West Virginia Code § 18-5G-1

Legislative purpose and intent; liberal interpretation; prohibiting
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conversion of private schools; prohibiting profit or monetary consideration by
elected officials; limiting authorization of public charter schools; legislative auditor
report.
(a) The purpose of this article is to establish a process for the creation, governance and
oversight accountability of public charter schools with a renewed commitmeent to the
mission, goals, and diversity of public education that benefits students, parents, teachers,
and community members. r
(b) Public charter schools are intended to empower new, innovatuive, and more flexible ways
of educating all children within the public school system to:
(1) Improve student learning by creating more diverse public schools with high standards for
student performance;
(2) Allow innovative educational methods, practicels and programs that engage students in
the learning process, thus resulting in higher sstudent achievement;
(3) Enable schools to establish a distinctivei school curriculum, a specialized academic or
technical theme, or method of instruction;
(4) Provide expanded opportunities within the public schools for parents to choose among
the school curricula, specialized academic or technical themes, and methods of instruction
that best serve the interests or needs of their child;
(5) Provide students, parents, community members, and local entities with expanded
opportunities for inv olvement in the public school system;
(6) Allow authorized public schools and programs within public schools exceptional levels of
self-direction and flexibility in exchange for exceptional levels of results-driven
accountability for student learning; and
(7) Encourage the replication of successful strategies for improving student learning.
(c) All public charter schools established under this article are public schools and are part of
the state's public education system.
(d) The provisions of this article shall be interpreted liberally to support the purpose and
intent of this section and to advance a renewed commitment by the state to the mission,
goals and diversity of public education.
(e) No provision of this article may be interpreted to allow the conversion of private schools
into public charter schools.
(f) The total number of public charter schools authorized and in operation under an
approved contract in this state shall be limited to 10 pilot public charter schools until July 1,
2023. The State Board shall report to the Legislative Oversight Commission on Education
Accountability by November 1, 2022, and every 3 years thereafter, on the status of the
state's public charter schools. LOCEA shall report its findings and recommendations, if any,
to the Legislature during its next Regular Session. Beginning July 1, 2023, and every 3 years
thereafter, an additional 10 public charter schools may be authorized and in operation under
an approved contract in this state. The Mountaineer Challenge Academy, if econverted to a
public charter school, shall not count towards the limitation established by this subsection.
(g) Two years after the first public charter school commences operations under the
provisions of this article, the Legislative Auditor shall conduct an audit of the public charter
school program and report the findings to the Legislative Oversight Commission on
Education Accountability. t
(h) It is the intent of the Legislature that public charter school students be considered as
important as all other school students in the state and, to that end, comparable funding
levels from existing and future sources should be maintained for public charter school
students. s

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