The following words used in this article and any proceedings pursuant thereto have the following meanings unless the context clearly indicates a different meaning:

(1) “Applicant” means any group or entity with 501(c)(3) tax-exempt status or that has submitted an application for 501(c)(3) tax-exempt status that develops and submits an application for a public charter school to an authorizer;

(2) “Authorizer” means the entity authorized under this article to review and approve or deny charter applications, enter into charter contracts with applicants, oversee public charter schools, and determine whether to renew, not renew, or revoke charter contracts. Authorizers include:

(A) A county school board in the county in which a public charter school is proposed to be located;

(B) Two or more county school boards representing the several counties which a public charter school is proposed to serve; or

(3) “Charter application” means a proposal from an applicant to an authorizer to enter into a charter contract whereby the proposed school obtains public charter school status;

(4) “Charter contract” or “contract” means a fixed-term, renewable contract between a public charter school’s governing board and an authorizer that identifies the roles, powers, responsibilities, operational duties, accountability, and performance expectations for each party to the contract, consistent with the requirements of this article;

(5) “County board” means a county board of education;

(6) “Education service provider” means an education management organization, school design provider, or any other partner entity with which a public charter school contracts for educational design, implementation, or comprehensive management;

(7) “Governing board” means the independent board of directors for a public charter school that is a party to the charter contract with the authorizer and whose members have been elected or selected pursuant to the charter application;

(8) “Noncharter public school” means a public school other than a public charter school established pursuant to this article;

(9) “Parent” means a parent, guardian, or other person or entity having legal custody over a child;

(10) “Public charter school” means a public school established pursuant to this article that:

(A) Is a public corporate body, exercising public power through its governing board, including the power in name to contract and be contracted with, sue and be sued, and adopt bylaws not inconsistent with this article;

(B) Has autonomy over decisions relating to finance, personnel, scheduling, curriculum, and instruction consistent with this article and its charter contract;

(D) Is established and operating under the terms of a charter contract between the public charter school’s governing board and its authorizer;

(E) Is a public school to which parents choose to send their children;

(F) Is a public school that admits students on the basis of a random and open lottery if more students apply for admission than can be accommodated, pursuant to and subject to §18-5G-4 of this code;

(G) Offers a comprehensive instructional program that meets or exceeds the student performance standards adopted pursuant to §18-2E-5 of this code; and

(H) Operates under the oversight of its authorizer in accordance with its charter contract;

(11) “State board” means the West Virginia Board of Education;

(12) “Student” means any person that is eligible for attendance in a public school in West Virginia; and

(13) “Virtual public charter school” means a public charter school that offers education services primarily or completely through an online program.

§18-5G-3. Authorization for the establishment of public charter schools; governing board.

(a) A public charter school shall be part of the state’s system of public education but shall be exempt from all statutes and administrative regulations applicable to the state board, a county board, or a school unless expressly stated otherwise in this article, subject to the following:

(1) Public charter schools shall adhere to the same immunization, civil rights, and disability rights requirements applicable to noncharter public schools; and

(2) Nothing in this article prohibits a public charter school from complying with any statute, state board policy, or county board policy applicable to noncharter public schools.

(b) A public charter school shall not have entrance requirements or charge tuition or fees: Provided, That a public charter school may require the payment of fees on the same basis and to the same extent as noncharter public schools.

(d) A public charter school shall:

(1) Be governed by a governing board;

(2) Provide instructional time that is at least equal to the number of days or their equivalent required by §18-5-45 of this code;

(3) Require criminal background checks for staff and volunteers, including members of its governing board, as required of all noncharter public school employees and volunteers;

(4) Prohibit contractors and service providers or their employees from making direct, unaccompanied contact with students or accessing school grounds unaccompanied when students are present if it cannot be verified that the contractors, service providers, or their employees have not been previously convicted of a qualifying offense pursuant to §18-5-15c of this code;

(5) Ensure student participation in the required state summative assessment pursuant to §18-2E-5 of this code;

(6) Adhere to generally accepted accounting principles and adhere to the same financial audits, audit procedures, and audit requirements applicable to noncharter public schools;

(7) Utilize the same system for reporting student information data and financial data as is utilized by noncharter public schools;

(8) Comply with the Freedom of Information Act as set forth in §29B-1-1 et seq. of this code;

(9) Report data using the West Virginia Education Information System or successor data reporting system that noncharter public schools use;

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

(11) 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;

(12) Enroll students in the public charter school pursuant to §18-5G-4 of this code;

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

(14) Serve one or more of grades pre-K through 12 and limit admission to students within the grade levels served; and

(15) 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.

