SB 63 — Creating Sustaining Opportunities for Academics in Rural Schools Act

and (C) May include a specific academic approach or theme including, but not limited to, approaches or themes such as STEM education, mastery-based education, early college, or fine and performing arts;

and (D) May include before school and/or after school programs as a part of the public charter school’s education program;

Enr SB 63 (5) 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, regulations, rules and policies.

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;

(6) 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 non-charter public schools.

If a public charter school does not sponsor an extracurricular athletic and/or academic interscholastic activity for the students enrolled in the public charter school, the public charter school students may participate on the same basis as other public school students in those activities that are sponsored by the non-charter public school serving the attendance area in which the student resides;

(7) 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:

Provided, That nothing in this subdivision prohibits the public charter school from contracting with another person or entity to employ personnel or to perform services relating to managing its employees’ participation in the retirement system or insurance plan.

A county board may not require any employee of its school system to be employed in a public charter school.

A county board may not harass, threaten, discipline, discharge, retaliate, or in any manner discriminate against any school system employee involved directly or indirectly with an application to establish a public charter school as authorized under this section.

All personnel in a public charter school who were previously employed by the county board shall continue to accrue seniority with the county board in the same manner that they would accrue seniority if employed in a non-charter public school in the county for purposes of employment in non-charter public schools;

and Enr SB 63 (8) Is responsible for establishing a staffing plan that includes the requisite qualifications and any associated certification and/or licensure that it determines necessary for teachers and other instructional staff to be employed at the public charter school and for verifying that these requirements are met.

(c) A public charter school authorized pursuant to this article is exempt from all statutes, state board policies, and rules applicable to a non-charter public school or board of education except the following unless otherwise specifically provided for in this article:

(1) All federal laws and authorities applicable to non-charter public schools in this state including, but not limited to, the same federal nutrition standards, the same civil rights, disability rights and health, life and safety requirements applicable to non-charter public schools in this state;

(2) The provisions of §29B-1-1 et seq.

of this code relating to freedom of information and the provisions of §6-9A-1 et seq.

of this code relating to open governmental proceedings;

(3) The same immunization requirements applicable to non-charter public schools;

(4) The same compulsory school attendance requirements applicable to non-charter public schools.

(A) When a parent or guardian withdraws a student from a public charter school and enrolls the child in a public school district of that county, the school district of the student’s county of residence becomes responsible to track the student for all purposes.

(B) When a parent or guardian withdraws a student from a public charter school and enrolls the child in another public charter school, home school, private school, learning pod, microschool, or out-of-state school, the receiving school or district becomes responsible to track the student for all purposes:

Provided, That the public charter school from which the student is withdrawing shall immediately provide the attendance director of the student’s county of residence with notification of withdrawal from the charter school by phone, electronically, or in writing.

Enr SB 63 (C) The written notification shall include, but is not limited to, the student’s name, WVEIS identification number, parent/guardian contact information, and the anticipated or actual withdrawal date.

(5) The same minimum number of days or an equivalent amount of instructional time per year as required of non-charter public school students under §18-5-45 of this code;

(6) The same student assessment requirements applicable to non-charter public schools in this state, but only to the extent that will allow the state board to measure the performance of public charter school students pursuant to §18-2E-5(d) and (e) of this code.

Any virtual public charter school may administer any required state assessment, if available, in a virtual setting utilizing remote proctoring that best meets the educational needs of the student.

The ratio for students to teachers shall be allowed up to 15 to one when utilizing remote proctoring during virtual testing.

Nothing precludes a public charter school from establishing additional student assessment measures that go beyond state requirements.

Public charter school teachers who are not certified or licensed in the state shall be permitted to proctor state assessments:

Provided, That the teacher has successfully completed the annual training to serve as proctor and the charter school maintains a list of all staff who have successfully completed that annual training.

(7) The Student Data Accessibility, Transparency, and Accountability Act pursuant to §18- 2-5h of this code;

(8) Use of the electronic education information system established by the West Virginia Department of Education for the purpose of reporting required information;

(9) Reporting information on student and school performance to parents, policy-makers, and the general public in the same manner as non-charter 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;

Enr SB 63 (10) 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 of schools within nine months of the end of the fiscal year for which the audit is performed;

(11) A criminal history check pursuant to §18A-3-10 of this code for any staff person that would be required if the person was employed in a non-charter 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 non-charter public schools in this state.

