West Virginia 2026 Session Status: Introduced 1 R cosponsors

SB 67 — Relating to public charter schools

Last action — Markup Discussion

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

This bill died with 2026 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Relating to public charter schools

Bill Text

What changed in the latest version

407 added · 410 removed

Plain-language change summary

The updated version of Bill SB 67 adds provisions that give charter schools the right of first refusal to purchase unused public school buildings and outlines funding for teachers who do not participate in state retirement plans. Additionally, it clarifies the process for students transferring back to public schools from virtual charter schools. These changes are significant as they aim to enhance the resources available for charter schools and streamline processes, potentially improving educational opportunities for students.

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CS for SB 67 WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Senate Bill 67 By Senators Rucker, Helton, and Willis [Reported February 13, 2026, from the Select Committee on School Choice;
WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Committee Substitute for Senate Bill 67 BYSENATORR UCKE, ELTO,ANDWILLIS [Reported March 2, 2026, from the Committee on Finance] CS for CS for SB 67 A BILL to amend and reenact §18-5G-3, §18-5G-4, §18-5G-5, §18-5G-7, §18-5G-8, §18-5G-12, §18-5G-14, §18-9A-6a, and §18-9A-24 of the Code of West Virginia, 1931, as amended;
] CS for SB 67 A BILL to amend and reenact §18-5G-3, §18-5G-4, §18-5G-5, §18-5G-7, §18-5G-8, §18-5G-12, §18-5G-14, §18-9A-6a, and §18-9A-24, of the Code of West Virginia, 1931, as amended;
(5) Are 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 1 CS for SB 67 groups as may be made by the U.
(5) Are 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 CS for CS for SB 67 such groups as may be made by the U.
(7) Do not charge full-time tuition and may only charge such tuition or fees as may be imposed by noncharter public schools in this state, such as for part-time Hope Scholarship enrollment or for participation in student activities.
(7) Do not charge full-time tuition and may only charge such tuition or fees as may be imposed by non-charter public schools in this state, such as for part-time Hope Scholarship enrollment or for participation in student activities.
(8) Have no requirements that would exclude any child from enrollment who would not be excluded at a noncharter public school.
(8) Have no requirements that would exclude any child from enrollment who would not be excluded at a non-charter public school.
programs into its educational program, institutions of higher education may not impose any requirements on the public charter school that are not required of noncharter public schools;
programs into its educational program, institutions of higher education may not impose any requirements on the public charter school that are not required of non-charter public schools;
(B) May include in its mission a specific focus on students with special needs, including, but not limited to, at-risk students, English language learners, students with severe disciplinary 2 CS for SB 67 problems at a noncharter public school, or students involved with the juvenile justice system;
CS for CS for SB 67 (B) May include in its mission a specific focus on students with special needs, including, but not limited to, at-risk students, English language learners, students with severe disciplinary problems at a non-charter public school, or students involved with the juvenile justice system;
No part of the education program of a public charter school is subject to regulation as a childcare facility;
No part of the education program of a public charter school is subject to regulation as a child care facility;
(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 noncharter public schools.
(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 noncharter public school serving the attendance area in which the student resides;
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;
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.
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 CS for CS for SB 67 employees’ participation in the retirement system or insurance plan.
A county 3 CS for SB 67 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.
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 noncharter public school in the county for purposes of employment in noncharter public schools;
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;
(c) A public charter school authorized pursuant to this article is exempt from all statutes, state board policies, and rules applicable to a noncharter public school or board of education except the following unless otherwise specifically provided for in this article:
(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 noncharter 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 noncharter public schools in this state;
(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;
(3) The same immunization requirements applicable to noncharter public schools;
(3) The same immunization requirements applicable to non-charter public schools;
(4) The same compulsory school attendance requirements applicable to noncharter 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.
CS for CS for SB 67 (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.
4 CS for SB 67 (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:
(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:
(B)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.
(B) 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 noncharter public school students under §18-5-45 of this code;
(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 noncharter 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.
(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.
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.Public charter school teachers shall be permitted to proctor state assessments whether the teachers are certified or licensed or not.
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 CS for CS for SB 67 training.Public charter school teachers shall be permitted to proctor state assessments whether the teachers are certified or licensed or not.