(e) A public charter school 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 noncharter public schools; and

(5) Participate in extracurricular activities to the same extent as noncharter public schools.

(f) Public charter school governing board. —

(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. A public charter school governing board shall consist of no fewer than five members.

(2) The governing board shall consist of at least:

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

(B) One member of the county board over the school district in which the public charter school is located if the county board elects to appoint a member: Provided, That refusal by any county board members to sit on the governing board shall not preclude the establishment of a charter school.

(3) Members of the governing board shall:

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

(B) Not be an employee of an education service provider that provides services to the public charter school; and

(C) 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) Members of the governing board shall collectively possess expertise in leadership, curriculum and instruction, law, and finance.

(5) A member of the public charter school governing board shall be considered an officer of a school district under the provisions of §6-6-7 of this code, and shall be removed from office under the provisions of that section.

(6) The governing board shall be responsible for the operation of its public charter school, including, but not limited to, 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.

(7) The governing board shall comply with open governmental proceedings requirements set forth in §6-9A-1 et seq. of this code.

§18-5G-4. Enrollment in a public charter school; recruitment and retention plans.

(a) A public charter school may enroll any student residing in the state.

(b) If capacity is insufficient to enroll all students who wish to attend any specific grade level at a public charter school, the school shall select students through a randomized and transparent lottery: Provided, That the state board shall promulgate a rule to guide student application and lottery procedures for public charter schools.

(c) Enrollment preference for public charter schools shall be given to students enrolled in the public charter school the previous year and to siblings of students already enrolled in the school. An enrollment preference for returning students shall exclude those students from entering into a lottery, as identified in §18-5G-4(c) of this code.

(d) A public charter school may allow an enrollment preference for students who meet federal eligibility requirements for free or reduced-price meals and at-risk students.

(e) A public charter school may give enrollment preference to children of a public charter school’s governing board members and full-time employees, as long as they constitute no more than 10 percent of the school’s total student population.

(f) Every charter school shall submit a recruitment and retention plan annually to its authorizer. The plan shall list deliberate, specific strategies the school will use to attract, enroll, and retain a student population that includes students who are, to the extent applicable:

(1) Limited English proficient;

(2) Special education;

(3) Low income;

(4) Below proficiency on the comprehensive statewide student assessment;

(5) At risk of dropping out of school;

(6) Have dropped out of school; or

(7) Any others who should be targeted to eliminate achievement gaps.

(g) A noncharter public school converting partially or entirely to a public charter school shall adopt and maintain a policy giving enrollment preference to students who reside within the former attendance area of that public school.

§18-5G-5. Application to establish public charter school.

(a) To establish a new public charter school or to convert an existing noncharter public school to a public charter school, an applicant shall submit a charter application to an authorizer: Provided, That only a county board may authorize the conversion of an existing noncharter public school to a public charter school. Charter authorizers shall accept and document the date and time of receipt of all charter applications.

(b) The application shall contain, at a minimum, the following information:

(1) A mission statement and a vision statement for the public charter school, including specialized academic focus, if any, to be promoted and advanced through the establishment of the public charter school;

(2) A detailed description of the public charter school's proposed program;

(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;

(4) The school’s plan for using data derived from student evaluations and assessments, including the statewide summative assessment, to drive instruction and promote continued school improvement;

(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 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;

(7) Plans and timelines for student enrollment, including policies and procedures for conducting transparent and random admission lotteries that are open to the public, and that are consistent with this article;

(8) A proposed five-year budget, including the start-up year and projections for four additional years with clearly stated assumptions;

(9) Proposed fiscal and internal control policies for the public charter school;

(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 school employees, a description of staff responsibilities, and the school's plan to evaluate personnel on an annual basis;

(12) An explanation of proposed student discipline procedures, including disciplinary procedures for students with disabilities, which shall be consistent with the requirements of due process and with state and federal laws and regulations governing the placement of students with disabilities;

(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. The school shall obtain all required occupation and operation certificates and licenses prior to the first instructional day for students;

(14) The proposed ages and grade levels to be served by the public charter school, including the planned minimum and maximum enrollment per grade per year;

