West Virginia 2023 Regular Session Status: Enacted

SB 453 — Ensuring retirement contributions and delinquency charges of charter school employees be paid upon school closure or by successor

Last action — Chapter 129, Acts, Regular Session, 2023

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 24, 2023. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

92 added · 92 removed

Plain-language change summary

The updated version of Bill SB 453 makes several revisions to the language around how charter schools operate and report their activities. It clarifies the responsibilities of charter school authorizers, ensuring they negotiate contracts in good faith and require annual reports from each charter school they oversee. These changes aim to enhance transparency and accountability, which is important for ensuring that charter schools are meeting educational and financial standards and ultimately improving student outcomes.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Senate Bill 453 BYSENATORNELSON ANHUNT [Originating in the Committee on Pensions;
WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Committee Substitute for Senate Bill 453 By Senators Nelson and Hunt [Passed March 06, 2023;
reported on February 9, 2023] CS for SB 453 A BILL to amend and reenact §18-5G-6 and §18-5G-10 of the Code of West Virginia, 1931, as amended, all relating to public charter schools;
in effect 90 days from passage] Enr CS for SB 453 AN ACT to amend and reenact §18-5G-6 and §18-5G-10 of the Code of West Virginia, 1931, as amended, all relating to public charter schools;
CS for SB 453 (6) Negotiate and execute in good faith a charter contract with each public charter school it authorizes;
1 Enr CS for SB 453 (6) Negotiate and execute in good faith a charter contract with each public charter school it authorizes;
The authorizer shall provide its decision in writing, including an explanation stating the reasons for approval or denial of its decision during an open CS for SB 453 meeting.
The authorizer shall provide its decision in writing, including an explanation stating the reasons for approval or denial of its decision during an open 2 Enr CS for SB 453 meeting.
CS for SB 453 (k) Notwithstanding any provision of this code to the contrary, no civil liability shall attach to an authorizer or to any of its members or employees for any acts or omissions of the public charter school.
3 Enr CS for SB 453 (k) Notwithstanding any provision of this code to the contrary, no civil liability shall attach to an authorizer or to any of its members or employees for any acts or omissions of the public charter school.
Neither Except to the extent the provisions of §5-10D-11 or §5-10D-13 of this code may be applicable relating to successor liability for, and collection of, delinquent retirement contributions, neither the county board of education nor the State of West Virginia shall be liable for the debts or financial obligations of a public charter school or any person or entity that operates a public charter school.
Except to the extent the provisions of §5-10D-11 or §5-10D-13 of this code may be applicable relating to successor liability for, and collection of, delinquent retirement contributions, neither the county board of education nor the State of West Virginia shall be liable for the debts or financial obligations of a public charter school or any person or entity that operates a public charter school.
These criteria and standards shall be based on the CS for SB 453 statutoryrequirements ofthis act andthe charter contract.
These criteria and standards shall be based on the 4 Enr CS for SB 453 statutory requirements of this act and the charter contract.
(1) Ground its decisions on a thorough analysis of evidence of the school’s performance over the term of the charter contract in accordance with the terms set forth in the charter contract, annual performance reports and any required financial audits;
(1) Ground its decisions on a thorough analysis of evidence of the school’s performance over the term of the charter contract in accordance with the terms set forth in the charter contract, annual performance reports, and any required financial audits;
The governing board shall be allowed to provide the authorizer with such arguments and supporting information as it sees fit, and also shall be granted an opportunity for a recorded public hearing, CS for SB 453 at the request of the governing board.
The governing board shall be allowed to provide the authorizer with such arguments and supporting information as it sees fit, and shall be granted an opportunity for a recorded public hearing, at the 5 Enr CS for SB 453 request of the governing board.
(f) A charter contract may be not renewed Renewal of a charter contract may be denied if the authorizer determines that the health and safety of students attending the public charter school is threatened or, at such time following the process set forth in this section, if the public charter school has:
(f) Renewal of a charter contract may be denied if the authorizer determines that the health and safety of students attending the public charter school is threatened or, at such time following the process set forth in this section, if the public charter school has:
Provided, That when the charter is revoked or not renewed for a school that began as CS for SB 453 a conversion public charter school or program conversion public charter school, the county board of the district in which the school is located may return it to noncharter public school status.
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 of the district in which the school is located may return it to noncharter public school status.
(h) A charter contract may be revoked at any time if the authorizer determines that the health and safety of students attending the public charter school is threatened, if an administrator employed by or member of the governing board over the charter school is convicted of fraud or misappropriation of funds, if there is a failure to meet generally accepted standards of financial management, if there is a material breach of the charter contract, there is a substantial violation of any provision of law from which the public charter school is not exempted, or if there are dire and chronic academic deficiencies.
6 Enr CS for SB 453 (h) A charter contract may be revoked at any time if the authorizer determines that the health and safety of students attending the public charter school is threatened, if an administrator employed by or member of the governing board over the charter school is convicted of fraud or misappropriation of funds, if there is a failure to meet generally accepted standards of financial management, if there is a material breach of the charter contract, there is a substantial violation of any provision of law from which the public charter school is not exempted, or if there are dire and chronic academic deficiencies.
and (2) Distributing the assets of the public charter school first to satisfy outstanding payroll obligations to and required payments to retirement systems on behalf of for employees of the public charter school and then to creditors of the public charter school.
and (2) Distributing the assets of the public charter school first to satisfy outstanding payroll obligations to and required payments to retirement systems on behalf of employees of the public charter school and then to creditors of the public charter school.
(j) If a public charter school is subject to closure or transition, following exhaustion of any appeal allowed under §18-5G-13 of this code, an authorizer may remove at will at any time any or all of the members of the board of directors of the public charter school in connection with CS for SB 453 ensuring a smooth and orderly closure or transition.
(j) If a public charter school is subject to closure or transition, following exhaustion of any appeal allowed under §18-5G-13 of this code, an authorizer may remove at will at any time any or all of the members of the board of directors of the public charter school in connection with ensuring a smooth and orderly closure or transition.
If the authorizer removes members of the board of directors such that the board of directors can no longer function, the authorizer shall be empowered to take any further necessary and proper acts connected with closure or transition of the public charter school in the name and interest of the public charter school.
If the authorizer removes members of the board of directors such that the board of directors can no longer function, the authorizer shall be 7 Enr CS for SB 453 empowered to take any further necessary and proper acts connected with closure or transition of the public charter school in the name and interest of the public charter school.
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Action History