(7) The Student Data Accessibility, Transparency and Accountability Act pursuant to §18- 2-5h of this code;
(7) The Student Data Accessibility, Transparency, and Accountability Act pursuant to §18- 2-5h of this code;
5 CS for SB 67 (8) Use of the electronic education information system established by the West Virginia Department of Education for the purpose of reporting required information;
(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 noncharter public schools utilizing the electronic format established by the West Virginia Department of Education.
(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.
(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 noncharter public school, unless a criminal history check has already been completed for that staff person pursuant to that section.
(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 noncharter public schools in this state.
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.
Provided, That nothing in this subdivisions, 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.
CS for CS for SB 67 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.
6 CS for SB 67 (12) The same zoning rules for its facilities that apply to noncharter public schools in this state;
(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 noncharter public schools in this state, including any inspections required for noncharter 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;
(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;
(6) Ongoing public charter school oversight and evaluation;
CS for CS for SB 67 (6) Ongoing public charter school oversight and evaluation;
and (7) Charter approval and renewal decision-making;
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 7 CS for SB 67 schools:
(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:
The forms shall be available for use and solicitations made not later than the beginning of February, 2020.
The forms shall be available for use and solicitations made not later than the beginning of February 2020.
(4) Apply for any federal funds that may be available for the implementation of public charter school programs;
CS for CS for SB 67 (4) Apply for any federal funds that may be available for the implementation of public charter school programs;
8 CS for SB 67 (6) Establish a framework and procedures for interactions between public charter schools, public noncharter 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 noncharter public schools 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;
The report shall provide information about how noncharter public schools may implement these innovations.
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 9 CS for SB 67 of this code.§18-5G-5.
CS for CS for SB 67 (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.
authorizer oversight fee.(a) The state board shall promulgate a rule pursuant to the provisions of §29A-3B-1 et seq.
authorizer oversight fee.
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(a) The state board shall promulgate a rule pursuant to the provisions of §29A-3B-1 et seq.
(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;
CS for CS for SB 67 (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;
10 CS for SB 67 (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;
(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) 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.
CS for CS for SB 67 (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 11 CS for SB 67 authorizer in the state.
(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.
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 establish a cap on the total amount of funding that an authorizer may withhold from a full- time public charter school.
§18-5G-7.
CS for CS for SB 67 §18-5G-7.
Public Charter school governing board.
Public charter school governing board.
A public charter school governing board shall consist of no fewer than five members elected or selected in 12 CS for SB 67 a manner specified in the charter application, including at least the following:
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:
(2) In the case of a conversion school authorized by a public school of this state, the governing board shall include the Superintendent and one member of the elected county board of education in addition to the two members of the community, as well as a member who is a parent of a child enrolled in that school.
(2) In the case of a conversion school authorized by a public school of this state, the governing board shall include the superintendent and one member of the elected county board of education in addition to the two members of the community, as well as a member who is a parent of a child enrolled in that school.
(c) The public charter school governing board shall:
CS for CS for SB 67 (c) The public charter school governing board shall:
13 CS for SB 67 (B) Secure appropriate insurance and enter into contracts and leases;
(B) Secure appropriate insurance and enter into contracts and leases;
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;
Any services for which a public charter CS for CS for SB 67 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;
(4) Participate in cocurricular activities to the same extent as noncharter public schools;
(4) Participate in cocurricular activities to the same extent as non-charter public schools;
and 14 CS for SB 67 (5) Participate in extracurricular activities to the same extent as noncharter 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 §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.
(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.
(f) The public charter school governing board shall comply with the provisions of §29B-1-1 et seq.
(f) The public charter school governing board shall comply with the provisions of §29B-1- 1 et seq.
(a) To establish a new public charter school, to convert an existing noncharter 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.
(a) To establish a new public charter school, to convert an existing non-charter 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.
(b) The application shall contain, at a minimum, the following information:
CS for CS for SB 67 (b) The application shall contain, at a minimum, the following information:
15 CS for SB 67 (3) The student achievement goals for the public charter school’s program and the chosen methods of evaluating whether students have attained the skills and knowledge specified for those goals;
(3) The student achievement goals for the public charter school’s program and the chosen methods of evaluating whether students have attained the skills and knowledge specified for those goals;
(10) Acknowledgement that the public charter school will participate in the state’s accountability system;
CS for CS for SB 67 (10) Acknowledgement that the public charter school will participate in the state’s accountability system;
(11) A proposed handbook that outlines the personnel policies of the public charter school, including the criteria to be used in the hiring of qualified teachers, school administrators, and other 16 CS for SB 67 school employees, a description of staff responsibilities, and the school’s plan to evaluate personnel on an annual basis;
(11) A proposed handbook that outlines the personnel policies of the public charter school, including the criteria to be used in the hiring of qualified teachers, school administrators, and other school employees, a description of staff responsibilities, and the school’s plan to evaluate personnel on an annual basis;
(A) Shall include adequate insurance for liability, property loss, and the personal injury of students comparable to noncharter public schools within the local school district operated by the county board;
(A) Shall include adequate insurance for liability, property loss, and the personal injury of students comparable to non-charter public schools within the local school district operated by the county board;
(18) Process and procedures to be followed in the case of the closure or dissolution of the public charter school, including provisions for the transfer of students and student records to the appropriate local school district and an assurance and agreement to payment of net assets or equity after payment of debts;
CS for CS for SB 67 (18) Process and procedures to be followed in the case of the closure or dissolution of the public charter school, including provisions for the transfer of students and student records to the appropriate local school district and an assurance and agreement to payment of net assets or equity after payment of debts;
17 CS for SB 67 (19) A code of ethics for the school setting forth the standards of conduct expected of its governing board, officers, and employees;
(19) A code of ethics for the school setting forth the standards of conduct expected of its governing board, officers, and employees;
(3) Documentation of and explanation for any actions taken, legal or otherwise, against any of its public charter schools for academic, financial, or ethical concerns;
CS for CS for SB 67 (3) Documentation of and explanation for any actions taken, legal or otherwise, against any of its public charter schools for academic, financial, or ethical concerns;
18 CS for SB 67 (5) The annual proposed fees and other amounts to be paid to the education service provider;
(5) The annual proposed fees and other amounts to be paid to the education service provider;
and (12) Disclosure and explanation any existing or potential conflicts of interest between the governing board and the proposed education service provider or any affiliated business entities.
and (12) Disclosure and explanation of existing or potential conflicts of interest between the governing board and the proposed education service provider or any affiliated business entities.
(c) During the term of the lease, the charter school is solely responsible for the direct expenses related to the public facility lease, including utilities, insurance, maintenance, repairs, and remodeling.
CS for CS for SB 67 (c) During the term of the lease, the charter school is solely responsible for the direct expenses related to the public facility lease, including utilities, insurance, maintenance, repairs, and remodeling.
19 CS for SB 67 (a) In this subdivision, (1) "Unused school facility" means a school building owned by a county school district that:
(a) In this subsection, (1) "Unused school facility" means a school building owned by a county school district that:
(c) On January 1, 2027, and on July 1 every year thereafter, the superintendent of each county school district shall report to the department of education each unused school facility, underutilized property, and vacant property owned by the county school district.
CS for CS for SB 67 (c) On January 1, 2027, and on July 1 every year thereafter, the superintendent of each county school district shall report to the department of education each unused school facility, underutilized property, and vacant property owned by the county school district.
20 CS for SB 67 (1) The address or location of each building and the total square footage of, and the number of classrooms in, each school building;
(1) The address or location of each building and the total square footage of, and the number of classrooms in, each school building;
(2) For each building, the portion of the total square footage that is used by the LEA for direct instruction to students in pre-kindergarten through grade twelve (pre-K-12), or any combination thereof;
(2) For each building, the portion of the total square footage that is used by the LEA for direct instruction to students in pre-kindergarten through grade 12 (pre-K-12), or any combination thereof;
(3) For each building, the enrollment capacity and the number of students in pre- kindergarten through grade twelve (pre-K-12), or any combination thereof, receiving academic instruction in the building;
(3) For each building, the enrollment capacity and the number of students in pre- kindergarten through grade 12 (pre-K-12), or any combination thereof, receiving academic instruction in the building;
and (4) If a building is not used by the LEA for direct academic instruction for students in pre- kindergarten through grade twelve (pre-K-12), or any combination thereof, the manner in which the school building is used, including whether the building is vacant or is being used for administration, storage, or professional development.
and (4) If a building is not used by the LEA for direct academic instruction for students in pre- kindergarten through grade 12 (pre-K-12), or any combination thereof, the manner in which the school building is used, including whether the building is vacant or is being used for administration, storage, or professional development.
