by a
board that:
(A) Meets the
requirements established in subdivision (6), subsection (b), section nine of
this article which set forth the requirements for a public charter school’s
governance plan including, but not limited to the membership composition and
qualifications of a public charter school governing board;
(B) Is independent of a
county board except for the county board’s responsibilities as provided in this
article and the school’s charter contract; and
(C) Complies with the
provisions of article one, chapter twenty-nine-b of this code relating to
freedom of information, and the provisions of article nine-a, chapter six of
this code relating to open governmental proceedings;
(11) Is a public school
to which parents or legal guardians choose to send their child or children;
(12) Does not charge
tuition and may only charge such fees as may be imposed by noncharter public
schools in this state;
(13) Is subject to the
same student assessment and accreditation requirements applicable to noncharter
public schools in this state, but only to the extent that will allow the state
board to issue the public charter school a level of accreditation pursuant to
section five, article two-e of this chapter.
Nothing precludes a public charter school from establishing additional
student assessment measures that go beyond state requirements;
(14) Is subject to the
Student Data Accessibility, Transparency and Accountability Act pursuant to
section five-h, article two of this chapter;
(15) Has access to and
shall utilize the electronic education information system established by the
West Virginia Department of Education;
(16) Reports information
on student and school performance to parents, policy-makers and the general public
in the same manner as noncharter public schools utilizing the electronic format
established by the West Virginia Department of Education. Nothing precludes a
public charter school from utilizing additional measures for reporting
information on student and school performance that go beyond state
requirements;
(17) Provides a program
of public education that:
(A) Includes one or more
of the following: Prekindergarten and any grade or grades from kindergarten to
grade twelve including any associated post-secondary dual credit, advanced
placement and industry or workforce credential programs;
(B) May include a focus
on students with special needs, such as at-risk students, English language
learners or students involved with the Juvenile Justice System; and
(C) May include a
specific academic approach or theme including, but not limited to, approaches
or themes such as STEM education, early college, or fine and performing arts;
(18) Provides programs
and services to a student with a disability in accordance with the student's
individualized education program and all federal and state laws, rules and
regulations. 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;
(19) Operates in pursuit
of a specific set of educational objectives as defined in its charter contract;
(20) Designs its
educational program to meet or exceed the student performance standards
required of noncharter public school students under section five, article two-e
of this chapter;
(21) Provides
instructional time that is at least equal to the number of days or their equivalent
required of noncharter public school students under section forty-five, article
five of this chapter;
(22) Ensures students
meet the compulsory school attendance requirements of section forty-four,
article five of this chapter and section one-a, article eight of this chapter,
as applicable;
(23) Is 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 noncharter public schools;
(24) Adheres to all
applicable accounting and financial reporting requirements as prescribed for
public schools, including adherence to generally accepted accounting
principles. A public charter school
shall annually engage an external Auditor to perform an independent audit of
the school’s finances. The public
charter school shall submit the audit to its authorizer and to the state
superintendent within nine months of the end of the fiscal year for which the
audit is performed;
(25) Employs its own
personnel as employees of the public charter school and is ultimately
responsible for processing employee paychecks, managing its employees’
participation in the applicable retirement system and managing its employees’
participation in insurance plans established by the Public Employees Insurance
Agency: Provided, That nothing in this subdivision prohibits the public
charter school from contracting with another person or entity to perform
services relating to managing its employees’ participation in the retirement
system or insurance plan;
(26) Requires the
participation of all public charter school employees in the Teachers Retirement
System or the Teachers’ Defined Contribution Retirement System, whichever is
applicable in accordance with articles seven-a, seven-b and seven-d of this
chapter;
(27) Requires the
participation of all public charter school employees in insurance plans
established by the Public Employees Insurance Agency pursuant to article
sixteen, chapter five of this code;
(28) Is subject to the
same licensing requirements applicable to classroom teachers in a noncharter
public school. A public charter school
must comply with applicable federal laws and regulations regarding the
qualification of teachers and other instructional staff;
(29) Requires a criminal
history check pursuant to section ten, article three, chapter eighteen-a of
this code for any staff person that would be required if the person was
employed in a noncharter public school, unless a criminal history check has
already been completed for that staff person pursuant to that section. Governing
board members and other public charter school personnel are subject to criminal
history record checks and fingerprinting requirements applicable to noncharter
public schools in this state;
(30) Prohibits
contractors or service providers or their employees from making direct,
unaccompanied contact with students or 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 pursuant to section fifteen-c, article five of this
chapter;
(31) Complies with the
provisions of article one, chapter twenty-nine-b of this code relating to
freedom of information and the provisions of article nine-a, chapter six of
this code relating to open governmental proceedings;
(32) Is subject to the
same zoning rules for its facilities that apply to noncharter public schools in
this state;
(33) Is subject to the
same building codes, regulations and fees for its facilities that apply to noncharter
public schools in this state, including any inspections required for noncharter
public schools under this chapter, and is subject to the jurisdiction of the
West Virginia State Fire Marshal for inspection and issuance of a Certificate
of Occupancy for any facility used by the public charter school; and
(34) Complies with all
transportation and safety laws and administrative rules applicable to public
schools.
§18-33-4. Powers of public charter schools.
