Delegates are considering changes to West Virginia’s charter schools policies, potentially allowing 10 every three years and laying the groundwork for charter schools that would operate virtually.
Charter schools would be part of the state’s public education system and would be given greater latitude in exchange for the possibility of losing their right to operate if they fail.
The House Education Committee approved a version of HB2012 on a 16-7 vote on Thursday afternoon, sending it to the full House of Delegates for consideration. House leadership has cited the constraints of the coronavirus pandemic this year in saying bills may not receive a traditional second committee reference.
Members of the education committee asked several questions about the bill but did not engage in much discussion.
West Virginia’s legislature approved the establishment of charter schools two years ago after months of debate on an omnibus education bill. Gov. Jim Justice signed the bill into law in June, 2019.
No charter school has yet been approved in West Virginia. An application was submitted in Monongalia and Preston counties but rejected last fall.
Consideration of a bill expanding charter school possibilities coincided with a lawsuit filed with the state Supreme Court.
West Virginia Academy claims its application should have been approved by default, contending Monongalia and Preston county school boards did not meet or take official action during the legal window.
When Monongalia rejected the application by West Virginia Academy, board members cited unanswered questions and said it did not meet seven specific standards.
In previews to the legislative session, several members of the Republican majorities looked forward to bills making it easier to start charter schools while promoting other school choice options. Some cited last year’s rejection.
“I’m certainly optimistic we’ll offer legislation to remedy that during this legislative session,” House Majority Whip Paul Espinosa, R-Jefferson, said during a Legislative Lookahead event last week.
The bill being considered by the House would increase the number that could be approved in a three-year period from three to 10.
That jump in numbers seemed to perplex Delegate Cody Thompson, D-Randolph.
“How many current charter schools do we have in West Virginia?” asked Thompson, who is a public school teacher.
Education Committee counsel Dave Mohr responded that there are none right now.
“We don’t have any?” Thompson asked. “How many applications have we had?”
The answer was just the one in Monongalia-Preston.
“So there’s been one applicant and currently three are allowed, right?” Thompson said. “But this bill will allow 10 even though we don’t … OK.”
The bill offers additional routes to approval.
Right now, county school boards may authorize a charter school. This bill would add a West Virginia Professional Charter School Board as an authorizer.
Applicants with a rejected charter proposal have 30 days after that to appeal to the state Board of Education.
The bill defines a full-time virtual charter school and permits the charter school board to authorize one statewide virtual charter school with no more than 10 percent of the state headcount each year.
There is also some newly-defined oversight.
The bill requires each public charter school to authorize an independent financial audit the second full year of operation. And it requires each charter school to submit an annual report.
This is one of a number of changes to the education system already being considered by the Legislature.
The House Education Committee also discussed HB2013, which spells out the Hope Scholarship Program. This would allow education savings accounts, which provide public dollars for use in private education endeavors.
The Senate Education Committee was scheduled Thursday to take up the Tim Tebow Act, which would allow homeschooled students to participate in extracurricular activities at public schools. But the bill was removed from the committee’s agenda. The policy has been considered by the Legislature several times over the years.