(d) A county school district shall offer an unused school facility or vacant property to a public charter school for purchase or lease at or below fair market value, and shall offer an underutilized property with less than 50% utilization to a public charter school for lease at or below fair market value, as follows:
(d) A county school district shall offer an unused school facility or vacant property to a public charter school for purchase or lease at or below fair market value, and shall offer an underutilized property with less than 50 percent utilization to a public charter school for lease at or below fair market value, as follows:
(2) If the offer to purchase or lease is accepted, the entity selling or leasing the unused school facility or underutilized property shall notify the department of education who shall notify all approved public charter schools in this state, as listed on the department of education's website, of the contract to purchase or lease such facility.
CS for CS for SB 67 (2) If the offer to purchase or lease is accepted, the entity selling or leasing the unused school facility or underutilized property shall notify the department of education who shall notify all approved public charter schools in this state, as listed on the department of education's website, of the contract to purchase or lease such facility.
The notice provided to the public charter school shall contain clear language that such facility is available to any approved public charter school in this state only, and shall list the offering entity’s name and location, the square footage of such 21 CS for SB 67 facility, the contact information of the offering entity’s representative, and the expiration date of the right of first refusal which shall be no earlier than 60 days after the date of the notification to the public charter school.
The notice provided to the public charter school shall contain clear language that such facility is available to any approved public charter school in this state only, and shall list the offering entity’s name and location, the square footage of such facility, the contact information of the offering entity’s representative, and the expiration date of the right of first refusal which shall be no earlier than 60 days after the date of the notification to the public charter school.
(5) If two or more public charter schools notify the offering entity indicating an interest in the unused facility to lease or purchase, the offering entity shall make the final selection of the purchaser or lessee.
CS for CS for SB 67 (5) If two or more public charter schools notify the offering entity indicating an interest in the unused facility to lease or purchase, the offering entity shall make the final selection of the purchaser or lessee.
If a public charter school leases the entire facility, the public charter school may incur debt to make improvements to the facility, and the offering entity 22 CS for SB 67 shall subordinate its interest in the lease to such debt.
If a public charter school leases the entire facility, the public charter school may incur debt to make improvements to the facility, and the offering entity shall subordinate its interest in the lease to such debt.
Such offer shall be governed by the procedures set forth in paragraphs (d), (e), and (f) of this subdivision.
Such offer shall be governed by the procedures set forth in subsections (d), (e), and (f) of this section.
The State Auditor is authorized to promulgate rules, for the administration of this subdivision (i).
The State Auditor is authorized to promulgate rules for the administration of this subsection.
(a) Virtual public charter schools may be authorized pursuant to this article.
CS for CS for SB 67 (a) Virtual public charter schools may be authorized pursuant to this article.
Attendance to a virtual public 23 CS for SB 67 charter school authorized by a county board is limited to students within the primary recruitment area identified in the application.
Attendance to a virtual public charter school authorized by a county board is limited to students within the primary recruitment area identified in the application.
(7) A virtual public charter school student, to the extent the charter contract allows or requires instruction to occur outside of a school building, is not required to be physically present in a school building or classroom;
CS for CS for SB 67 (7) A virtual public charter school student, to the extent the charter contract allows or requires instruction to occur outside of a school building, is not required to be physically present in a school building or classroom;
(9) For a virtual public charter school student, neither the school district nor the student, to 24 CS for SB 67 the extent the program as delineated in the charter contract is a learn at your own pace program, as defined in the contract, is required to comply with the instructional term requirement set forth in §18-45-5 of this code or any other law or state board rule requiring a student to be receiving instruction for any set time;
(9) For a virtual public charter school student, neither the school district nor the student, to the extent the program as delineated in the charter contract is a learn at your own pace program, as defined in the contract, is required to comply with the instructional term requirement set forth in §18-45-5 of this code or any other law or state board rule requiring a student to be receiving instruction for any set time;
(12) Virtual charter schools must provide, in a manner agreed to in the charter contract, data demonstrating student progress toward graduation.  Measurement of such progress shall account for specific characteristics of each enrolled student, including but not limited to age and course credit accrued prior to enrollment in educational instruction and course content that are delivered primarily over the internet pursuant to enrollment, and shall be consistent with evidence- based best practices.
(12) Virtual charter schools must provide, in a manner agreed to in the charter contract, data demonstrating student progress toward graduation.
Measurement of such progress shall account for specific characteristics of each enrolled student, including but not limited to age and course credit accrued prior to enrollment in educational instruction and course content that are CS for CS for SB 67 delivered primarily over the internet pursuant to enrollment, and shall be consistent with evidence- based best practices.