A public charter school
has all the powers necessary for carrying out the terms of its charter contract
including, but not limited to, the powers to:
(1) Enter into contracts
and leases including, but not limited to, contracting or cooperating with noncharter
public schools and school districts for services for students with special
needs, English language learner students and other specialized populations, as
well as for mutually agreed administrative services;
(2) Secure appropriate
insurance. The school may elect to
obtain insurance coverage from the Board of Risk and Insurance Management
pursuant to section five-a, article twelve, chapter twenty-nine of this code;
(3) Contract with a multicounty
regional educational service agency established pursuant to section twenty-six,
article two of this chapter for education services and resources;
(4) Incur debt in
reasonable anticipation of the receipt of public or private funds, except that
an authorizer is not responsible for any debt incurred by the public charter
school;
(5) Pledge, assign or
encumber its assets to be used as collateral for loans or extensions of credit;
(6) Solicit, accept and
expend any gifts or grants for public charter school purposes from private
sources in any manner that is available to a local school district. Nothing in
this article may be construed to prohibit any person or organization from
providing funding or other assistance for the establishment or operation of a
public charter school. The governing board of a public charter school may
accept gifts, donations or grants of any kind made to the school and expend or
use such gifts, donations or grants in accordance with the conditions
prescribed by the donor except that a gift, donation or grant may not be
accepted if subject to a condition that is contrary to any provision of law or
term of the charter contract. Any moneys
received by a charter school from any source remaining in the charter school's
accounts at the end of a budget year must remain in the charter school's
accounts for use by the charter school during subsequent budget years;
(7) Acquire real
property by purchase or lease for use as its facility or facilities from public
or private sources including, but not limited to, the following:
(A) A public charter
school has a right of first refusal to purchase or lease at or below fair
market value a closed noncharter public school facility or property or unused
portions of a noncharter public school facility or property located in a school
district from which it draws its students if the school district decides to
sell or lease the facility or property. The school district may not require
purchase or lease payments that exceed the fair market value of the property;
(B) A public charter
school may negotiate and contract with a school district, the governing board
of a state institution of higher education or community college or any other
public or for-profit or nonprofit private entity for the use of a facility;
(C) Public or private
nonprofit entities, including but not limited to entities such as libraries,
community centers, museums, fine or performing arts organizations, theaters,
community colleges, colleges and universities may provide space to public
charter schools within their facilities under their preexisting zoning and
land-use designations;
(D) A public charter
school may purchase or lease at or below fair market value part or all of any
surplus or unused state-owned facility or property located in the state. The
state agency in control of the facility may not require purchase or lease
payments that exceed the fair market value of the property; and
(E) Nothing in this
subdivision requires or prohibits the county board to seek funds from any
source, including the School Building Authority, for conversion of any existing
district school facility or for constructing a district school facility for use
by the public charter school;
(8) Contract with a
local school district or other entity for transportation and other services as
set forth in its charter contract. A public
charter school or any entity providing transportation for a charter school
shall comply with all transportation and safety laws and administrative
regulations applicable to public schools; and
(9) Sue and be sued in
its own name.
§18-33-5. Public charter school students; enrollment
and eligibility; enrollment preferences; random selection lottery; enrollment
discrimination prohibited; credit transfers; participation in interscholastic
sports.
(a) Public charter
schools are open for enrollment to all students of appropriate grade level age
and all students shall be enrolled in accordance with the following:
(1) A public charter
school shall provide or publicize to parents and the general public information
about the public charter school as an enrollment option for students and the
process for application and enrollment, including dates and timelines. A public charter school’s recruitment efforts
shall include all segments of the student populations served by noncharter
public schools of comparable grade levels in their attendance area;
(2) A school district
shall provide or publicize to parents and the general public information about
public charter schools within the district as an enrollment option to the same
extent and through the same means that the district provides and publicizes
information about noncharter public schools in the district;
(3) An authorizer may
not restrict the number of students a public charter school may enroll. The capacity of the public charter school
shall be determined annually by the governing board of the public charter
school in conjunction with the authorizer and in consideration of the public
charter school’s ability to facilitate the academic success of its students, to
achieve the other objectives specified in the charter contract, and to ensure
that the student enrollment does not exceed the capacity of its facility or
site;
(4) A school district
may not require any student residing in the school district to enroll in a
public charter school;
(5) The attendance area
of a public charter school must be designated in its charter contract. An attendance area may include territory in
more than one county;
(6) A start-up public
charter school shall enroll all students who apply to attend the school subject
to an enrollment preference which shall be given to students who reside within
the school’s attendance area. An
enrollment preference also shall be given to students enrolled in the public
charter school the previous school year and to siblings of students already
enrolled in the public charter school.
If the school has excess capacity after enrolling students within the
attendance area and those with preference, students outside the attendance area
are eligible for enrollment;
(7) A conversion public charter
school shall guarantee enrollment to all students who were previously enrolled
in the noncharter public school and to all students who reside in the school’s
attendance area, and the school 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. An enrollment preference also shall be given
to students enrolled in the public charter school the previous school year and
to siblings of students already enrolled in the public charter school. If the school has excess capacity after
enrolling students within the attendance area and those with preference,
students outside the attendance area are eligible for enrollment;
(8) 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 noncharter
public school at which the program is operated.
If the program has excess capacity after enrolling these students,
students from other schools are eligible for enrollment;
(9) If established in
the mission of the public charter school, an enrollment preference shall be
given to at-risk students and students not succeeding in noncharter public
schools. Any public charter school may
adopt a policy that enables it to give an enrollment preference to at-risk
students and students not succeeding in noncharter public schools. An enrollment preference also may be given to
children of full-time employees of the school as long as the number of students
enrolled under these preferences constitute no more than ten percent of the
school’s total student enrollment;
(10) Students with an
enrollment preference shall be enrolled by date of application, but the
enrollment is subject to space available and a preference is not a guarantee of
enrollment.
(11) After enrolling all
students in accordance with subdivisions (6), (7) and (8) of this subsection,
if the remaining enrollment capacity of the program, class, grade level or
building of a public charter school is insufficient to enroll all additional
students who have applied, the public charter school shall select students from
among the list of applicants by a random selection lottery, subject to the
following:
(A) The school’s lottery
procedures and timelines support equal and open access for all students and
take place in an open meeting; and
(B) A list of applicants
not selected by the lottery shall be maintained to fill potential vacancies and
may be carried over to the succeeding year; and
(12) Enrollment
decisions may not discriminate against any person on any basis which would be
unlawful for noncharter public schools in the school district. Except as
provided in this section, a public charter school may not establish admission
policies or limit student admissions in any manner in which a public school is
not permitted to establish admission policies or limit student admissions. This
subdivision may not be construed to limit the formation of a public charter
school that is dedicated to focusing its education program and services on
at-risk students, students with disabilities and students who pose such severe
disciplinary problems that they warrant a specific education program.
(b) If a student who was
previously enrolled in a public charter school transfers enrollment to a noncharter
public school in this state, the school to which the student transfers shall
accept credits earned by the student in courses or instructional programs at
the public charter school in a uniform and consistent manner and according to
the same criteria that are used to accept academic credits from other noncharter
public schools or that consider content competency when appropriate due to
differences in curriculum delivery, instructional methods and strategies, or
course designations and sequence.
