The Legislature hereby finds and declares that:

(1) A student’s time engaged in learning is maximized when the student is allowed to progress and acquire competency at a pace that challenges his or her own interest and intellect.

(2) Post-secondary option programs, such as magnet or STEM schools, allow students to take college courses for which they can receive both college credit and credit toward their high school diploma, and that such programs provide high-achieving students the opportunity to advance academically, at a pace commensurate with their abilities and ambition.

(3) Currently, there are over 4,000 magnet schools in the United States serving over 3.5 million students. Each day, these students are gaining a competitive advantage over students in West Virginia who have little or no access to such programs.

(4) Post-secondary option programs, such as magnet schools, can provide the families of high-achieving secondary school students the opportunity to save thousands of dollars in future college costs.

(5) In 2017, more than 52,000 Ohio students, including 15 percent of all high school juniors and seniors, earned college credit through the state’s post-secondary option program, saving their families more than $120 million in future college costs.

(6) The purpose of the establishment of the Katherine Johnson Academy is to provide high-achieving high school students in West Virginia the opportunity to engage in an accelerated and exceptionally challenging academic experience in their senior year through the establishment of magnet school programs at four-year colleges and universities throughout West Virginia.

(7) It is the Legislature’s intent that the academy’s magnet school programs established under this article be both specialized and generalized, and be both resident- and commuter-based in order to provide students and parents with greater choice and colleges and universities greater flexibility in establishing the programs they host.

(8) The creation of the Katherine Johnson Academy is not intended to limit or reduce other dual enrollment classes or programs that are currently being offered in the state.

§18-2L-3. Definitions.

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

“Academy” means the Katherine Johnson Academy created under this article;

“Academy program” means a magnet school program offered by the academy and hosted by a college or university pursuant to a collaboration agreement;

“Books” means both printed and electronic books required for a course;

“Chancellor” means the Chancellor of Higher Education for the State of West Virginia;

“Collaboration agreement” means an agreement by and among the state board, the commission, a college or university’s governing board, and a county board, where necessary, that sets forth the terms and conditions by which a college or university will host an academy program;

“College or university” means both public and private four-year colleges and universities that maintain a physical campus with residential facilities for students;

“Commission” means the Higher Education Policy Commission of West Virginia;

“Commuter program” means a program in which:

(1) High school senior students are attracted from an area within reasonable proximity to the campus, thus commuting to and from the host institution for instruction;

(2) Students are enrolled in the academy; a local diploma-granting public school, private school, or home school; and the host institution;

(3) Students receive both college credit and credit towards their high school diploma for courses successfully completed; and

(4) Students who satisfy their secondary school requirements receive their high school diploma from the diploma-granting public school, private school, or home school, and from the academy;

“County board” means the county board of education;

“County per-pupil allocation” means the per-pupil state aid allocation provided under the state aid formula for the county in which the student is enrolled in a secondary school;

“Generalized program” means a curriculum that offers a broad base of courses;

“Host institution” means a college or university in West Virginia that operates an academy program pursuant to a collaboration agreement;

“Local secondary school” means a public, private, or parochial school consisting, at least, of grades 10 through 12 in a county in which a student resides or a home school where a student has achieved a grade equivalency of grade 10, 11, or 12;

“Magnet school” means a public school with a rigorous and challenging curriculum that greatly exceeds the state’s minimum requirements and is intended to attract high-achieving students from across the boundaries of traditional school districts. The curriculum for a magnet school program may be specialized, such as a STEM school, or generalized;

“Public school student” means any student currently enrolled in a public school including a residential academy program;

“Residential program” means an academy program in which:

(1) High school senior students are attracted from throughout the state, thus requiring students to live on campus: Provided, That the host institution may waive such requirement for students who live within a reasonable distance from the campus and are capable of traveling to and from the campus;

(2) Students are enrolled in the academy; a diploma-granting public school, private school or homeschool; and the host institution;

(3) Students receive both college credit and credit towards their high school diploma for courses successfully completed; and

(4) Students who satisfy their secondary school requirements receive their high school diploma from the diploma-granting public school, private school, or homeschool and from the academy;

“Specialized program” means a curriculum that provides a focus on a particular area of academic interest;

“State” means the State of West Virginia;

“Standard rate” means the amount per credit hour assessed by a college or university for an in-state student who is enrolled as an undergraduate student at that college, but who is not participating in any program established under this article;

“State aid formula” means the state’s Public School Support Program established under §18-9A-1 et seq. of this code;

“State board” means the West Virginia Board of Education; and

“State per-pupil allocation” means the average per-pupil state aid allocation for all pupils in the state under the state aid formula.

§18-2L-4. Annual reports.