(15) The school calendar and school day schedule, which shall meet the requirements of §18-5-45 of this code;

(16) Types and amounts of insurance coverage to be obtained by the public charter school, which:

(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; and

(B) May include coverage from the Board of Risk and Insurance Management pursuant to §29-12-5a of this code;

(17) A description of the food services to be provided to students attending the school;

(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 as specified in §18-5G-8 of this code;

(19) A code of ethics for the school setting forth the standards of conduct expected of its governing board, officers, and employees;

(20) The public charter school’s plan for successfully serving students with disabilities, students who are English language learners, bilingual students, and students who are academically behind and gifted, including, but not limited to, the school’s plan for compliance with all applicable federal and state laws and regulations;

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

(22) The process by which the school will resolve any disputes with the authorizer;

(23) A detailed start-up plan, including financing, tasks, timelines, and individuals responsible for carrying out the plan;

(24) The public charter school’s plan for parental involvement.

(c) If the applicant intends to contract with an education service provider for educational program implementation or comprehensive management, the application shall additionally require the applicant to provide the following information with respect to the educational service provider:

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

(2) Student performance data and financial audit reports for all current and past public charter schools;

(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;

(4) The proposed duration of the service contract;

(5) The annual proposed fees and other amounts to be paid to the education service provider;

(6) The roles and responsibilities of the governing board, the school staff, and the education service provider;

(7) The scope of services and resources to be provided by the education service provider;

(8) Performance evaluation measures and timelines;

(9) Methods of contract oversight and enforcement;

(10) Investment disclosure;

(11) Conditions for renewal and termination of the contract; 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.

§18-5G-6. Authorizer duties and responsibilities.

(a) An authorizer shall:

(1) Demonstrate public accountability and transparency in all matters concerning its charter-authorizing practices, decisions, and expenditures;

(2) Approve new charter applications that meet the requirements of this section and §18-5G-5 of this code, demonstrate the ability to operate the school in an educationally and fiscally sound manner, and are likely to improve student achievement through the program detailed in the charter application;

(3) Decline to approve charter applications that fail to meet the requirements of §18-5G-5 of this code;

(4) Negotiate and execute in good faith a charter contract with each public charter school it authorizes;

(5) Monitor the performance and compliance of public charter schools according to the terms of the charter contract;

(6) Determine whether each charter contract it authorizes merits renewal or revocation; and

(7) Establish and maintain policies and practices consistent with the principles and professional standards for authorizers of public charter schools, including standards relating to:

(A) Organizational capacity and infrastructure;

(B) Evaluating applications;

(D) Charter approval, renewal, and revocation decision-making.

(b) After an applicant submits a written application to establish a public charter school, the authorizer shall:

(1) Complete a thorough review process;

(2) Conduct an in-person interview with the applicant;

(3) Provide an opportunity in a public forum for local residents to provide input and learn about the charter application;

(4) Provide a detailed analysis of the application to the applicant or applicants;

(5) Allow an applicant a reasonable time to provide additional materials and amendments to its application to address any identified deficiencies; and

(6) Approve or deny a charter application based on established objective criteria or request additional information.

(1) Approve charter applications only to applicants that possess competence in all elements of the application requirements identified in this section and §18-5G-5 of this code;

(2) Base decisions on documented evidence collected through the application review process; and

(3) Follow charter-granting policies and practices that are transparent, based on merit, and avoid conflicts of interest.

(d) No later than 90 days following the filing of the charter application, the authorizer shall approve or deny the charter application. The authorizer shall provide its decision in writing, including an explanation stating the reasons for approval or denial of its decision during an open meeting. Any failure to act on a charter application within the time specified shall be deemed an approval by the authorizer.

(e) An authorizer's charter application approval shall be submitted to the West Virginia Department of Education.

(f) No public charter school may begin operations prior to July 1, 2019.

(g) An applicant whose charter application has been denied may appeal the authorizer’s decision to the West Virginia Public Charter School Commission pursuant to §18-5G-10 of this code: Provided, That if public charter school authorization is sought directly from the commission, the commission’s decision is final.

(h) Notwithstanding any provision of this code to the contrary, no civil liability shall attach to an authorizer or to any of its members or employees for any acts or omissions of the public charter school. Neither the county board of education nor the State of West Virginia shall be liable for the debts or financial obligations of a public charter school or any person or entity that operates a public charter school.