(13) (A) For the purposes of this section, “instructional activities” means the following classroom-based or nonclassroom-based activities that a student is expected to complete, participate in, or attend during any given school day:
(13) (A) For the purposes of this section, “instructional activities” means the following classroom-based or non-classroom-based activities that a student is expected to complete, participate in, or attend during any given school day:
25 CS for SB 67 (iv) Testing;
(iv) Testing;
(C) If a student is transferred under this section, the virtual charter school shall coordinate directly with the school district of residence on the appropriate educational placement for the student in the district.
CS for CS for SB 67 (C) If a student is transferred under this section, the virtual charter school shall coordinate directly with the school district of residence on the appropriate educational placement for the student in the district.
(b) None of the requirements of this section applies to virtual instruction programs created 26 CS for SB 67 pursuant to §18-5F-1 et seq.
(b) None of the requirements of this section applies to virtual instruction programs created pursuant to §18-5F-1 et seq.
Higher education institution public charter mjcroschool;
Higher education institution public charter microschool;
unfunded liabilityallowance.
unfunded liability allowance.
all salary equity appropriations authorized in §18A-4-5 of this code;
all salary equity appropriations authorized in §18A-4- 5 of this code;
and such amounts as are to be paid by the counties pursuant to §18A-4-5a and §18A- 4-5b of this code to the extent such county salary supplements are equal to the amount distributed for salary equity among the counties, multiplied by the average retirement contribution rate for each county board.
and such amounts as are to be paid by the counties pursuant to §18A-4-5a and CS for CS for SB 67 §18A-4-5b of this code to the extent such county salary supplements are equal to the amount distributed for salary equity among the counties, multiplied by the average retirement contribution rate for each county board.
27 CS for SB 67 (c) In addition to the teachers retirement fund allowance provided for in subsection (a) of this section, there shall be an allowance for the reduction of any unfunded liability of the teachers retirement fund in accordance with the following provisions of this subsection.
(c) In addition to the teachers retirement fund allowance provided for in subsection (a) of this section, there shall be an allowance for the reduction of any unfunded liability of the teachers retirement fund in accordance with the following provisions of this subsection.
(d) (1) If a public charter school elects to participate in the Teachers' Retirement System and Teacher's Defined Contribution Retirement plans provided by the Consolidated Public Retirement Board, the West Virginia Department of Education shall calculate the amount of retirement funding that is attributable to the students enrolled in the public charter school and provide an allocation on behalf of the public charter school directly to the Consolidated Public Retirement Board in the same manner in which the allocations are provided to the Consolidated Public Retirement Board on behalf of the county boards of education, at 99 percent of the allocation.
CS for CS for SB 67 (d) (1) If a public charter school elects to participate in the Teachers' Retirement System and Teacher's Defined Contribution Retirement plans provided by the Consolidated Public Retirement Board, the West Virginia Department of Education shall calculate the amount of retirement funding that is attributable to the students enrolled in the public charter school and provide an allocation on behalf of the public charter school directly to the Consolidated Public Retirement Board in the same manner in which the allocations are provided to the Consolidated Public Retirement Board on behalf of the county boards of education, at 99 percent of the allocation.
(2) If a public charter school does not elect to participate in the Teachers' Retirement System and Teachers Defined Contribution retirement plans, an allocation shall be made directly to the public charter school distributed in the same manner as those districts participating in the 28 CS for SB 67 Teachers' Retirement System and Teachers' Defined Contribution retirement plans, at 99 percent of the allocation.
(2) Effective July 1, 2026, If a public charter school does not elect to participate in the Teachers' Retirement System and Teachers Defined Contribution retirement plans, an allocation shall be made directly to the public charter school distributed in the same manner as those districts participating in the Teachers' Retirement System and Teachers' Defined Contribution retirement plans, at 50 percent of the allocation:
Provided, That effective July 1, 2027, an allocation shall be made directly to the public charter school distributed in the same manner as those districts participating in the Teachers' Retirement System and Teachers' Defined Contribution retirement plans, at 99 percent of the allocation.
The number of individuals employed by county boards as professional educators pursuant to section four of this article, plus the number of individuals employed by county boards as service personnel pursuant to section five of this article, plus the number of individuals employed by county boards as professional student support personnel pursuant to section eight of this article, multiplied by the average premium rate for all county board of education employees established by the Public Employees Insurance Agency Finance Board.
The number of individuals employed by county boards as professional educators pursuant to §18-9A-4 of this code, plus the number of individuals employed by county boards as service personnel pursuant to §18-9A-4, plus the number of CS for CS for SB 67 individuals employed by county boards as professional student support personnel pursuant to section eight of this article, multiplied by the average premium rate for all county board of education employees established by the Public Employees Insurance Agency Finance Board.