Contractors and service providers or their employees are prohibited from making direct, unaccompanied contact with students and 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 §18-5-15c of this code:

Provided, That nothing in this subdivision, including the reference to §18A-3-10 of this code, requires public charter school employees to be certified or licensed as a condition of employment in a public charter school.

A public charter school may, but is not required to, establish certification or licensure as a condition of employment by the school;

(12) The same zoning rules for its facilities that apply to non-charter public schools in this state;

(13) The same building codes, regulations and fees for its facilities that apply to non- charter public schools in this state, including any inspections required for non-charter public schools under this chapter and 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 Enr SB 63 (14) The same student transportation safety laws applicable to public schools when transportation is provided.

§18-5G-4.

West Virginia Board of Education;

powers and duties for implementation, general supervision, and support of public charter schools.

(a) The state board, along with the West Virginia Public Charter School Board established in §18-5G-15 of this code, shall establish and maintain a catalogue of best practices for public charter schools applicable for all applicants, authorizers, governing board members, and administrators that are consistent with this article 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) Providing transparency and avoiding all conflicts of interest;

(6) Ongoing public charter school oversight and evaluation;

and (7) Charter approval and renewal decisionmaking;

(b) The state board 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) Provide forms to promote the quality and ease of use for authorizers to solicit applications for public charter schools, for applicants to complete applications, and for establishing quality charter contracts that include a framework for performance standards.

The forms shall be available for use and solicitations made not later than the beginning of February 2020.

The forms shall include an application deadline of August 31st of the year prior to the beginning of operations for the proposed school year, or April 30th of the proposed school year in the case of a conversion public charter school or a program conversion public charter school;

Enr SB 63 (2) Provide training programs for public charter school applicants, administrators and governing board members, as applicable, that include, but are not limited to:

(i) Pre-application training programs and forms to assist in the development of high quality public charter school applications;

(ii) The required components and the necessary information of the public charter school application and the charter contract as set forth in this article;

(iii) The public charter school board’s statutory role and responsibilities;

(iv) Public charter school employment policies and practices;

and (v) Authorizer responsibilities for public charter school contract oversight and performance evaluation;

(3) 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;

(4) Apply for any federal funds that may be available for the implementation of public charter school programs;

(5) Establish reporting requirements that enable the state board to monitor the performance and legal compliance of authorizers and public charter schools;

(6) Establish a framework and procedures for interactions between public charter schools, public non-charter schools and county boards of education to facilitate cooperation for shared services, training and information and to ensure the prompt transfer of student records, including IEPs, so as to minimize the interruption of a student’s education when transferring between non- charter public schools and public charter schools;

and (7) Submit to the Governor and the Legislature an annual report within 60 days of the end of each school year summarizing:

(A) The student performance of all operating public charter schools;

and Enr SB 63 (B) 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 and reasons for denial;

(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;

and (ix) Any successful innovations applied in authorized public charter schools which may be replicated in other schools.

The report shall provide information about how non-charter public schools may implement these innovations.

(c) The state board shall be the authorizer of a public charter school when a county board or boards approve the application for a public charter school and requests the state board to perform the authorizer duties and responsibilities or when an application to form a public charter school or to renew a charter contract is submitted from an applicant within a county in which the state board has intervened and limited the power of the county board to act pursuant to §18-2E- 5 of this code.§18-5G-5.

State board rule relating to funding for public charter school enrollment and other necessary provisions;

local education agency status;

authorizer oversight fee.

(a) The state board shall promulgate a rule pursuant to the provisions of §29A-3B-1 et seq.

of this code setting forth requirements for public charter school funding.