(a) The rules, procedures, and policies of each host institution shall govern the operation of each academy program subject to a collaboration agreement that shall be entered into between:

(1) The state superintendent, the chancellor, the governing board of the host institution, and the county board for each secondary school in which a student is enrolled for residential academy programs; and

(2) The state superintendent, the chancellor, the governing board of the host institution, and the county board for each secondary school in which a student is enrolled for commuter-based academy programs.

(b) All collaboration agreements shall be subject by law to the following restrictions:

(1) The total charges for tuition, fees, room, board, and books for academy students shall not exceed the standard rate charged to full-time, in-state students attending the host institution;

(2) The annual charges for tuition, fees, and books for any individual non-residential student enrolled in the academy shall not exceed the total amount of the PROMISE scholarship; and

(3) The annual charges for room and board for any residential student enrolled in the academy shall not exceed the amount charged to full-time, in-state students attending the host institution and any residential academy student shall not be personally responsible for room and board costs in excess of $500 per semester.

§18-2L-6. Establishment of residential and commuter-based programs; participation in high school activities.

(a) In order to be eligible for admission and enrollment in an academy program, a student must meet the minimum eligibility requirements for the PROMISE scholarship set forth in §18C-7-6(c) of this code except for the requirements set forth in §18C-7-6(c)(1), relating to high school graduation, and §18C-7-5(a)(4) of this code.

(b) In addition, in order to be eligible for admission and enrollment in an academy program, a student must be entering into his or her 12^th grade year and have completed the following core course requirements for secondary school students: three required core classes in English, mathematics, and social science, and two required core classes in science.

(c) Students enrolled in a required core class necessary to meet the requirements set forth in this section at the time of his or her application shall not be prohibited from applying for admission to an academy program but must meet such requirements prior to admission.

(d) Nothing in this section shall limit a collaboration agreement from requiring higher standards for admission to an academy program.

§18-2L-9. Admission and enrollment.

(a) Notwithstanding any eligibility requirement to the contrary, any student accepted and admitted into any academy program created pursuant to this article shall be awarded a PROMISE scholarship as established under §18C-7-1 et seq. of this code for the payment of the student’s tuition, fees, and books.

(b) In the event the PROMISE scholarship awarded does not provide sufficient funding to pay for a commuter student’s tuition, fees, and books, as determined pursuant to a collaboration agreement, any public school student accepted and admitted in any academy program as a commuter student shall not be personally responsible for any additional expense and that expense shall be either waived by the institution or may be funded by other private scholarships that may be obtained via a collaborative effort by the institution and the student: Provided, That the institution may not require the student to unilaterally obtain other scholarship assistance as a condition of acceptance into any academy program.

(c) In the event the PROMISE scholarship awarded does not provide sufficient funding to pay for a residential student’s tuition, fees, books, room and board as determined pursuant to a collaboration agreement, any institution accepting and admitting a public school, private school, or homeschool student in any academy program as a residential student may request funding from the Katherine Johnson Scholarship Fund and the Katherine Johnson Scholarship Fund shall provide funding as available to cover those costs. The institution may charge any remaining cost not covered by the PROMISE scholarship or the Katherine Johnson Scholarship Fund to:

(1) The student, not in excess of $500.00 per semester;

(2) Private scholarships that may be obtained via a collaborative effort by the institution and the student: Provided, That the institution may not require the student to unilaterally obtain other scholarship assistance as a condition of acceptance into any academy program;

(3) The institution may waive or self-fund any remaining amount.

(d) No county board or college or university in West Virginia shall be required to participate in any academy programs established under this article.

§18-2L-11. State board and commission rules required.

(a) There is created in the State Treasury a special revenue account known as “The Katherine Johnson Scholarship Fund”. The purpose of the Katherine Johnson Scholarship Fund is to receive, hold, invest, and expend both public and private moneys for the purposes of providing scholarships for students attending the Katherine Johnson Academy pursuant to §18-2L-11(c) of this code. The Board of Trustees of the Katherine Johnson Academy my authorize expenditures from the fund for the purposes set forth in this article.

(b) This fund shall be administered by the Board of Trustees of the Katherine Johnson Academy (hereinafter referred to as the “academy board”) established pursuant to §18-2L-1 et seq. of this code.

(c) The fund may accept monies including gifts, including bequests or other testamentary gifts made by will, trust, or other disposition, grants, loans, and other aid from any source and to participate in any federal, state, or local government programs in carrying out the purpose of this article.

(d) The funds in the Katherine Johnson Scholarship Fund may be invested and reinvested with a financial institution, an investment manager, a fund manager, provided to the West Virginia Board of Treasury Investments and to the West Virginia Investment Management Board or other investment professional for management and investment of the monies in accordance with the provisions of §12-6C-1 et seq. of this code. Any balance of the fund including accrued interest and other returns earned thereon at the end of the fiscal year shall remain in the fund for the purposes set forth in this article.

(e) Terms used in this article shall mean the same as those terms are defined in §18-2L-3 of this code.