West Virginia 2021 Regular Session Status: Enacted 2 R cosponsors

HB 2012 — Relating to public charter schools

Last action — Chapter 98, Acts, Regular Session, 2021

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

This bill has been enacted into law. Introduced February 10, 2021. Enacted.

Prognosis

Advancing 50% · 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.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Failed a recorded vote

    Failed 1 recorded vote so far — a real headwind.

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

45 added · 33 removed

Plain-language change summary

The amendment to Bill HB 2012 introduces a new title and expands the regulations around public charter schools in West Virginia. Key changes include specifying the number of charter schools that can be authorized, requiring an audit of the program two years after the first school opens, and allowing both public and private organizations to serve as education service providers. These updates are significant because they aim to improve oversight and flexibility within the charter school system, ensuring better accountability and potential for growth.

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HB2012 SFA #1 SYPOLT 2-26 Hager  7871   Senator Sypolt moved to amend the Education Committee amendments on page one, by striking out the amendment on page two, section one, lines thirty-four and thirty-five in its entirety;
HB2012 SFAT #1 RUCKER 3-1 Hager  7871   Senator Rucker moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:
On page two, by striking out the amendment on page twenty, section ten, line seventy-six and inserting in lieu thereof the following:
Eng.
after the word “threatened”, by inserting a comma and the words “an administrator employed by or member of the governing board over the charter school is convicted of fraud or misappropriation of funds, there is a failure to meet generally accepted standards of financial management, there is a material breach of the charter contract, there is a substantial violation of any provision of law from which the public charter school is not exempted, or there are dire and chronic academic deficiencies”;
Com.
On page two, by striking out the following amendment:
Sub.
on page twenty-six, section fourteen, line six, after the word “year” by changing the semicolon to a colon and inserting the following proviso:
for House Bill 2012—A Bill to amend and reenact §18-5G-1, §18-5G-2, §18-5G-4, §18-5G-5, §18-5G-6, §18-5G-9, §18-5G-10, and §18-5G-11 of the Code of West Virginia, 1931, as amended;
“Provided, That a statewide virtual public charter school shall enroll no more than 1,500 students total before July 1, 2024;”;
and to amend said code by adding thereto three new sections, designated §18-5G-13, §18-5G-14, and §18-5G-15, all relating to public charter schools;
And, On page two, in the amendment on page twenty-six, section fourteen, lines nineteen through twenty-two, by striking out all of subdivision (5) and inserting in lieu thereof a new subdivision (5) to read as follows:
amending provisions pertaining to the number of public charter schools that may be authorized;
(5)  When enrolling a student who may require special education services, the same obligations apply to a virtual public charter school as applies to all other public charter schools.  Enrollment shall not be denied or delayed on the basis of a disability and the charter school shall convene an Individualized Education Program (IEP) meeting after admission to ensure that the school develops an appropriate IEP in accordance with all of the requirements set forth in the Individuals with Disabilities Education Act (IDEA).
requiring the Legislative Auditor to conduct an audit of the public charter school program two years after the first public charter school commences operations;
      Adopted Rejected
amending process applicable when an applicant applies to two or more county boards to authorize a public charter school;
allowing the West Virginia Professional Charter School Board to authorize public charter schools;
clarifying that an education service provider can be public or private and nonprofit or for-profit;
defining “full-time virtual public charter school” and “West Virginia Professional Charter School Board”;
amending provisions pertaining to revocation of a charter contract;
amending timeline for charter school application and beginning operations;
requiring public charter schools to be treated and act as their own local education agency for all purposes;
specifying exception;
prohibiting anything in certain State Board of Education rule from conflicting with code;
setting deadline for certain State Board of Education rules;
amending provisions pertaining to the charter contract;
amending provisions pertaining to the renewal of a charter contract;  creating a process by which to appeal certain authorizer decisions to the West Virginia Board of Education;
setting forth parameters under which the Professional Charter School board and county boards may authorize a limited number of virtual public charter schools;
addressing virtual public charter school enrollment limits, charter term, funding, enrollment of students who may require special education services, governing body training, student absence, instructional time requirements, requirements that are applicable to the traditional deliver of instruction, student orientation, data demonstrating progress toward graduation, requirements relating to student engagement and teacher responsiveness, a policy regarding failure to participate in instructional activities, educational placement upon student transfer, virtual charter schools enrolling students in grades six and below, and application of  requirements to certain other virtual instructional program;
establishing the West Virginia Professional Charter School Board;
providing for members, appointments, removal, immunity from civil liability in certain instances, appointment of executive director, employment of staff, and reimbursement of certain expenses;
limiting how official actions of nonvoting ex officio members may be construed;
requiring the Professional Charter School Board to investigate certain complaints and allowing it to conduct or cause to be conducted certain audits;
and making technical improvements and corrections.
      Adopted Rejected    
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Action History

  1. Chapter 98, Acts, Regular Session, 2021

  2. Approved by Governor 3/11/21 - House Journal

  3. Approved by Governor 3/11/21- - Senate Journal

  4. Approved by Governor 3/11/21

  5. To Governor 3/5/21 - House Journal

  6. To Governor 3/5/21 - Senate Journal

  7. To Governor 3/5/21

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. House concurred in Senate amendment and passed bill (Roll No. 68)

  12. House received Senate message

  13. Senate requests House to concur

  14. Rucker Title amendment adopted

  15. Education Title amendment withdrawn by unanimous consent

  16. Passed Senate (Roll No. 56)

  17. Read 3rd time

  18. Romano Floor amendment rejected (Roll No. 55)

  19. On 3rd reading with right to amend

  20. Romano Floor amendment withdrawn by unanimous consent

  21. Romano Floor amendment reported

  22. Baldwin Floor amendment rejected (Roll No. 44)

  23. Committee Amendment as amended adopted (Roll No. 43)

  24. Sypolt's Amendment to committee amendment adopted (Roll No. 42)

  25. Education Committee Amendments Reported

  26. Read 2nd time

  27. On 2nd reading

  28. Read 1st time

  29. On 1st reading

  30. Reported do pass, with amendments and title amendment

  31. To Education

  32. To Education

  33. Introduced in Senate

  34. Communicated to Senate

  35. Passed House (Roll No. 17)

  36. Read 3rd time

  37. On 3rd reading, Special Calendar

  38. Amendment rejected (Roll No. 13)

  39. Amendment rejected (Roll No. 12)

  40. Amendment adopted (Voice vote)

  41. Amendment rejected (Roll No. 11)

  42. Amendment rejected (Roll No. 10)

  43. Amendment adopted (Voice vote)

  44. Read 2nd time

  45. On 2nd reading, Special Calendar

  46. Read 1st time

  47. On 1st reading, Special Calendar

  48. By substitute, do pass

  49. To House Education

  50. Introduced in House

  51. To Education

  52. Filed for introduction

Sponsors

  • Smith · Primary
  • Wayne Clark · Cosponsor
  • Laura Kimble · Cosponsor
  • Higginbotham · Cosponsor
  • Wamsley · Cosponsor
  • Espinosa · Cosponsor

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 146 not signed on

Sponsors (1)

  • Smith

Co-sponsors (5)

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"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

Subjects

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Frequently asked questions

Who sponsors HB 2012?
HB 2012 is sponsored by Smith, Wayne Clark (Republican), Laura Kimble (Republican), Higginbotham, Wamsley, and Espinosa.
What is the current status of HB 2012?
This bill has been enacted into law. Introduced February 10, 2021. Enacted.
Where can I track HB 2012?
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