The rule shall include a requirement that 99 percent of the per pupil total basic foundation allowance follow the student to the public charter school, subject to the following:

(1) Notwithstanding §18-9A-1 et seq.

of this code, the rule may provide for modifications to the calculations set forth in §18-9A-7 of this code regarding the allowance for student Enr SB 63 transportation and in §18-9A-9(1) of this code regarding the allowance for current expense for the purpose of making appropriate adjustments to those allowances to account for student transportation and current expense related funding a school district loses in situations where it pays money to a public charter school pursuant to this subsection without a corresponding decrease in the county’s transportation and current expense related expenditures;

(2) The rule shall designate which county school district is required to pay for a student attending a public charter school, and notwithstanding the terms in the definition of "net enrollment" in §18-9A-2 of this code, shall provide that the county school district paying for the student attending a public charter school have that student included in its net enrollment for the purposes of §18-9A-1 et seq.

of this code;

(3) When a student in grades kindergarten through 12 transfers on a full-time basis after the beginning of the school year from a school district to a public charter school, or vice versa, or to another public charter school, hereinafter referred to as entities, the following apply:

(A) If the student is included in the second month net enrollment for the purposes of §18- 9A-2 of this code, of the entity from which the student transferred, the entity to which the student transfers may invoice the entity from which the student transferred for the amount, determined on a pro rata basis, based on the amount required pursuant to subdivision (2) of this subsection for a student attending a public charter school;

(B) If the student is included in the second month net enrollment for the purposes of §18- 9A-2 of this code, of the entity from which the student transferred and is eligible for aid to exceptional students, the entity to which the student transfers may invoice the entity from which the student transferred for the amount, determined on a pro rata basis, of the aid to exceptional students due for that student;

(C) If the student is included in the certified child count of exceptional students for the school year of the entity from which the student transferred, the entity to which the student Enr SB 63 transfers may invoice the entity from which the student transferred for the amount, determined on a pro rata basis, due for that student in the certified child count of exceptional students;

and (D) Invoices issued pursuant to paragraphs (A), (B) and (C) of this subdivision shall be paid by the entity from which the student transferred within 30 days of receipt of the invoice;

and (4) The rule shall require the Department of Education to follow federal requirements in ensuring that federal funding follows the student to a public charter school.

(b) The state board may promulgate a rule in accordance with §29A-3B-1 et seq.

of this code, if necessary, for ensuring the accountability of public charter schools for meeting the standards for student performance required of other public school students under §18-2E-5 of this code and the accountability of authorizers for ensuring that those standards are met in the schools authorized by it.

If an authorizer fails to close a public charter school that does not meet the standards, the authorizer shall appear before the state board to justify its decision.

The state board may uphold or overturn the authorizer’s decision and may revoke the authority of the authorizer to authorize public charter schools.

(c) Any public charter school authorized pursuant to this article shall be treated and act as its own local education agency for all purposes except as needed under the provisions of the Public School Support Plan for funding purposes.

(d) To cover authorizer costs for overseeing public charter schools, the state board shall establish a statewide formula for authorizer oversight funding, which shall apply uniformly to every authorizer in the state.

Each public charter school shall remit to its respective authorizer an oversight fee.

The oversight fee shall be drawn from and calculated as a uniform percentage of the per pupil basic foundation allowance as provided pursuant to state board rule promulgated in accordance with this section, not to exceed one percent of each public charter school’s per- student funding in a single school year.

The state board may establish a sliding scale for authorizing funding, with the funding percentage decreasing after the authorizer has achieved a certain threshold, such as after a certain number of schools have been authorized or after a Enr SB 63 certain number of students are enrolled in the authorizer’s public charter schools.

The state board shall establish a cap on the total amount of funding that an authorizer may withhold from a full- time public charter school.

The state board shall annually review the effectiveness of the state formula for authorizer funding and shall adjust the formula if necessary to maximize public benefit and strengthen the implementation of this act.

(e) The state board shall promulgate a rule in accordance with §29A-3B-1 et seq.

of this code to clarify, if necessary, the requirements of this article and address any unforeseen issues that might arise relating to the implementation of the requirements of this article:

Provided, That nothing in this rule may conflict with this code.

The rule also shall include a provision prohibiting a county board from discrimination against any district employee involved directly or indirectly with an application to establish a public charter school under this article.

(f) All state board rules required to be promulgated by this article shall be promulgated on or before July 1, 2021.

The state board may file emergency rules if necessary to meet the July 1, 2021, deadline.

§18-5G-7.

Public charter school governing board.

