Senate Bill No. 686
(By Senators Wells, Plymale, Browning, Sypolt, Edgell, Oliverio,
Foster, Helmick, Fanning, K. Facemyer, Boley, Palumbo, McCabe,
Jenkins and Kessler)
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[Introduced February 22, 2010; referred to the Committee on
Education; and then to the Committee on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §18-33-1, §18-33-2,
§18-33-3, §18-33-4, §18-33-5, §18-33-6, §18-33-7, §18-33-8,
§18-33-9, §18-33-10, §18-33-11, §18-33-12, §18-33-13,
§18-33-14, §18-33-15 and §18-33-16, all relating to
public
charter schools; setting forth legislative purpose and intent;
defining terms; declaring public charter schools to be a part
of the state program of public education; setting forth which
regulatory and statutory requirements are and are not
applicable to public charter schools; allowing rule waiver
applications and requests to change school laws; allowing the
creation of a new public charter school or the conversion of
a public school to a public charter school under certain
conditions; setting forth the application process; establishing conditions for the approval or denial of the
application by the county board of education; making the
charter status term dependent on whether the approval is
initial or subsequent; allowing the revocation of a public
school's charter status by the county board of education if
the board makes certain determinations; requiring a public
charter school governing body; requiring operation as a
nonsectarian, nonreligious public school; making a public
charter school accountable to the county board for certain
purposes; requiring minimum amount of funding from the county
board of education; making public charter schools subject to
all state audit procedures and requirements; requiring
submission of quarterly financial reports; requiring adoption
of and operation under an annual budget; requiring conformance
with Governmental Accounting Standards Board standards;
requiring school uniforms; requiring pay for teachers and
service personnel and authorizing performance pay for teachers
based on a career ladder concept; requiring determination of
enrollment in certain manner; requiring student
transportation; requiring provision and maintenance of
information on public charter schools; requiring accrual of
seniority and years of service for public charter school
personnel; giving preferred status solely for the purposes of
applying for a position in a regular public school to certain
public charter school personnel who are deselected or resign; applying certain transfer limitations and conditions to
certain public charter school personnel; providing that public
charter school employees are county board of education
employees for the purposes of salary and benefits; requiring
the selection of a public charter school principal by the
county board of education initially, but thereafter providing
for selection and deselection only upon the recommendation of
the governing body to the board; requiring the creation of an
advisory group to make recommendations to the principal for
the selection and deselection of teachers; requiring county
board of education to select and deselect personnel based on
the public charter school principal's request; in the event of
dissolution of a public charter school, requiring certain
funds to revert to the county board of education and providing
that the charter school is responsible for all debts with one
exception; and requiring evaluations of public charter
schools.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended,
be amended
by adding thereto a new article, designated §18-33-1, §18-33-2,
§18-33-3, §18-33-4, §18-33-5, §18-33-6, §18-33-7, §18-33-8,
§18-33-9, §18-33-10, §18-33-11, §18-33-12, §18-33-13, §18-33-14,
§18-33-15 and §18-33-16, all
to read as follows:
ARTICLE 33. WEST VIRGINIANA PUBLIC CHARTER SCHOOLS ACT OF 2010.
§18-33-1. Legislative purpose and intent.
The purpose of this article is to authorize the establishment
of public charter schools. The Legislature intends for the public
charter schools to provide teachers with the flexibility to design
their own education environment and to provide a mechanism for
discovering successful education practices that can be replicated
in all public schools.
§18-33-2. Definitions.
(a) "Authorizer" means any county board of education.
(b) "Governing body" means the organized group of persons who
will operate a public charter school by deciding matters including,
but not limited to, budgeting, curriculum and other operating
procedures for the public charter school and by overseeing
management and administration of a public charter school. Each
governing body shall consist of the members set forth in section
seven of this article.
(c) "Public charter school" means a public school that is
established and operating pursuant to this article.
(d) "Sponsor" or "applicant" means a group of teachers, an
education organization which may include a state institution of
higher education or a local school improvement council filing an
application in support of the establishment of a public charter
school. A sponsor or applicant cannot be a for-profit entity, a
private school, a religious or church school or promote the agenda
of any religious denomination or religiously affiliated entity.