(c) A public charter
school student is eligible to participate in state-sponsored or school district
sponsored interscholastic leagues, competitions, awards, scholarships and
recognition programs for students and schools to the same extent as noncharter
public school students. A public charter school student is eligible to
participate in extracurricular activities not offered by the student's public
charter school at the noncharter public school within the attendance boundaries
in which the student's custodial parent or legal guardian resides or the noncharter
public school from which the student withdrew for the purpose of attending a
public charter school. A public charter school student is eligible for extracurricular
activities at a noncharter public school subject to eligibility standards
applied to full-time students of the noncharter public school. A school
district or noncharter public school may not impose additional requirements on
a public charter school student to participate in extracurricular activities
that are not imposed on full-time students of the noncharter public school.
Public charter school students shall pay the same fees as other students to
participate in extracurricular or cocurricular activities. For each public
charter school student who participates in an extracurricular or cocurricular
activity at a noncharter public school, the public charter school must pay a
reasonable share of the noncharter public school's costs for the activity, as
determined through negotiations between the schools involved.
(d) Each public charter
school shall be given access to and shall utilize the electronic education
information system established by the West Virginia Department of Education, is
subject to the Student Data Accessibility, Transparency and Accountability Act
pursuant to section five-h, article two of this chapter, and shall report
information on student and school performance to parents, policy-makers and the
general public in the same manner as noncharter public schools utilizing the
electronic format established by the West Virginia Department of Education.
(e) Each public charter
school shall certify annually to the State Department of Education and to the
county board of the school district in which the charter school is located its
student enrollment, average daily attendance and student participation in the
national school lunch program, special education, vocational education, gifted
education and federal programs in the same manner as school districts.
§18-33-6. Basic foundation program allocation for
public charter schools; special education and federal funding; disclosure of
funding sources.
(a) The basic foundation
program for each public charter school authorized and operating in accordance
with this article, shall be the total per pupil basic foundation program of the
county in which it is located multiplied by the second month net enrollment of the
public charter school, or initial year estimated second month net enrollment,
as applicable, determined in accordance with section twelve-a, article nine-a
of this chapter.
(b) A public charter
school that is authorized in accordance with this article and will begin its
initial year of operation in the next school year shall submit its estimated
second month net enrollment to the West Virginia Department of Education on or
before October 1 of the year prior to its initial year of operation in a manner
determined by the state board.
(c) The state board
shall distribute each public charter school’s basic foundation program funding
directly to the public charter school at the same time and in the same manner
as basic foundation funds are distributed to county boards.
(d) To cover the costs
of overseeing a public charter school authorized by it, the authorizer may
charge the school up to three percent of the basic foundation program funding
received by the public charter school per school year.
(e) The following
provisions govern special education funding:
(1) Subject to any
modifying agreement for serving the needs of students with disabilities that is
set forth in the charter contract, the county board shall pay directly to the
public charter school any federal or state aid attributable to a student with a
disability attending the public charter school in proportion to the level of
services for the student with a disability that the public charter school
provides directly or indirectly; and
(2) Public charter schools
have the same access as county boards to funding for students with high acuity
needs pursuant to section five, article twenty of this chapter; and
(3) All funding due a
public charter school under this subsection shall promptly be forwarded to the
public charter school.
(f) Except as otherwise
provided in this article or the charter contract, the state board or county
board, as applicable, shall send federal funds for programs and services for
eligible students enrolled at a public charter school to the public charter
school. Public charter schools with students eligible for funds under Title I
of the Federal Elementary and Secondary Education Act of 1965, 20 U.S.C., §6301
et seq., must receive and use these funds in accordance with federal and
state law. During the first year of operation, a public charter school must
receive Title I funds on the basis of an estimated enrollment of eligible
students, as agreed with its authorizer.
(g) Each public charter
school annually shall submit to the state board its sources of funding along
with its budget. The state board shall
make the public charter school’s funding sources and budget available publicly.
§18-33-7. West
Virginia Public Charter School Oversight and Authorizer Board; members;
appointments; meetings.
(a) There is hereby
created the West Virginia Public Charter School Oversight and Authorizer Board
which shall report directly to and be responsible to the state board, separate
from the Department of Education, for carrying out its duties in accordance
with this article. The mission of the West Virginia Public Charter School
Oversight and Authorizer Board is to authorize high-quality public charter
schools throughout the state that provide more options for students to attain a
thorough and efficient education, particularly through schools designed to
expand the opportunities for at-risk students.
The Public Charter School Oversight and Authorizer Board and public
charter schools authorized in accordance with this article are subject to the
general supervision by the state board solely for the purposes of
accountability for meeting the standards for student performance required of
other public school students under section five, article two-e of this chapter. Consistent with the provisions of this
article, the Public Charter School Oversight and Authorizer Board has statewide
chartering jurisdiction and authority and shall be an independent state
agency. Except as otherwise authorized
in this article, no other governmental agency or entity may assume any charter
authorizing function or duty in any form.
(b) The Public Charter
School Oversight and Authorizer Board shall consist of nine voting members, as
follows:
(1) The Governor or his
or her designee;
(2) The State
Superintendent of Schools;
(3) The Chancellor of
the Higher Education Policy Commission;
(4) The Chancellor for
community and technical college education; and
(5) Five members
appointed by the Governor, with the advice and consent of the Senate, for
staggered terms of four years. Each
appointed member shall be a citizen of the state, shall represent the public
interest and shall understand and be committed to achieving the goals and
objectives set forth in this article. Members appointed to the Public Charter
School Oversight and Authorizer Board collectively must possess strong
experience and expertise in public and nonprofit governance, management and
finance, public school leadership, assessment, curriculum and instruction, and
public education law. Each member appointed to the Public Charter School
Oversight and Authorizer Board must have demonstrated an understanding of and
commitment to charter schooling as a strategy for strengthening public
education. Members appointed to the
Public Charter School Oversight and Authorizer Board collectively shall
represent diverse geographical areas of the state. The Governor may not appoint
any person to be a member of the Public Charter School Oversight and Authorizer
Board who is the holder of any other public office or public employment under
the government of this state or any of its political subdivisions, or who is an
appointee or employee of any charter school governing board or an immediate
family member of any employee under the jurisdiction of the Public Charter
School Oversight and Authorizer Board or any charter school governing board. An
individual may not serve on the authorizer board who is engaged in, or employed
by a person or company whose primary function involves, the sale of services
and activities to public charter schools or charter school governing
boards. Not more than three of the
appointed members may be members of the same political party.