(a) (1) To ensure compliance with this article, a public charter school shall be administered by a governing board accountable to the authorizer as set forth in the charter contract, except in the case of a conversion public charter school authorized by a public school of this state.

A public charter school governing board shall consist of no fewer than five members elected or selected in a manner specified in the charter application, including at least the following:

(A) Two parents of students attending the public charter school operating under the governing board;

and (B)Two members who reside in the community served by the public charter school.

(2) In the case of a conversion school authorized by a public school of this state, the governing board shall include the five elected county board members, as well as two members of the community as chosen by the county superintendent.

Enr SB 63 (b) Members of the governing board shall:

(1) Not be an employee of the public charter school administered by the governing board;

(2) Not be an employee of an education service provider that provides services to the public charter school, unless the services are provided by a state institution of higher education;

(3) File a full disclosure report to the authorizer identifying potential conflicts of interest, relationships with management organizations, and relationships with family members who are employed by the public charter school or have other business dealings with the school, the management organization of the school, or any other public charter school;

(4) Collectively possess expertise in leadership, curriculum and instruction, law, and finance;

and (5) Be considered an officer of a school district under the provisions of §6-6-7 of this code and removal from office shall be in accordance with the provisions of that section or by a vote of the governing board.

(c) The public charter school governing board shall:

(1) Operate under the oversight of its authorizer in accordance with its charter contract;

(2) As a public corporate body, have the powers necessary for carrying out the terms of its charter contract, including, but not limited to the power to:

(A) Receive and disburse funds for school purposes;

(B) Secure appropriate insurance and enter into contracts and leases;

(C) Contract with an education service provider, so long as the governing board retains final oversight and authority over the school;

(D) Pledge, assign, or encumber its assets to be used as collateral for loans or extensions of credit;

(E) Solicit and accept any gifts or grants for school purposes, subject to applicable laws and the terms of its charter;

and (F) Acquire real property for use as its facilities or facilities from public or private sources;

Enr SB 63 (3) Enroll students in the public charter school pursuant to §18-5G-11 of this code;

(4) Require any education service provider contracted with the governing board to provide a monthly detailed budget to the board;

and (5) Provide 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 public charter school shall deliver the services directly or contract with another provider to deliver the services.

(d) A public charter school authorized under this article may:

(1) Negotiate and contract with its authorizer or any third party for the use, operation, and maintenance of a building and grounds, liability insurance, and the provision of any service, activity, or undertaking that the public charter school is required to perform in order to carry out the educational program described in its charter contract.

Any services for which a public charter school contracts with a school district shall be provided by the district at cost and shall be negotiated as a separate agreement after final charter contract negotiations;

(2) Sue and be sued in its own name;

(3) Own, rent, or lease its space;

(4) Participate in cocurricular activities to the same extent as non-charter public schools;

and (5) Participate in extracurricular activities to the same extent as non-charter public schools.

(e) The public charter school governing board is responsible for the operation of its public charter school, including, but not limited to, ensuring compliance with the public charter school criteria, governance and statutory compliance set forth in §18-5G-3 of this code, the preparation of an annual budget, contracting for services, school curriculum, personnel matters, and achieving the objectives and goals of the public charter school’s program.

Enr SB 63 (f) The public charter school governing board shall comply with the provisions of §29B-1- 1 et seq.

of this code relating to freedom of information and the provisions of §6-9A-1 et seq.

of this code relating to open governmental proceedings.

(g) Notwithstanding anything else in this Code, when a state institution of higher education is an applicant and after its application is approved by an authorizer, the governing board of the public charter school may be an administrative unit of the state institution of higher education, and the governing board may enter into the charter contract on behalf of the state institution of higher education.

(a) To establish a new public charter school, to convert an existing non-charternoncharter public school to a public charter school or establish a program conversion public charter school, an applicant shall submit a charter application to an authorizer.

The West Virginia Professional Charter School Board may accept all types of applications.