§18-33-3. Public charter schools.
(a) Public charter schools are a part of the state program of
public education.
(b) Public charter schools are subject to any regulatory and
statutory requirements related to:
(1) Federal and state civil rights;
(2) Federal, state and local health and safety;
(3) Federal and state public records;
(4) Immunizations;
(5) School nutrition;
(6) Confidentiality of student data;
(7) Possession of weapons on school grounds;
(8) Background checks and fingerprinting of personnel;
(9) Federal and state special education services;
(10) Student due process;
(11) Parental rights;
(12) Federal and state student assessment and accountability;
(13) Open meetings;
(14) Freedom of information;
(15) Accounting procedures;
(16) Purchasing procedures;
(17) All school personnel certification requirements; and
(18) All other provisions of state and federal law, state
board rules and county board rules except for those specifically
listed in subsection (c) of this section.
(c) Subject to subsection (d), public charter schools are not subject to state laws, state board rules and county board rules
related to the following:
(1) School calendar;
(2) Any minimum instructional minutes per day requirement;
(3) Except as otherwise provided in this article, any
personnel laws set forth in chapter eighteen-a of this code
relating to hiring; termination of employment; evaluations;
seniority; and reductions in force;
(4) Required programs of study;
(5) Instructional goals and objectives and instructional
methods; and
(6) School uniforms, subject to section eight of this article.
(d) In addition to exempting a public charter school from the
laws and rules set forth in subsection (c) of this section, the
governing body of a public charter school may apply to the state
board for a waiver of any provisions of its rules and to the county
board for a waiver of any provisions of its rules. Also, the
governing body may request the Legislature to exempt it from
certain provisions or to change certain school law provisions
generally.
§18-33-4. Creation or conversion of charter schools.
(a) A public charter school may be formed by creating a new
school or converting an eligible public school to charter status
pursuant to the provisions of this article.
(b) Only teachers, education organizations which may include state institutions of higher education and local school improvement
councils can convert existing public schools to public charter
schools. Only teachers and education organizations which may
include state institutions of higher education can create new
public charter schools. A local school improvement council may not
create a new public charter school.
(c) A sponsor seeking to establish a public charter school
shall file a public charter school application with the county
board of the county in which the sponsor plans to create the
charter school.
(d) Upon a determination that a sponsor meets the requirements
set forth in this article, that the merits of the application are
in the best interest of the students and that the sponsor has not
engaged in any of the conduct that would justify revocation of a
public charter school's charter status pursuant to section six of
this article, the county board shall approve the application. In
determining whether or not to approve the application, the county
board only shall consider whether the requirements of this article
are satisfied, whether the merits of the application are in the
best interest of the students and whether or not the sponsor has
engaged in any of the conduct that would justify revocation of a
public charter school's charter status pursuant to section six of
this article. The county board may not consider any other factor.
(e) A public charter school shall be operated by a not-for-
profit organization that is exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code. No charter shall
be granted to a for-profit entity.
(f) The conversion of a public school is subject to the
following:
(1) A sponsor may apply to convert an eligible public school
to a public charter school pursuant to the provisions of this
article only if sixty percent of the teachers assigned to the
school agree and demonstrate support by signing a petition seeking
conversion or the local school improvement council at the school
demonstrates support by voting unanimously to seek conversion;
(2) The petition or record of vote, as applicable, shall be
submitted to the county board along with the public charter school
application;
(3) Only for the purposes of a local school improvement
council voting to seek conversion, a quorum consists of all members
of the local school improvement council; and
(4) Any conversion only shall occur in between employment
terms and shall be in compliance with the provisions of this
article.
(g) A sponsor may apply to create a new public charter school
pursuant to the provisions of this article only if sixty percent of
the teachers employed by the county board of the district where the
new public charter school will be located agree and demonstrate
support by signing a petition seeking conversion. The petition
shall be submitted to the county board along with the public charter school application.
