WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Committee Substitute for Senate Bill 453 BYSENATORNELSONBy ANHUNTSenators [OriginatingNelson inand theHunt Committee[Passed onMarch Pensions;06, 2023;
reportedin oneffect February90 9,days 2023]from passage] Enr CS for SB 453 AAN BILLACT 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;
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 2 Enr CS for SB 453 meeting.
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.
These criteria and standards shall be based on the 4 Enr CS for SB 453 statutoryrequirementsstatutory ofthisrequirements of this act andtheand 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 reportsreports, 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, at the 5 Enr CS for SB 453 at the 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:
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.
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.
(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.
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.