Enr SB 63 (5) An explanation of how the school’s proposed program is likely to improve the achievement of traditionally underperforming students in the local school district;

(6) The proposed governance structure of the school, including a list of members of the initial governing board, a draft of bylaws that include the description of the qualifications, terms, and methods of appointment or election of governing board members, and the organizational Eng SB 63 structure of the school that clearly presents lines of authority and reporting between the governing board, school administrators, staff, any related bodies such as advisory bodies or parent and teacher councils, and any external organizations that will play a role in managing the school;

Enr SB 63 (13) A description of the facilities to be used by the public charter school, including the location of the school and how the facility supports the implementation of the school’s program.

Eng SB 63 (15) The school calendar and school day schedule;

Enr SB 63 (21) A description of cocurricular and extracurricular programs to be offered by the public charter school and how they will be funded and delivered;

and Eng SB 63 (25) The public charter school’s plan for parental involvement.

(1) Evidence of success in serving student populations similar to the targeted population, including demonstrated academic achievement as well as successful management of non-nonacademic academic school functions, if applicable;

Enr SB 63 (10) Investment disclosure;

(d) IfA a currently authorized public charter school inmay goodsubmit standingto with its authorizer seeks to establish a secondproposed locationamendment orto campus,any theinformation publicin charterits school may submit an abbreviated Eng SB 63 application toat itsany authorizertime forand the secondauthorizer locationmay approve or campusreject which is only required to include the informationproposed setamendment. forth in §18-5G-8(b)(13), §18-5G-8(b)(16), and §18-5G-8(b)(23) of this code.

(e) If a currently authorized public charter school in good standing with its authorizer seeks to establish a second location or campus, the public charter school may submit an abbreviated application to its authorizer for the second location or campus which is only required to include the information set forth in §18-5G-8(b)(13), §18-5G-8(b)(16), and §18-5G-8(b)(23) of this code.

(f) A rural in-person public charter school may be established by its rural charter school governing board under the sponsorship of a public charter school or county school board to serve eligible students.

If the sponsoring public charter school is in good standing with its authorizer, the application submitted to establish the rural in-person public charter school may be in an abbreviated form and is only required to include the information required of a currently authorized public charter school applying to establish a second location or campus pursuant to §18-5G-8(d) of this code.

All provisions of this article that are not contrary to this section apply to a rural in- person public charter school.

(a) This section may be cited as the "SustainingSustaining Opportunities for Academics in Rural Schools Act"Act or the SOAR Act.

(b) The purpose of this act is to supportprovide rural communities bywith ensuringan additional option to maintain continued access to local schools, preventingprevent unnecessaryconsolidation consolidation,where andthere providingis financialadequate community support, and provide structural support to in-personrural communities to explore public charter schoolsEnr servingSB geographically63 remoteschool areas.conversion in an expedited manner when a community public school is proposed to be closed.

(c) AsIf useda county board chooses to close a school they shall identify the following in thisthe section:impact statement:

"Eligible(1) student"If meansthe anycounty studentboard residingof ineducation aplans rural area where the commute to themaintain nearest non-charter public school exceeds 45 minutes by bus, as determined by the statefacility superintendent.for use;

"Ruraland charter(2) schoolIf governing board" means the entitycounty responsibleboard forplans establishing and governing a rural in-person public charter school, initially consisting of an ad hoc committee formed pursuant to subsectionoffload (i)(2) to establish the schoolproperty and,through upondonation, itsauction, opening,or transitioningany toother away, permanentallowed governingby boardlaw. constituted pursuant to subsection (i)(3) to manage its operation and accountability.

"Sponsoring(d) publicSubject charterto school"subsection means(2) anof existingthis section, upon the closure approval by the West Virginia Board of Education, within 90 days, a public charter school thatmay electssubmit an application to supportthe andcounty overseeboard ato ruralopen in-persona SOAR charter schoolin underthe thisclosing act.school.

"RuralShould in-personan publicapplication charterbe school"submitted meansduring athe school90-day establishedperiod, inthe acounty remoteboard areashall tonot serveoffload eligible students, operating under the authorityproperty. of and as an extension of a sponsoring public charter school.

(d)County Aboards ruralshall in-personprovide publicthe charterright schoolof mayfirst berefusal establishedto bya itsproposed ruralSOAR charterCharter schoolsubject governingto board under the sponsorshipfollowing ofprovisions: a public charter school to serve eligible students.

