FISCAL NOTE
Date Requested: February 25, 2026
Time Requested: 08:42 AM |
| Agency: |
Education, WV Department of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1404 |
Comm. Sub. |
SB67 |
|
|---|
| CBD Subject: |
Education (K12) |
|---|
|
FUND(S):
0317
Sources of Revenue:
General Fund
Legislation creates:
Increases Revenue From Existing Sources
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
This proposed bill relates to establishing a right of first refusal for charter schools to obtain unused or underutilized public school buildings; providing direction on the funding disbursements for teachers of public charter schools that do not participate in the state teacher retirement funds; and clarifying the district schools' procedures for students who are transferring to public school from a virtual charter school. The estimated cost to the State under the Public School Support Plan (PSSP) to disburse retirement and health insurance funds directly to public charter schools that choose not to participate in TRS and PEIA, respectively, is $6,897,577.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2026
Increase/Decrease
(use"-") |
2027
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
6,897,577 |
6,897,577 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
0 |
6,897,577 |
6,897,577 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
The estimated cost to the State under the Public School Support Plan (PSSP) to disburse retirement and health insurance funds directly to public charter schools who choose not to participate in TRS and PEIA, respectively, is $6,897,577. The cost estimate is seen due to the current methodology in which these unused funds are creating a cost benefit to the State’s budget. Unused funds transferred to PEIA on a school district’s behalf is used to reduce the succeeding year’s request under this line-item appropriation. By disbursing these funds directly to public charter schools, this reduction will no longer occur. Likewise, unused funds disbursed to CPRB are to be used to further reduce the unfunded retirement liability under this line-item appropriation. By disbursing these funds directly to public charter schools, this increased sum of money expended to further reduce the unfunded liability will no longer occur. Based on information received by the respective agencies, currently only two public charter schools (West Virginia Academy and Clarksburg Classical Academy) participate in TRS and PEIA. Consequently, the cost estimate was computed by summing the allocations made to the agencies for all other public charter schools.
The Consolidated Public Retirement Board (CPRB) and the Public Employees Insurance Agency (PEIA) should be consulted on the fiscal impact of the proposed legislation as well.
Memorandum
The cost estimate does not include data for any newly established charter schools expected to begin operations in fiscal year 2026-27. An impact on the cost estimate will be dependent upon any new charter’s participation status in TRS and PEIA.
The proposed language below contradicts W. Va. Code 18-5G-14, which states that State can only have two virtual charter schools.
"18-5G-18. Higher education institution public charter microschool; public charter school assistance to learning pods and microschools. 88 (a) An institution of higher education may apply to an authorizer pursuant to this article to establish virtual or on-campus public charter microschools, which are required to meet the microschool-related requirements of ?18-8-1 of this code. (b) Any public charter school, including one that is affiliated with an institution of higher education, may partner with learning pods and microschools created pursuant to W. Va. Code 18-8-1 of this code to provide instruction on-campus or virtually to those learning pods or microschools."
Also, an amendment should be considered that places the proposed language in code that allows charter students to participate in extracurricular activities and allows county boards to charge students for participation. Current WVBE Policy 8100 reads as follows:
In accordance with W. Va. Code 18-5G-3(b), public charter school students are eligible to participate in state-sponsored or district-sponsored athletic and academic interscholastic leagues, competitions, awards, scholarships, and recognition programs for students, educators, administrators, and schools to the same extent as noncharter public school districts. If a public charter school does not sponsor an extracurricular athletic and/or academic interscholastic activity for the students enrolled in the public charter school, the public charter school students may participate on the same basis as other public school students in those activities that are sponsored by the noncharter public school district serving the attendance area in which the student resides.
The noncharter public school district has the authority to charge a public charter school student tuition for academic interscholastic participation on a pro rata basis based upon the noncharter public school district’s current year state aid per pupil amount. This shall be accomplished by comparing the number of contact minutes to be earned in the course of the school term to that of a full-time student. The noncharter public school district has the authority to charge a public charter school tuition for athletic interscholastic participation based on a fee schedule established by local policy. The fee schedule must consider the cost of participation for all other student athletes.
Person submitting Fiscal Note: Uriah Cummings
Email Address: Uriah Cummings