The average premium rate for all county board of education employees shall be incorporated into each financial plan developed by the Finance Board in accordance with section five, article sixteen, chapter five of this code.
The average premium rate for all county board of education employees shall be incorporated into each financial plan developed by the finance board in accordance with §5-16-5 of this code.
The premiums shall include any proportionate share of retirees subsidy established by the Finance Board and the difference, if any, between the previous year's actual premium costs and the previous year's appropriation, if the actual cost was greater than the appropriation.
The premiums shall include any proportionate share of retirees subsidy established by the finance board and the difference, if any, between the previous year's actual premium costs and the previous year's appropriation, if the actual cost was greater than the appropriation.
Each county board shall reflect its share of the payment as revenue on its financial statements to offset its expense for the employer annual required contribution, as defined in article sixteen-d, chapter five of this code.
Each county board shall reflect its share of the payment as revenue on its financial statements to offset its expense for the employer annual required contribution, as defined in §5-16D-1 et seq.
(b) Notwithstanding any other provision of §5-16D-6 of this code to the contrary, any amount of employer annual required contribution allocated and billed to county boards on or after 29 CS for SB 67 July 1, 2012, and any amount of the employer annual required contribution allocated and billed to the county boards prior to that date for employees who are employed as professional employees within the limits authorized by section four of this article, employees who are employed as service personnel within the limits authorized by §18-9A-5, et seq., and employees who are employed as professional student support personnel within the limits authorized by section eight of this article, shall be charged to the state:
of this code.
(b) Notwithstanding any other provision of §5-16D-6 of this code to the contrary, any amount of employer annual required contribution allocated and billed to county boards on or after July 1, 2012, and any amount of the employer annual required contribution allocated and billed to the county boards prior to that date for employees who are employed as professional employees within the limits authorized by section four of this article, employees who are employed as service personnel within the limits authorized by §18-9A-5 et seq., and employees who are employed as professional student support personnel within the limits authorized by section eight of this article, shall be charged to the state:
(c) County boards are liable for the employer annual required contribution allocated and billed to the county boards on or after July 1, 2012, and any amount of the employer annual required contribution allocated and billed to the county boards prior to that date for individuals who are employed as professional employees above and beyond those authorized by section four of this article, individuals who are employed as service personnel above and beyond those authorized by section five of this article and individuals who are employed as professional student support personnel above and beyond those authorized by section eight of this article.
(c) County boards are liable for the employer annual required contribution allocated and billed to the county boards on or after July 1, 2012, and any amount of the employer annual CS for CS for SB 67 required contribution allocated and billed to the county boards prior to that date for individuals who are employed as professional employees above and beyond those authorized by section four of this article, individuals who are employed as service personnel above and beyond those authorized by section five of this article and individuals who are employed as professional student support personnel above and beyond those authorized by section eight of this article.
Funds appropriated to county boards pursuant to this article shall not be CS for SB 67 used to pay employer premiums for employees of such boards whose positions are not, or will not be within twenty months, funded by funds appropriated pursuant to this article.
Funds appropriated to county boards pursuant to this article shall not be used to pay employer premiums for employees of such boards whose positions are not, or will not be within twenty months, funded by funds appropriated pursuant to this article.
(2) If a public charter school does not elect to participate in Public Employee Insurance Agency, an allocation shall be made directly to the public charter school, distributed in the same manner as those school districts participating in Public Employee Insurance Agency, at 99 percent of the allocation.
(2) Effective July 1, 2026, If a public charter school does not elect to participate in Public Employee Insurance Agency, an allocation shall be made directly to the public charter school, distributed in the same manner as those school districts participating in Public Employee CS for CS for SB 67 Insurance Agency, at 50 percent of the allocation:
NOTE:
Provided, That effective July 1, 2027, an allocation shall be made directly to the public charter school distributed in the same manner as those districts participating in Public Employee Insurance Agency, at 99 percent of the allocation.
The purpose of this bill is to allow authorization and funding of alternative high-risk population public charter schools;
32
provide eligibility requirements to be an alternative high- risk population public charter school;
specify which students are included as "high risk";
require West Virginia Board of Education rule setting forth requirements for alternative high- risk population charter school funding;
allow an institution of higher education to apply to an authorizer to establish virtual or on-campus public charter microschools;
allow any public charter school to partner with learning pods and microschools to provide instruction to those learning pods and microschools;
and make other changes to the public charter school law.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
31
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Action History