If(1) theProposed sponsoringSOAR publicCharter charterapplications schoolshall isbe insubmitted goodwithin standingthe with90-day itswindow, authorizer,any the application submittedoutside toof establish the ruraltime in-personperiod public charter school may be inconsidered annull abbreviated form and isvoid. only Eng SB 63 required to include the information required of a currently authorized public charter school applying to establish a second location or campus pursuant to §18-5G-8(d) of this code.

AllFurther: provisions of this article that are not contrary to this section apply to a rural in-person public charter school.

(e)(A) UnderApplications a support agreement, a sponsoring public charter school shall provideinclude administrativethe andauthorizing operationalentity; support to a rural in-person public charter school, including, but not limited to:

(1)(B) LegalApplications andshall regulatorybe compliance,submitted actingto as the "parent"county institutionboard toof streamlineeducation approvalfor processes.approval:

AsProvided, parthowever, ofThat thisin support, the sponsoringevent publicof chartermultiple schoolapplications, shall represent the ruralPublic in-person public charter school in all matters before the West Virginia Professional Charter School Board,Board including,shall butselect not limited to, applying for authorization, charter contract approvals, funding distributions under subsection (g), and complianceapprove monitoring, unless the ruralmost in-personappropriate publicand charterviable schooloption; is in a transition phase as described in subsection (i)(6) of this section.

Duringand such(C) aApplications transitionshall phase,include eithera theproviso currentensuring sponsoringthe publictransfer charterof school or the proposedproperty futureoccurs sponsoringas-is publicand charterdetails schoolof maywhat provideportions representation,of as determined by the ruralproperty in-personshall publicbe chartertransferred. school’s permanent governing board;

(2) FinancialUpon andreceipt businessof operations,applications includingthe payroll,county accountsboard receivableof andeducation payable,shall insurance,negotiate and legalenter services;into a contract with the approved applicant detailing agreed upon terms.

andDetails (3)of Curricularthe resources,contract remoteshall learninginclude options,but andare professionalnot developmentlimited forto: local educators.

(f)(A) AAgreed countyupon boardtimelines; and rural charter school governing board may by joint agreement designate an official attendance area for a rural in-person public charter school which would automatically assign students in that area to the school.

Ifand agreed,(B) theAgreed countyupon boardproperties shallto assumebe responsibilitytransferred, forincluding transportationreal and may,personal atproperty, itsas discretion,well chooseas toany either:necessary easements.

(1)Enr ProvideSB direct63 student(e) transportationUpon toan approved SOAR Charter application, the ruralSOAR in-personCharter publicshall chartertake school;effect no earlier than August 1 of the authorizing year:

orProvided, EngThat SB 63 (2) Reimburse the sponsoringSOAR publicCharter charterand schoolcounty orboard thecan ruralagree in-personto publica charterlater school,date asin applicable,the foragreed transportationupon servicescontract. provided.

Pursuant(f) toUpon thisthe subsection,agreed adate, countythe boardSOAR fromCharter anshall adjacentbe countyresponsible alsofor mayall enterproperties intotransferred, anincluding agreement with the ruralinsurability charterthereof. school governing board to extend transportation services and establish an attendance area within its jurisdiction.

(g) EachCounty sponsoringboards publicof chartereducation school shall receivenot thebe per-pupilresponsible fundingfor pursuantany toproperty §18-5G-5transferred of this code and, in addition to that funding and subject to appropriation, a supplementalSOAR amountCharter forSchool after the sponsoringtransfer publichas charteroccurred. school’s services, as follows:

(1)(h) TheNothing per-pupilin funding provided pursuant to §18-5G-5 of this codesection for each eligible student enrolled in the rural in-person public charter school, which shall be disbursedconstrued byto theforce sponsoringa publiccounty charterboard schoolfrom exclusivelyceasing forlegally therequired benefitstaffing ofplans theand ruralother in-personrequirements publicrequired charterby schoollaw andregarding usedschool onlyclosure. for the following expenses:

Payroll,(i) insurance,Nothing facilityherein maintenance,shall extracurricularbe activities,construed andto otherprevent operationala costsconversion directlycharter relatedschool tofrom theentering ruralinto in-persona publiccontract charterwith school’san educationaleducation mission;service provider, subject to the approval of the authorizer.