(c) To establish
staggered terms of office for the members appointed to the Public Charter
School Oversight and Authorizer Board, of the initial members, one shall serve
a term of two years, one shall serve a term of three years, one shall serve a
term of four years and two shall serve a term of five years. The initial
appointments must be made before September 1, 2017. The Public Charter School Oversight and
Authorizer Board shall meet as soon as practical after September 1, 2017, upon
the call of the Governor, and shall organize for business by selecting a
chairman and adopting bylaws. Subsequent meetings shall be called by the
chairman.
(d) A member of the
Public Charter School Oversight and Authorizer Board may be removed from office
by the Governor for official misconduct, incompetence, neglect of duty or gross
immorality. A member may also be removed
if the member's personal incapacity renders the member incapable or unfit to
discharge the duties of the office or if the member is absent from a number of
meetings of the board as determined and specified by the board in its bylaws.
Whenever an appointed member vacancy on the Public Charter School Oversight and
Authorizer Board exists, the Governor shall appoint a member for the remaining
portion of the term.
(e) Except in the case
of gross negligence or reckless disregard of the safety and well-being of
another person, the Public Charter School Oversight and Authorizer Board and
members of the board in their official capacity are immune from civil liability
with respect to all activities related to a public charter school approved by
the board. The official actions of the
members of the board who are serving in an ex officio capacity by virtue of
their designation or employment in another position are board member actions
only, and may not be construed as official actions or positions of such
member’s employing entity.
(f) The Public Charter
School Oversight and Authorizer Board shall appoint an executive director and
may employ such additional staff as may be necessary. The executive director shall serve at the
will and pleasure of the board. The
executive director shall devote his or her full time to the proper
administration of the board and the duties assigned by the board and shall be
paid a salary established by the board, subject to the availability of
funding. The executive director must
have demonstrated an understanding of and commitment to charter schooling as a
strategy for strengthening public education and must possess an understanding
of state and federal education law.
(g) The Public Charter
School Oversight and Authorizer Board shall meet at least quarterly. From funds appropriated or otherwise made
available for such purpose, its members shall be reimbursed for reasonable and
necessary expenses actually incurred in the performance of official duties upon
submission of an itemized statement in a manner consistent with guidelines of
the travel management office of the Department of Administration.
§18-33-8. West
Virginia Public Charter School Oversight and Authorizer Board; powers and
duties for implementation, administration and support.
(a) The West Virginia
Public Charter School Oversight and Authorizer Board shall establish and
maintain public charter school policies and practices applicable for all
authorizers that are consistent with this article and that are transparent,
based on merit and avoid all conflicts of interest. The policies and practices
shall be consistent with nationally recognized principles and professional
standards for quality public charter school authorizing and governance in all
major areas of authorizing and governance responsibility, including but not
limited to, policies and practices in the following areas:
(1) Organizational
capacity and infrastructure;
(2) Solicitation and
evaluation of charter applications;
(3) A framework to guide the development of
charter contracts;
(4) Performance
contracting including a performance framework;
(5) Ongoing charter
school oversight and evaluation; and
(6) Charter approval,
renewal, and revocation decision-making;
(b) The West Virginia
Public Charter School Oversight and Authorizer is responsible for exercising,
in accordance with this article, the following powers and duties with respect
to the oversight and authorization of public charter schools:
(1) Consult with
nationally recognized charter school organizations and establish training
programs for public charter school applicants, administrators and governing
board members. The programs shall include preapplication training programs to
assist in the development of high quality public charter school applications.
The training programs shall include, as their framework, information necessary
for response to requests for proposals issued by the oversight and authorizer
board, the required components of the public charter school application and the
charter contract as set forth in this article. For public charter schools in
their first year and beyond, every governing board member shall attend annual
training throughout the member's term on the board. All new board members shall
attend an initial training of no less than six hours on the board's statutory
role and responsibilities, West Virginia employment policies and practices,
charter school contract oversight and financial management. A new board member
who does not begin the required initial training within six months after being
seated and complete that training within twelve months of being seated on the
board is automatically ineligible to continue to serve as a board member. Board
members serving more than one year shall attend annual training of no less than
six hours. The school shall include in its annual report the training attended
by each board member during the previous year;
(2) Collect, analyze and
report all data on the performance of all authorized public charter schools, by
type, in accordance with the performance framework required by section eleven
of this article;
(3) Monitor the
performance and legal compliance of all authorizers and public charter schools
authorized in accordance with this article, including the establishment of
reporting requirements for county board authorizers that enable the oversight
and authorizer board to perform its oversight duties;
(4) Report directly to
and be responsible to the state board for carrying out its duties under the
provisions of this article;
(5) Submit to the state board
an annual report within sixty-days of the end of each school year summarizing:
(A) The oversight and
authorizer board’s strategic vision for chartering and progress toward
achieving that vision;
(B) The performance of
all operating public charter schools in accordance with the performance
framework required by section eleven of this article;
(C) The authorization
status of all public charter schools within the last school year, identifying
all public charter schools as:
(i) Application pending;
(ii) Application denied;
(iii) Application
approved, but not yet operating;
(iv) Operating and years
of operation;
(v) Renewed and years of
operation;
(vi) Terminated;
(vii) Closed;
(viii) Never opened;
(ix) The authorizing
duties and functions provided by authorizers during the school year; and
(x) Any successful
innovations applied in authorized schools which may be replicated in other
schools. The report shall provide information about how noncharter public
schools may implement these innovations; and
(6) Make the annual
report to the state board available to the public and the Legislature at the
same time as it is submitted to the state board.
(c) Each authorizing
authority is responsible for exercising, in accordance with this article and
the policies of the Oversight and Authorizer Board, the following powers and
duties with respect to the oversight and authorization of public charter
schools:
(1) Issue and broadly
publicize requests for proposals pursuant to section nine of this article to
invite, solicit, encourage and guide the development of high-quality public
charter school applications;
(2) Receive and expend
appropriate gifts, grants and donations of any kind from any public or private
entity to carry out the purposes of this act, subject to all lawful terms and
conditions under which the gifts, grants or donations are given;
(3) Apply for any
federal funds that may be available for the implementation of public charter
school programs;
(4) 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;
(5) In the event that a
public charter school’s performance or legal compliance appears unsatisfactory,
promptly notify in writing the public charter school of perceived problems and
provide reasonable opportunity for the school to remedy the problems: Provided, That if the problem warrants
revocation, the revocation time frames will apply;
(6) 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;
(d) 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, consistent
with the performance framework.