(i) To cover authorizer costs for overseeing public charter schools in accordance with this Act, 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 student operational funding allocated to each public charter school under §18-5G-13 of this code, not to exceed one percent of each public charter school’s per-student funding in a single school year. The state board shall establish a statewide formula for authorizer funding, which shall apply uniformly to every authorizer in the state. 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 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 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.

§18-5G-7. Charter contract requirements; term of contract.

(a) Within 90 days of the approval of a charter application, the governing board and the authorizer shall negotiate and enter into a charter contract.

(b) The charter contract shall address, in detail, the following items:

(1) The term of the contract: Provided, That the contract term shall be no longer than five years;

(2) The agreements relating to each item required under §18-5G-5(b) and §18-5G-5(c) of this code;

(3) The rights and duties of the authorizer and the public charter school;

(4) The administrative relationship between the authorizer and the public charter school;

(5) The process the authorizer will use to provide ongoing oversight;

(6) The specific commitments of the authorizer relating to its obligations to oversee, monitor the progress of, and supervise the public charter school;

(7) The process and criteria the authorizer will use to annually monitor and evaluate the overall academic, operating, and fiscal conditions of the public charter school, including the process the authorizer will use to oversee the correction of any deficiencies found;

(8) The process for revision or amendment to the terms of the charter contract agreed to by the authorizer and the governing board;

(9) The process agreed to by the authorizer and the governing board that identifies how disputes between the authorizer and the board will be handled; and

(10) Any other terms and conditions agreed to by the authorizer and the governing board, including preopening conditions.

(c) The charter contract shall include provisions relating to the performance of the public charter school that set forth the academic and operational performance indicators, measures, and metrics to be used by the authorizer to evaluate the public charter school. At a minimum, the performance provisions shall include indicators, measures, and metrics for:

(1) Student academic proficiency;

(2) Student academic growth;

(3) Achievement gaps in both student proficiency and student growth between student subgroups, including race, sex, socioeconomic status, and areas of exceptionality;

(4) Student attendance;

(5) Student suspensions;

(6) Student withdrawals;

(7) Recurrent enrollment from year to year;

(8) Governing board’s performance and stewardship, including compliance with all applicable statutes and terms of charter contract; and

(9) Additional valid and reliable indicators requested by the public charter school.

(d) The authorizer shall be responsible for collecting and reporting to the state board all state-required assessment and achievement data for the public charter school.

(e) The charter contract shall be signed by the chair of the governing board and the president of the county board, presidents of the county boards, or the president of the public or private institution of higher education, as applicable. A copy of the charter contract shall be provided to the State Superintendent of Schools.

(f) No public charter school may commence operations without a charter contract that meets the requirements of this section, has been properly executed, and has been approved by, as applicable, a county board, county boards, or the institutional board of governors of a public or private institution of higher education that has such a board. For any public or private institution of higher education that does not have an institutional board of governors, the charter contract instead shall be approved by the level of authority immediately above the president or other chief administrator of the institution.

§18-5G-8. Renewal or nonrenewal of charter contracts; revocation of charter contracts; rulemaking; right to appeal.

(a) A charter contract may be renewed by the authorizer for a term of no more than five years. Authorizers may grant renewal with specific conditions for necessary improvements in the public charter school: Provided, That any specific condition imposed does not contradict the terms of this article.

(b) The State Board of Education shall promulgate a rule establishing the process for renewing or not renewing a charter contract. At a minimum, this rule shall include:

(1) A timeline for a governing board to submit an application for renewal to an authorizer;

(2) The information that must be included in an application for renewal;

(3) If the authorizer initially determines to deny a renewal application:

(A) Notification requirements to the governing board about the prospect of nonrenewal and the reasons for possible closure of the public charter school;

(B) An opportunity and timeframe for the governing board to provide a response to the notice of the nonrenewal;

(C) An opportunity for the governing board to submit documentation and provide testimony as to why the charter contract should be renewed; and

(D) An opportunity for a recorded public hearing, at the request of the governing board;

(4) That the authorizer shall consider the governing board’s response, testimony, and documentation, as well as the recorded public hearing, prior to rendering a final decision on the nonrenewal of the charter contract;

(5) The information that must be included in the authorizer’s final decision if it determines to deny a renewal application;