(2)(j) SubjectThe tostate appropriation,board amay supplementalpromulgate amountrules distributedpursuant from the West Virginia Professional Charter School Board equal to $2,500§29A-3B-1 peret studentseq. enrolled in the rural in-person public charter school to cover added costs for services provided by the sponsoring public charter school under this section, which the sponsoring public charter school shall retain for its administrative and operational support services;

(3)of Thethis sponsoringcode publicto charterprovide schoolguidance shallon maintain a separate account for the per-implementation pupil funding provided pursuant to §18-5G-5 of this code,section. into which such funds shall be deposited and from which disbursements for the rural in-person public charter school shall be made.

Unspent§18-5G-19. funds in this account shall roll over from year to year and may be used for capital expenditures, irregular maintenance, and purchases such as equipment, desks, and other durable goods necessary for the rural in-person public charter school’s operations.

IfHigher appropriationseducation toinstitution the West Virginia Professional Charter School Board for the supplemental funding are insufficient to Eng SB 63 compensate all sponsoring public charter schoolsmicroschool; the $2,500 per student, the board shall request a supplemental appropriation in an amount sufficient to compensate all sponsoring public charter schools pursuant to this subsection;

(4) The sponsoring public charter school shallassistance enter into an agreement with the rural in- person public charter school, subject to approvallearning bypods the West Virginia Professional Charter School Board, detailing the disbursement of the per-pupil funding provided pursuant to §18-5G-5 of this code for the expenses specified in subdivision (1) of this subsection and themicroschools. management of the separate account, including the use of rolled-over funds for capital expenditures, irregular maintenance, and purchases such as equipment and desks.

The(a) sponsoringAn publicinstitution charterof schoolhigher shalleducation submitmay anapply annualto financialan reportauthorizer pursuant to thethis Westarticle Virginiato Professionalestablish Charteran Schoolon-campus Board,public itemizingcharter themicroschool disbursementor ofa per-pupilblended fundingprogram, towhich theincludes ruralin- in-personperson publicor chartervirtual school,instruction, thebut balancemay ofnot thebe separatea account,full-time andvirtual thecharter useschool, ofwhich anyare rolled-overrequired funds,to verifyingmeet thatthe fundsmicroschool wererelated disbursedrequirements andof used§18-8-1 asof required by this subsection.code.

The(b) WestAny Virginiapublic Professionalcharter Charterschool, Schoolincluding Boardone shallthat monitoris complianceaffiliated andwith mayan withholdinstitution the supplemental funding of $2,500higher pereducation, studentmay frompartner anywith sponsoringlearning publicpods charterand schoolmicroschools thatcreated failspursuant to maintain§18-8-1 theof separatethis account,code disburseto theprovide per-pupilinstruction fundingon-campus as required by this subsection, or usevirtually suchto fundingthose forlearning purposespods otheror thanmicroschools. those specified.

(h)Enr SB 63 The stateClerk boardof shallthe promulgateSenate rulesand pursuantthe toClerk §29A-3B-1of etthe seq.House of Delegates hereby certify that the foregoing bill is correctly enrolled.

of............................................................... this code that address:

(1)Clerk Implementation of thisthe section;Senate ...............................................................

(2)Clerk Administration of the fundsHouse requiredof toDelegates beOriginated distributedin to sponsoring public charter schools for the benefitSenate. of rural in-person public charter schools;

(3)In Monitoringeffect compliancefrom withpassage. this section and the rules required by this subsection;

and............................................................... (4) Ensuring the effective operation of the rural in-person public charter schools.

(i)President Governance of ruralthe in-personSenate public............................................................... charter schools.

EngSpeaker SBof 63 (1) Each rural in-person public charter school established under this section shall have a separate governing board, distinct from the governingHouse board of theDelegates sponsoring__________ publicThe charterwithin school,is responsible................................................ for its management, operation, and accountability.

Thethis establishmentthe........................................... of the rural in-person public charter school shall proceed in two stages:

anDay initialof ad..........................................................................................................., hoc2026. committee followed by a permanent governing board.