(e) Regulation by the
state board, the Public Charter School Oversight and Authorizer Board and a
county board authorizer shall be limited to those powers and duties prescribed
in this article and all others prescribed by law, consistent with the spirit
and intent of this article.
§18-33-9. Request for proposals; content; demonstration
of support required for proposed conversion public charter school.
(a) Issuance. --
To invite, solicit, encourage and guide the development of high-quality public
charter school applications, the Public Charter School Oversight and Authorizer
Board shall issue and broadly publicize requests for proposals by June 30, 2018,
and by June 30 of each year thereafter.
The content and dissemination of the requests for proposals shall be
consistent with the purposes and requirements of this article.
(b) Content. --
The Public Charter School Oversight and Authorizer Board’s request for
proposals shall contain information set forth in this subsection.
(1) A request for
proposals shall present the Public Charter School Oversight and Authorizer
Board’s strategic vision for and interest in chartering.
(2) The Public Charter
School Oversight and Authorizer Board may give priority and may assign
additional points in evaluating proposals that expand opportunities for
children who are not realizing their full potential, who may be disaffected or
disengaged in their current education situations and who may be at risk of
failure academically, socially, economically or personally. The oversight and authorizer board may
encourage proposals that include a specific academic approach or theme to
address the diverse educational needs of communities in the state. A request for proposals shall include a clear
statement of any priority or preference.
Notwithstanding the statement of any priority or preference, each
application submitted shall be considered for approval based on the merits of
that particular application.
(3) A request for
proposals shall include or otherwise direct applicants to the performance
framework developed for public charter school oversight and evaluation in
accordance with section eleven of this article for incorporation in the charter
contract.
(4) A request for
proposals shall include the criteria and standards that will guide the decision
to approve or deny an application.
(5) A request for
proposals shall state clear, appropriately detailed questions as well as
guidelines concerning the format and content essential for applicants to
demonstrate the capacities necessary to establish and operate a successful
public charter school.
(6) A request for proposals
shall require applications to provide or describe thoroughly, at a minimum, all
of the following essential elements of the proposed public charter school plan:
(A) The proposed public
charter school’s vision, including:
(i) An executive
summary; and
(ii) The mission and
vision of the proposed public charter school, including identification of the
targeted student population and the community the school hopes to serve; and
(B) The proposed public
charter school’s governance plan, which shall include:
(i) A governing board
consisting of nine voting members, at least three of whom shall be parents of
children attending the public charter school and four nonvoting members as
follows: Two faculty members, elected by a majority vote of the school’s
faculty members; one service personnel, elected by a majority vote of all of
the school’s service personnel, and the school’s principal. The voting members
of the governing board shall collectively possess strong experience and
expertise in public and nonprofit governance, management and finance, public
school leadership, assessment, curriculum and instruction, public education law
and other areas applicable to any particular program, focus or academic
approach of the public charter school. All members of a governing board shall
have demonstrated understanding of and commitment to charter schooling as a
strategy for strengthening public education;
(ii) Proposed governing
bylaws which at least include good governing practices, provisions for the
election of officers and for the removal of board members, the school’s
organizational structure and lines of authority and reporting, the process for
board oversight and evaluation of the school’s academic and financial
performance, the election and
evaluation of the performance of the principal by the board, succession
planning, the selection of members, member training and self-evaluation of
member and board performance;
(iii) An organizational
chart that clearly presents the school’s organizational structure, including
lines of authority and reporting between the governing board, principal, staff
and any related bodies such as advisory bodies or parent and teacher councils;
(iv) A clear description
of the roles and responsibilities for the governing board, the principal and management
team and any other entities shown on the organization chart; and
(v) Identification of
and background information on the proposed founding governing board members
other than the principal, and any assurances or certifications required by the
authorizer;
(C) The proposed public
charter school’s plan of organization, including:
(i) The location or
geographic area of the school;
(ii) The grades to be
served each year for the full term of the charter;
(iii) Minimum, planned
and maximum enrollment per grade per year for the term of the charter;
(iv) The school’s
proposed calendar and sample daily schedule;
(v) Plans and timelines
for student recruitment and enrollment that demonstrate an outreach and
recruitment plan to ensure equal and open access for all students, including a
complete and cohesive description and timelines of the school’s lottery
procedures that support equal and open access for all students and will take
place in an open meeting;
(vi) Explanations of any
partnerships or contractual relationships central to the school’s operations or
mission;
(vii) The school’s
proposals for providing transportation, food service and other significant
operational or ancillary services;
(viii) A facilities
plan, including backup or contingency plans if appropriate; and
(ix) A detailed school
start-up plan, identifying tasks, timelines and responsible individuals; and
(D) The proposed public
charter school’s finances, including:
(i) A description of the
school’s financial plan and policies, including financial controls and audit
requirements;
(ii) Start-up and
three-year budgets with clearly stated assumptions;
(iii) Start-up and
first-year cash-flow projections with clearly stated assumptions;
(iv) Evidence of
anticipated fund-raising contributions, if claimed in the application; and
(v) A description of the
insurance coverage the school proposes to obtain, including a determination as
to whether the public charter school will elect to obtain insurance coverage
from the board of Risk and Insurance Management pursuant to section five-a,
article twelve, chapter twenty-nine of this code;
(E) The proposed public
charter school’s student policy, including:
(i) The school’s plans
for identifying and successfully serving students with the wide range of
learning needs and styles typically found in noncharter public schools of the
sending area, including special education and English language learners;
(ii) The school’s plans
for compliance with all applicable federal and state laws, rules and
regulations; and
(iii) The school’s
student discipline plans and policies, including those for special education
students;
(F) The proposed public
charter school’s academic program, including:
(i) A description of the
academic program the proposed charter school will use;
(ii) A description of
the school’s instructional design, including the type of learning environment,
such as classroom-based or independent study, class size and structure,
curriculum overview, teaching methods and research basis;
(iii) The school’s plan
for using internal and external assessments to measure and report student
progress on the measures and metrics of the performance framework required for
a charter contract; and
(iv) A description of cocurricular
or extracurricular programs and how they will be funded and delivered;
(G) The proposed public
charter school’s staff policy, including:
(i) A staffing chart for
the school’s first year and a staffing plan for the term of the charter;
(ii) Plans for
recruiting and developing school leadership and staff;
(iii) The school’s
leadership, teacher and service personnel employment policies, including
performance evaluation plans and method or methods of selection, subject to
subparagraph (iii), paragraph (B) of this subdivision; and
(v) Opportunities and
expectations for parent involvement; and
(H) The proposed public
charter school’s school closure protocol, including:
(i) Timely notification
to parents;
(ii) Orderly transition
of students and student records to new schools;
(iii) Proper disposition
of school funds, property, and assets in accordance with section twelve of this
article; and
(iv) Tasks, timelines
and responsible parties, including delineating the respective duties of the
school and the authorizer.