  1. Filed for introduction

  2. To School Choice

  3. Introduced in Senate

  4. To School Choice

  5. Committee substitute reported, but first to Finance

  6. Referred to Finance

  7. Com. sub. for com. sub. reported

  8. Immediate consideration

  9. Read 1st time

  10. On 2nd reading

  11. Read 2nd time

  12. On 3rd reading

  13. Read 3rd time

  14. Passed Senate (Roll No. 320)

  15. Ordered to House

  16. House received Senate message

  17. Introduced in House

  18. To Education then Finance

  19. To House Education

  20. Markup Discussion

Sponsors

  • Rucker · Primary
  • Willis · Cosponsor
  • Brian Helton · Cosponsor

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 149 not signed on · 1 voted No

Sponsors (1)

  • Rucker

Co-sponsors (2)

Not signed on (149)

149 members have not signed on to this bill.

Show all 149 →

"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

Roll Call

Passed 32 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 28001
Unaffiliated 1000
Democrat 3100
Total 32101
% of votes cast 94%3%0%3%
How each member voted (34)
Member Party Vote
MR PRESIDENT — Yea
Anitra Hamilton Democrat Yea
Mike Woelfel Democrat Yea
Mike Woelfel Democrat Yea
Rick Garcia Democrat Nay
Ben Queen Republican Yea
Carl Martin Republican Yea
Chris Phillips Republican Yea
Chris Rose Republican Yea
Chris Rose Republican Yea
Dean Jeffries Republican Yea
Eric Tarr Republican Yea
Eric Tarr Republican Yea
Glenn Jeffries Republican Yea
Jack Woodrum Republican Yea
Jack Woodrum Republican Yea
Jay Taylor Republican Yea
Jimmy Willis Republican Yea
Mark R. Maynard Republican Not Voting
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Patricia Rucker Republican Yea
Robbie Morris Republican Yea
Rollan A. Roberts Republican Yea
Rollan A. Roberts Republican Yea
Rupie Phillips Republican Yea
Rupie Phillips Republican Yea
Ryan Weld Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Tom Takubo Republican Yea
Tom Willis Republican Yea
Trenton Barnhart Republican Yea
Trenton Barnhart Republican Yea

Official roll call →

Subjects

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

What does SB 67 do?
Relating to public charter schools
Who sponsors SB 67?
SB 67 is sponsored by Rucker, Willis, and Brian Helton (Republican).
What is the current status of SB 67?
This bill died with 2026 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 67?
Track SB 67 free on One Click Politics — get push/email alerts when it moves.

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