(6) A timeline for an authorizer to render a final decision on whether or not to revoke a charter contract;

(7) Approval of the authorizer’s decision shall be adopted by the county board, county boards, or institutional board of governors, as applicable, during an open meeting, subject to the following:

(A) If the authorizer is a public or private institution of higher education that has no institutional board of governors, the decision shall be adopted during an open meeting of the institution’s level of authority immediately above the president or other chief administrator of the institution; and

(B) If the level of authority immediately above the president or other chief administrator is an individual, the open meeting requirement of this subdivision does not apply; and

(8) A provision that the failure of the authorizer to act on a renewal application within the designated timeframes shall be deemed an approval of the renewal application.

(1) Committed a material violation of any of the terms, conditions, standards, or procedures required under this article or the charter contract, and has persistently failed to correct the violation after fair and specific notice from the authorizer;

(2) Failed to meet or make significant progress toward the program performance expectations identified in the charter contract;

(3) Failed to meet generally accepted standards of fiscal management, and has failed to correct the violation after fair and specific notice from the authorizer; or

(4) Substantially violated any material provision of law from which the public charter school was not exempted and has failed to correct the violation after fair and specific notice from the authorizer.

(d) A charter contract shall include provisions for revoking the charter contract. At a minimum, these provisions shall include:

(1) The information that must be included in the authorizer’s initial decision to revoke the charter contract;

(2) Notification requirements to the governing board about the authorizer’s initial decision to revoke a charter contract and the reasons for the revocation;

(3) An opportunity and timeframe for the governing board to provide a response to the authorizer’s initial decision to revoke the charter contract;

(4) An opportunity for the governing board to submit documentation and provide testimony as to why the charter contract should not be revoked;

(5) An opportunity for a recorded public hearing, at the request of the governing board;

(6) That the authorizer shall consider the governing board’s response, testimony, and documentation, as well as the recorded public hearing, prior to rendering a final decision on the revocation of the charter contract;

(7) The information that must be included in the authorizer’s final decision if it determines to revoke the charter contract;

(8) A timeline for an authorizer to render a final decision on whether or not to revoke a charter contract;

(9) Approval of the authorizer’s decision shall be adopted during an open meeting, subject to the following:

(B) If the level of authority immediately above the president or other chief administrator is an individual, the open meeting requirement of this subdivision does not apply; and

(10) A provision that the failure of the authorizer to act on a renewal application within the designated timeframes shall be deemed.

(e) Notwithstanding the process set forth in §18-5G-8(d) of this code, an authorizer shall take immediate action to revoke a charter contract if the health and safety of students attending the public charter school is threatened. A governing board whose charter contract has been revoked pursuant to this provision may appeal the authorizer’s action to the West Virginia Public Charter School Commission, subject to the following:

(1) The charter contract shall remain revoked unless and until the Commission directs otherwise; and

(2) If the Commission is the authorizer that revokes the charter contract, the Commission’s decision is final.

(f) A governing board whose charter contract has not been renewed or has been revoked may appeal the authorizer’s final decision to the West Virginia Public Charter School Commission pursuant to §18-5G-10 of this code: Provided, That if the Commission is the authorizer that fails to renew or revokes a charter contract, the Commission’s decision is final.

(g) An authorizer shall develop a public charter school closure protocol or protocol for transitioning a charter school to noncharter public school status. The protocol shall ensure timely notification to parents, orderly transition of students and student records to new schools when applicable, and proper disposition of school funds, property, and assets. The protocol shall specify tasks, timelines, and responsible parties, including delineating the respective duties of the public charter school and the authorizer. If a public charter school closes or transitions to noncharter public school status for any reason, the authorizer shall oversee and work with the closing or transitioning school to ensure a smooth and orderly closure or transition and transition for students and parents, as guided by the closure or school transition protocol. If a public charter school is subject to closure or transition, following exhaustion of any appeal allowed under §18-5G-10 of this code, an authorizer may remove at will at any time any or all of the members of the board of directors of the public charter school in connection with ensuring a smooth and orderly closure or transition. If the authorizer removes members of the board of directors such that the board of directors can no longer function, the authorizer shall be empowered to take any further necessary and proper acts connected with closure or transition of the public charter school in the name and interest of the public charter school.

§18-5G-9. Appeal of authorizer’s decision to West Virginia Public Charter School Commission.