(7) With respect to an
application for a conversion public charter school, in addition to the other
requirements of this article, the request for proposals shall require
applicants to demonstrate support for the proposed conversion to a public
charter school by:
(A) Submitting a
petition for conversion signed by a majority of the employees of the school
proposed for conversion; and
(B) Submitting a
petition for conversion signed by a majority of the parents, guardians or
custodians of the students enrolled in the school proposed for conversion.
§18-33-10. Application for authorization of public
charter school; written notice of intent to apply; submission of application;
review process; approval or denial of authorization.
(a) No later than the
second Tuesday in January of the year in which an application will be filed,
the organizers of a proposed public charter school shall provide written notice
of their intent to establish the school to the Public Charter School Oversight
and Authorizer Board and the county board of the school district in which the
public charter school is proposed to be located. Failure to provide notice by this date may
result an application not being accepted.
(b) Applications for
authorization to establish a public charter school shall be submitted between
June 1 and July 1 to be eligible for consideration during the following fiscal
year: Provided, That the July 1
deadline may be waived upon agreement of the applicant and the authorizing
authority. An application for
authorization must satisfy the requirements of the Public Charter School
Oversight and Authorizer Board’s request for proposals required by section nine
of this article. The application shall
be submitted to the county board of the county in which the proposed public
charter school facility will be physically located if that county board is a
qualified authorizing authority or, if not, to the Public Charter School
Oversight and Authorizer Board. When an
application is submitted to the county board, a notice of application also
shall be submitted to the Public Charter School Oversight and Authorizer Board
on the date of submission to the county board.
(b) The purposes of the
application are to present the proposed public charter school’s academic and
operational vision and plans, demonstrate the applicant’s capacities to execute
the proposed vision and plans to increase student achievement and provide a
clear basis for assessing the applicant’s plans and capacities. The county board shall preliminarily assess
the application and, within thirty-days, determine whether it will proceed as
the authorizing authority or forward the application to the Public Charter
School Oversight and Authorizer Board.
(c) The application
review and evaluation process of the Public Charter School Oversight and
Authorizer Board, and of a county board that intends to proceed as the
authorizing authority, shall include a thorough evaluation of each application,
an in-person interview with the applicant, a thirty-day comment period and a
public hearing. In reviewing and evaluating applications, authorizers shall
employ procedures, practices, criteria and standards consistent with nationally
recognized principles and standards for authorizing high-quality public charter
schools. In deciding whether to approve
applications, authorizers shall:
(1) Grant authorization
only to applicants that have demonstrated competence in each element of the
Public Charter School Oversight and Authorizer Board’s published approval
criteria and who are likely to open and operate a public charter school that
will increase student achievement;
(2) Base decisions on
documented evidence collected through the application review process; and
(3) Follow
charter-granting policies and practices that are transparent, based on merit
and avoid conflicts of interest or any appearance of a conflict of interest.
(d) No later than ninety-days
after receipt of an application, the authorizer shall decide to approve or deny
the application in accordance with the following:
(1) Approve quality
charter applications that meet identified educational needs and promote a
diversity of educational choices. An
approval decision may include, if appropriate, reasonable conditions that the
applicant must meet before a charter contract may be executed, including
resubmission;
(2) Decline to approve
weak or inadequate charter applications.
If the authorizer denies an application, the authorizer shall clearly
state, for public record, its reasons for denial at the time of rendering the
decision to deny. An applicant may apply
again to that authorizer in response to a subsequent request for proposals;
(3) Make and announce
all charter approval or denial decisions in a meeting open to the public and
clearly stating in a resolution the reasons for the decisions; and
(4) Convey the decision
on an application in writing to the applicant.
(e) The applicant shall
be granted thirty-days to respond in writing to the decision before it becomes
final. The applicant shall be allowed to
provide the authorizing authority with such arguments and supporting
information as it sees fit, and the authorizing authority shall consider all
such timely submitted material prior to rendering a final determination. The authorizer shall render its final
determination within ten days of receiving the written response, arguments, and
supporting information.
(f) Within ten days of
taking final action to approve or deny an application, the authorizer shall
report the action it has taken to the applicant and to the oversight and
authorizer board or affected county board, as applicable. The authorizer shall at the same time provide
a copy of the report to the state superintendent. The state superintendent shall register the
charters approved by all chartering authorities in chronological order by date
of approval.
(g) An approved
application may not serve as a school’s charter contract nor may it be
incorporated by reference into the charter contract. An approved application is
an authorization to begin contract negotiations with the authorizer. A public
charter school may not commence or continue operations without a signed
contract between the authorizer and the governing board.
§18-33-11. Charter contracts; duties of authorizers;
terms; performance provisions; administrative provisions; processes for
modification and amendment.
(a) The authorizer has
the following powers and duties with respect to charter contracts:
(1) Negotiating and
executing sound charter contracts with the governing board of a public charter
school approved by the authorizer;
(2) Monitoring, in
accordance with the terms of the charter contract, the performance and legal
compliance of the public charter school; and
(3) Determining whether
the charter contract merits renewal, nonrenewal or revocation.
(b) Within thirty-days
of the approval of a public charter school application, the authorizer and the
governing board shall execute a charter contract. A charter contract shall be signed by a
designated representative of the authorizer and of the public charter school’s
governing board. A public charter school
may not commence operations without a charter contract executed in accordance
with this section and approved in a meeting open to the public. If the
authorizer and the governing board fail to agree upon the terms of or enter
into a contract within thirty-days of the approval of the application, either
party may appeal to the executive director of the Public Charter School
Oversight and Authorizer Board to finalize the terms of the contract. This
appeal must be made in writing to the executive director within forty-five days
of the approval of the application.