  1. Chapter 129, Acts, Regular Session, 2023

  2. Approved by Governor 3/23/2023

  3. Approved by Governor 3/23/2023 - House Journal

  4. Approved by Governor 3/23/2023 - Senate Journal

  5. To Governor 3/9/2023 - House Journal

  6. To Governor 3/9/2023

  7. House Message received

  8. Completed legislative action

  9. Communicated to Senate

  10. Passed House (Roll No. 508)

  11. Read 3rd time

  12. On 3rd reading, Special Calendar

  13. Read 2nd time

  14. On 2nd reading, Special Calendar

  15. Read 1st time

  16. On 1st reading, Special Calendar

  17. Do pass

  18. To House Finance

  19. Do pass, but first to Finance

  20. To House Pensions and Retirement

  21. To Pensions and Retirement then Finance

  22. Introduced in House

  23. Ordered to House

  24. Passed Senate (Roll No. 200)

  25. Read 3rd time

  26. On 3rd reading

  27. Read 2nd time

  28. Returned to calendar by Rules Committee

  29. Removed from calendar by Rules Committee

  30. Laid over on 2nd reading 2/13/2023

  31. On 2nd reading

  32. Read 1st time

  33. On 1st reading

  34. Committee substitute reported

  35. To Pensions

  36. Reported do pass, but first to Pensions

  37. To School Choice

  38. Introduced in Senate

  39. To School Choice then Pensions

  40. Filed for introduction

Sponsors

  • Nelson · Primary
  • Hunt · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 150 not signed on

Sponsors (1)

  • Nelson

Co-sponsors (1)

  • Hunt

Not signed on (150)

150 members have not signed on to this bill.

Show all 150 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 15001
Unaffiliated 17000
Democrat 1000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
MARONEY — Yea
STOVER — Yea
MARTIN — Yea
STUART — Yea
BOLEY — Yea
SWOPE — Yea
CAPUTO — Yea
NELSON — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
HAMILTON — Yea
HUNT — Yea
JEFFRIES — Yea
SMITH — Yea
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Ben Queen Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Yea
Mike Azinger Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Not Voting
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Vince Deeds Republican Yea

Official roll call →

Subjects

labor education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 453?
SB 453 is sponsored by Nelson and Hunt.
What is the current status of SB 453?
This bill has been enacted into law. Introduced January 24, 2023. Enacted.
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