(2)............................................................. The initial governance of the rural in-person public charter school shall be undertaken by an ad hoc committee formed by individuals seeking to establish the school.

ThisGovernor committee23 shall:

(A) Negotiate with one or more potential sponsoring public charter schools to develop the support agreement under subsection (e) and secure sponsorship for the rural in-person public charter school;

(B) Submit the proposed charter contract, including the support agreement, to the authorizer of the selected sponsoring public charter school (county board or West Virginia Professional Charter School Board) for approval pursuant to §18-5G-8 of this code;

(C) Not be required to meet the composition criteria for the permanent governing board specified in subdivision (3) of this subsection, but its members may not be employees of any potential sponsoring public charter school.

(3) Upon approval of the charter contract and within 90 days of the rural in-person public charter school’s opening, the ad hoc committee shall transition to a permanent governing board consisting of five members, constituted as follows:

(A) At least two members shall be parents of students enrolled in the rural in-person public charter school;

(B) At least one member shall be a resident of the community served by the rural in-person public charter school, who may or may not be a parent of an enrolled student;

Eng SB 63 (C) Two additional members, who may or may not meet the criteria in paragraph (A) or (B), provided that no member of the governing board may be an employee of the rural in-person public charter school or the sponsoring public charter school;

(D) If a county board designates an official attendance area for the rural in-person public charter school pursuant to subsection (f), the county superintendent of schools or their designee shall be entitled to one of the five seats on the governing board, replacing one of the members under paragraph (C).

In such case, the initial board shall consist of four members until the superintendent or designee is appointed.

(4) The ad hoc committee, in collaboration with the selected sponsoring public charter school, shall propose the initial members of the permanent governing board and the selection process as part of the support agreement under subsection (e), subject to approval by the authorizer.

The selection process may include appointment by the ad hoc committee, election by parents or community members in the rural area served, or a combination thereof.

Subsequent vacancies on the permanent governing board shall be filled according to the process established in the support agreement.

(5) The permanent governing board shall assume responsibility for the charter contract with the authorizer, consistent with §18-5G-6 of this code, specifying its duties and the terms of operation for the rural in-person public charter school.

All real and personal property acquired for or by the rural in-person public charter school, including, but not limited to, facilities, equipment, and supplies, shall be the property of the rural in-person public charter school and managed by its permanent governing board, notwithstanding the support relationship with the sponsoring public charter school.

Property acquired during the ad hoc committee phase shall transfer to the rural in-person public charter school upon its establishment.

(6) The permanent governing board shall comply with all applicable provisions of §18-5G- 6 of this code, including public accountability requirements, and shall coordinate with the sponsoring public charter school to ensure the effective delivery of services under subsection (e).

Eng SB 63 The rural in-person public charter school’s permanent governing board may propose a change in its sponsoring public charter school pursuant to rules promulgated by the state board under subdivision (8) of this subsection.

During the transition phase of changing a sponsoring public charter school, the permanent governing board shall designate whether the current or proposed future sponsoring public charter school shall represent the rural in-person public charter school before the West Virginia Professional Charter School Board, as provided in subsection (e)(1).

(7) The permanent governing board of the rural in-person public charter school shall have the authority to make personnel decisions, including, but not limited to, hiring, evaluation, promotion, and termination of teachers, administrators, and other staff employed by the rural in- person public charter school:

Provided, That all such personnel decisions shall be subject to approval by the governing board of the sponsoring public charter school.

The sponsoring public charter school shall not unreasonably withhold approval, and all personnel decisions for the rural in-person public charter school shall conform to the same standards or criteria applied by the sponsoring public charter school to personnel in similar positions within its own operations.

The permanent governing board shall document its personnel decisions and submit them to the sponsoring public charter school for review and approval in a manner specified in the support agreement under subsection (e).

(8) The West Virginia Professional Charter School Board shall promulgate rules pursuant to §29A-3B-1 et seq.

of this code to provide guidance on the establishment and operation of rural in-person public charter school governing boards, including procedures for the transition from the ad hoc committee to the permanent governing board, the selection of permanent board members, the management of property owned by the rural in-person public charter school, and a process by which a rural in-person public charter school may change its sponsoring public charter school if the support relationship becomes untenable.

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