(c) A charter contract
shall, at a minimum, set forth the following:
(1) Any material term of
the charter application as determined by the parties to the contract;
(2) The mission
statement of the public charter school and how the school will report on
implementation of its mission;
(3) A statement of
admission policies and procedures;
(4) Signed assurances
from the public charter school’s governing board members regarding compliance
with all federal and state laws governing organizational, programmatic and
financial requirements applicable to charter schools;
(5) A detailed
description of how the authorizer will use any basic foundation program funding
that it charges the school pursuant to subsection (d), section six of this
article;
(6) The types and
amounts of insurance liability coverage to be obtained by the public charter
school;
(7) The term of the
charter contract. An initial charter
shall be granted for a term of five operating years. The charter term commences
on the public charter school’s first day of operation. An approved public charter school may delay
its opening for one school year in order to plan and prepare for the school’s
opening. If the public charter school
requires an opening delay of more than one school year, the public charter
school shall request an extension from its authorizer. The authorizer may grant
or deny the extension depending on the particular public charter school’s circumstances;
(8) Performance
provisions describing the academic and operational performance expectations and
measures by which the public charter school will be judged. The performance provisions of a charter
contract shall be based on a performance framework developed by the Public
Charter School Oversight and Authorizer Board that sets forth the academic and
operational performance indicators that will guide the authorizer’s evaluations
of each public charter school including, but not limited to, the following data
elements:
(A) Student academic
proficiency;
(B) Student academic
growth;
(C) Achievement gaps in
both proficiency and growth between major student subgroups;
(D) Attendance;
(E) Recurrent enrollment
from year to year;
(F) With respect to high
school, postsecondary readiness, including the percentage of graduates
submitting applications to postsecondary institutions, high school completion,
and postsecondary enrollment or employment;
(G) Financial
performance and sustainability;
(H) Governing board
performance and stewardship, including compliance with all applicable laws,
regulations and terms of the charter contract; and
(I) Parent and community
engagement.
(9) Annual performance
targets set by a public charter school and its authorizer that are designed to
help each school meet applicable federal and state requirements and authorizer
expectations. The performance framework
must allow the inclusion of additional rigorous, valid and reliable indicators
set by a public charter school and its authorizer to augment external
evaluations of its performance;
(10) The process and
criteria that the authorizer will use to annually monitor and evaluate the
fiscal, overall governance and student performance of the public charter
school, including a process to conduct annual site visits;
(11) The process the
authorizer will use to notify the charter school of any deficiencies and the
process by which the charter school may submit an improvement plan;
(12) Information needed
by the authorizer from the charter school governing board for the authorizer's
reports must be required and included as a material part of the charter
contract;
(13) Administrative
provisions articulating the administrative relationship between the authorizer
and the public charter school, including each party’s rights and duties. A public charter school may not be required
to purchase services from its authorizer as a condition of charter approval or
of executing a charter contract, nor may any such condition be implied. However, a public charter school may, at its
discretion, choose to purchase services from its authorizer. In such event, the public charter school and
authorizer shall execute an annual service contract, separate from the charter
contract, stating the parties’ mutual agreement concerning any services to be
provided by the authorizer and any service fees to be charged to the public
charter school.
(14) The agreed-upon
process for amending the approved charter contract;
(15) The processes
agreed to by the authorizer and the charter school that identifies how disputes
will be handled and resolved. The processes shall, at
a minimum, include:
(A) Written notice of the intent to
invoke the dispute resolution process, which notice shall include a description
of the matter in dispute;
(B) A time limit for response to the
notice and cure of the matter in dispute;
(C) A procedure for selection of a
neutral third party to assist in resolving the dispute if requested by either
party;
(D) A process for apportionment of any
costs related to the dispute resolution process; and
(E) A process for final resolution of
the issue reviewed under the dispute resolution process; and
(16) Any conditions set
by the authorizer and agreed to by the charter school to commence operations of
the school.
(d) The performance
provisions set forth in a charter contract shall include applicable federal
accountability requirements and state accreditation requirements that will
allow the state board to issue the public charter school a level of
accreditation pursuant to section five, article two-e of this chapter.
(e) The performance
provisions set forth in a charter contract may be refined or amended by mutual
agreement of the parties to the charter contract after the public charter
school is operating and has collected baseline achievement data for its
enrolled students.
(f) The performance
framework developed under this section shall require the disaggregation of all
student performance data by major student subgroups.
(g) The authorizer shall
collect, analyze and report all data from state assessments in accordance with
the performance framework for each charter school authorized by it. Multiple schools overseen by a single
governing board must report their performance as separate, individual schools,
and each school must be held independently accountable for its
performance.
(h) Each charter
contract shall contain specific language addressing the parameters under which
the authorizer may intervene, place a charter school on probationary status,
require a remedial action plan and potentially revoke authorization in the
event that the charter school is unwilling or unable to fulfill its
obligations. At a minimum, these parameters shall include the circumstances
involving poor fiscal management, lack of academic progress and operating in a
discriminatory manner. The failure of a
charter school to comply with the terms and conditions of a remedial action
plan may result in revocation of the school’s charter.
(i) The powers, obligations and
responsibilities set forth in a charter contract may not be delegated or
assigned by either party.
§18-33-12. Charter contract renewal; performance report
by authorizer and renewal guidance; renewal application; renewal term; nonrenewal
and revocation; closure and dissolution.
(a) No later than June
30 of a public charter school’s fourth year of operation under each five-year
term 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, based on the data collected under the performance framework in
section eleven of this article and the charter contract, 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. The school and the authorizer
shall mutually agree to a reasonable time period for the charter school to
respond to the performance report and submit any corrections for the report.
(b) If the public
charter school’s contract is expiring, the authorizer shall offer contract
renewal application guidance to the school.
The renewal application guidance required by this subsection 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 set forth in section eleven of this article, as set
forth in the charter contract and consistent with this article. 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.
(c) 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 under
subsection (b) of this section. The
authorizer shall rule in a public meeting and by resolution on the renewal
application no later than forty-five 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 and measures established in
the performance framework set forth in the charter contract;
(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 thirty-days to respond in writing to the
decision and public report before that decision becomes final. The school shall be allowed to provide the
authorizer with such arguments and supporting information as it sees fit, and
the authorizer shall consider all such timely submitted material prior to
rendering a final determination. The authorizer shall render its final
determination within ten days of receiving the schools written response,
arguments, and supporting information.
(d) Within ten days of
taking final action to renew, not renew or revoke 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 oversight and authorizer board or affected
county board, as applicable. A copy of
the report shall be submitted at the same time to the state superintendent.
