§18-5G-10. West Virginia Public Charter School Commission; members; appointments; meetings.

(a) There is hereby created the West Virginia Public Charter School Commission which shall report directly to and be responsible to the state board, separate from the Department of Education, for carrying out its duties in accordance with this article. The mission of the commission is to authorize high-quality public charter schools throughout the state that provide more options for students to attain a thorough and efficient education, particularly through schools designed to expand the opportunities for at-risk students. The commission and public charter schools authorized in accordance with this article are subject to the general supervision of the state board solely for the purposes of accountability for meeting the standards for student performance required of other public school students under §18-2E-5 of this code. Consistent with the provisions of this article, the commission has authority to authorize public charter schools in school districts that do not meet standards as determined pursuant to state board policy. Except as otherwise authorized in this article, no other governmental agency or entity may assume any charter authorizing function or duty in any form.

(b) The commission shall consist of seven voting members, as follows:

(1) The State Superintendent of Schools, or designee;

(2) The Chancellor of the Higher Education Policy Commission, or designee;

(3) The Chancellor for Community and Technical College Education, or designee; and

(4) Four members appointed by the Governor, with the advice and consent of the Senate.

(c) The chair of the House Committee on Education and the chair of the Senate Committee on Education shall serve as non-voting ex-officio members of the commission.

(d) Each appointed member shall represent the public interest and must satisfy the following requirements:

(1) Be a citizen of the state;

(2) Possess experience and expertise in public or nonprofit governance, management and finance, public school leadership, assessment, curriculum or instruction, or public education law; and

(3) Have demonstrated an understanding of, and commitment to, charter schooling as a strategy for strengthening public education.

(e) No more than three of the appointed members of the commission may be of the same political party. No more than two of the appointed members may be residents of the same congressional district. No person may be appointed who holds any other public office or public employment under the government of this state or any of its political subdivisions, or who is an appointee or employee of any charter school governing board or an immediate family member of an employee under the jurisdiction of the commission or any charter school governing board. No person may be appointed who is engaged in, or employed by a person or company whose primary function involves, the sale of services and activities to public charter schools or charter school governing boards.

(f) The initial appointments made pursuant to this section shall be for staggered one- and two-year terms. Thereafter, all appointments shall be for a term of two years. The initial appointments shall be made before February 1, 2020. The commission shall meet as soon as practical after February 1, 2020, upon the call of the Governor, and shall organize for business by selecting a chairman and adopting bylaws. Subsequent meetings shall be called by the chairman.

(g) An appointed member of the commission may be removed from office by the Governor for official misconduct, incompetence, neglect of duty, or gross immorality. A member may also be removed if the member's personal incapacity renders the member incapable or unfit to discharge the duties of the office or if the member is absent from a number of meetings of the commission as determined and specified by the commission in its bylaws. Whenever an appointed member vacancy on the commission exists, the Governor shall appoint, with the advice and consent of the Senate, a qualified person for the remainder of the vacated term.

(h) Except in the case of gross negligence or reckless disregard of the safety and well-being of another person, the commission and members of the commission in their official capacity are immune from civil liability with respect to all activities related to a public charter school approved by the commission. The official actions of the members of the commission who are serving in an ex officio capacity by virtue of their designation or employment in another position are commission member actions only, and may not be construed as official actions or positions of such member’s employing entity.

(i) The commission may appoint an executive director and may employ such additional staff as may be necessary. The executive director shall serve at the will and pleasure of the commission. The executive director must demonstrate an understanding of and commitment to charter schooling as a strategy for strengthening public education and must possess an understanding of state and federal education law.

(j) The commission shall meet as needed, but at least bi-annually. From funds appropriated or otherwise made available for such purpose, its members shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of official duties upon submission of an itemized statement in a manner consistent with guidelines of the Travel Management Office of the Department of Administration.