(e) Notwithstanding any
provision to the contrary, the authorizer may not renew the contract of any
charter school that, during the school's final operating year under the term of
the charter contract, is given a failing level of accreditation by the state
board pursuant to section five, article two-e of this code;
(f) A charter contract
may be revoked at any time or not renewed if the authorizer determines that the
public charter school failed to comply with the provisions of this article or:
(A) Committed a material
violation of any of the terms, conditions, standards or procedures required under
this chapter or the charter contract;
(B) Failed to meet the
performance expectations set forth in the charter contract;
(C) Failed to meet
generally accepted standards of fiscal management; or
(D) Violated any
provision of law from which the school was not exempted.
(g) If an authorizer
revokes or does not renew a charter pursuant to subsection (f) of this section,
the authorizer shall clearly state in a resolution in a public meeting, the
reasons for the revocation or nonrenewal.
(h) If an authorizer revokes
or does not renew a charter, the county board of the district in which the
school is located shall close the school: Provided,
That when the charter is revoked or not renewed for a school that began as a
conversion public charter school or program conversion public charter school,
the county board may return it to noncharter public school status.
(i) If a public charter
school is closed by the county board, the board shall clearly state in a
resolution in a public meeting, the reasons for the closure.
(j) 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 Public Charter School Oversight and Authorizer 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.
§18-33-13. Miscellaneous.
(a) Notwithstanding any
provision of law to the contrary, to the extent that any provision of this
article is inconsistent with any other state or local law, rule or regulation,
the provisions of this article govern and are controlling.
(b) A charter contract
may include one or more schools to the extent approved by the authorizer and
consistent with applicable law: Provided,
That each public charter school that is part of a charter contract must be
separate and distinct from any others.
(c) A single governing
board may be issued one or more charter contracts. Each public charter school
operating under its own contract is a discrete legal entity, separate and
distinct from any others.
(d) The school district
in which the public charter school is located remains the local educational
agency for all public charter schools authorized by the county board and the
public charter school is a school within that local educational agency except
that the public charter school is treated as a local educational agency for
purposes of applying for competitive federal grants. The school district retains responsibility
for special education and serves students in public charter schools in a manner
consistent with local educational agency obligations under applicable federal,
state and local law and the charter contract.
(e) A public charter
school authorized by the Public Charter School Oversight and Authorizer Board
is a local education agency for all purposes.
(f) The county board
remains accountable in accordance with section five, article two-e of this
chapter for the performance of the public charter school authorized by it.
(g) No county board
shall require any employee of the local school district to be employed in a
charter school. No county board shall harass, threaten, discipline, discharge,
retaliate or in any manner discriminate against any district employee involved
directly or indirectly with an application to establish a charter school as
authorized under this section.
(h) A county board shall
not discriminate against a charter school in publicizing the district's
educational options through advertising, direct mail, availability of mailing
lists or other informational activities.
(i) All personnel in a
public charter school shall continue to accrue seniority with the county board
in the same manner that they would accrue seniority if employed in a noncharter
public school in the county for purposes of employment in noncharter public
schools.
CHAPTER 29.
MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 12. STATE
INSURANCE.
§29-12-5a. Liability
insurance for county boards of education, their employees and members, the
county superintendent of schools, and for employees and officers of the state
Department of Corrections.
(a) In accordance with the
provisions of this article, the State Board of Risk and Insurance Management
shall provide appropriate professional or other liability insurance for all
county boards of education, teachers, supervisory and administrative staff members,
service personnel, county superintendents of schools and school board members
and for all employees and officers of the State Department of Corrections:
Provided, That the Board of Risk and Insurance Management is not required
to provide insurance for every property, activity or responsibility of county
boards of education, teachers, supervisory and administrative staff members,
service personnel, county superintendents of schools and school board members
and for all employees and officers of the State Department of Corrections.
(b) Insurance provided by the
Board of Risk and Insurance Management pursuant to the provisions of subsection
(a) of this section shall cover claims, demands, actions, suits or judgments by
reason of alleged negligence or other acts resulting in bodily injury or
property damage to any person within or without any school building or
correctional institution if, at the time of the alleged injury, the teacher,
supervisor, administrator, service personnel employee, county superintendent,
school board member, or employee or officer of the Department of Corrections
was acting in the discharge of his or her duties, within the scope of his or
her office, position or employment, under the direction of the county board
of education or Commissioner of Corrections or in an official capacity as a
county superintendent or as a school board member or as Commissioner of
Corrections.
(c) Insurance coverage
provided by the Board of Risk and Insurance Management pursuant to subsection
(a) of this section shall be in an amount to be determined by the State Board
of Risk and Insurance Management, but in no event less than $1 million for each
occurrence. In addition, each county board of education shall purchase, through
the Board of Risk and Insurance Management, excess coverage of at least $5
million for each occurrence. The cost of this excess coverage will be paid by
the respective county boards of education. Any insurance purchased under this
section shall be obtained from a company licensed to do business in this state.
(d) The insurance policy
provided by the Board of Risk and Insurance Management pursuant to subsection
(a) of this section shall include comprehensive coverage, personal injury
coverage, malpractice coverage, corporal punishment coverage, legal liability
coverage as well as a provision for the payment of the cost of attorney's fees
in connection with any claim, demand, action, suit or judgment arising from
such alleged negligence or other act resulting in bodily injury under the
conditions specified in this section.
(e) The county
superintendent and other school personnel shall be defended by the county board
or an insurer in the case of suit, unless the act or omission shall not have
been within the course or scope of employment or official responsibility or was
motivated by malicious or criminal intent.
(f) This section applies only to those public charter
schools authorized pursuant to article thirty-three, chapter eighteen of this
code that have included in their approved charter application a determination
to obtain insurance coverage from the Board of Risk and Insurance Management
pursuant to this section. If a public charter school elects to obtain coverage
pursuant to this section:
(1) Any provision in this section
applicable to a county board of education also applies to a charter school
governing board;
(2) Any provision in this section
applicable to a school board member also applies to a member of a charter
school governing board; and
(3) Any provision of
this section applicable to teachers, supervisory and administrative staff
members and service personnel employed by a county board of education also
applies to teachers, supervisory or administrative staff members and service
personnel employed by a public charter school.
NOTE: The purpose of this bill is
to
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.
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