(h) No charter application may be approved under this article
that authorizes the:
(1) Conversion of any private, parochial, Internet-based or
home-based school to charter status; or
(2) Creation of any private, parochial, Internet-based or
home-based charter school.
(i) Nothing in this article shall be construed to prohibit any
individual or organization from providing funding or other
assistance to the establishment or operation of a public charter
school, but the funding or assistance shall not entitle the
individual or organization to any ownership interest in the school.
§18-33-5. Application process.
(a) At least sixty days before the proposed public charter
school plans to begin operation, the sponsor seeking to establish
a public charter school shall prepare and file with the county
board an application providing the following information and
documents:
(1) A statement defining the mission and goals of the proposed
charter school;
(2) The proposed instructional goals and objectives and
instructional methods for the school, which at a minimum, shall
include teaching and classroom instruction methods that will be
used to provide students with the knowledge, proficiency and skills
needed to reach the goals of the school;
(3) An operating budget for the first two years of operation
of the public charter school based on anticipated enrollment;
(4) A timetable for commencing operations as a public charter
school;
(5) Information on the minimum daily instruction time
requirements, the minimum instructional day per year requirement
and the amount of professional development that will be provided to
personnel employed at the public charter school;
(6) The proposed rules and policies for governance and
operation of the school;
(7) The identification of the teachers, education organization
which may include a state institution of higher education or
members of the local school improvement council sponsoring the
proposed public charter school, including names and addresses;
(8) The plan for management and administration of the school;
and
(9) Any other reasonable information the county board
determines is necessary to ascertain whether or not the public
charter school is complying with the requirements set forth in this
article, whether or not the merits of the application are in the
best interest of the students and whether or not the sponsor has
engaged in any of the conduct that would justify revocation of a
public charter school's charter status pursuant to section six of
this article. However, the county board may not require any
information that places an undue hardship on the sponsor or results in unnecessary delay in the charter application process.
(b) Much of the information required by subsection (a) of this
section is for informational purposes only. Pursuant to section
six of this article, the county board only has authority to deny an
application for failure to meet the requirements of this article,
upon a determination that the merits of the application are not in
the best interest of the students or upon a determination that the
sponsor has engaged in any of the conduct that would justify
revocation of a public charter school's charter status pursuant to
section six of this article.
§18-33-6. Approval and denial of application; and charter status
term.
(a) The county board has authority to approve or deny
applications to establish a public charter school. However, the
county board may only deny an application based on failure to
comply with the requirements of this article, based on a
determination that the merits of the application are not in the
best interest of the students or based on a determination that the
sponsor has engaged in any of the conduct that would justify
revocation of a public charter school's charter status pursuant to
this section. The county board shall approve any application when
the applicant has fully complied with all the requirements set
forth in this article, the county board has determined that the
merits of the application are in the best interest of the students
and the county board has determined that the sponsor has not engaged in any of the conduct that would justify revocation of a
public charter school's charter status pursuant to this section.
(b) The county board shall approve or deny an initial charter
application within ninety days of receiving the application.
(c) If a decision of the county board is to deny a charter
school application, it shall state its reasons in writing to the
sponsor who submitted the application. The sponsor may correct any
deficiencies and resubmit the application or submit an amended
application, as applicable. Each time an application is
resubmitted or an amended application is submitted, the county
board shall approve or deny the charter application within sixty
days.
(d) Initial approval of a public charter school application is
effective for three years from the date of approval, after which
the school's status as a public charter school is revoked unless
the sponsor applies for public charter school status and the
sponsor's application is approved again pursuant to this article,
subject to the following:
(1) Any subsequent approval of a public charter school
application is effective for five years from the date of approval;
(2) The county board shall make the determination of whether
the approval given is initial approval or subsequent approval.
Factors that may be used in making this determination include
whether the same sponsor is submitting the application, whether the
mission of the school is the same, whether the charter school will be located in the same attendance zone and other factors the county
board determines are relevant; and
(3) A county board may revoke a public school's status as a
charter school before the end of the three or five year term, as
applicable, only if the board determines that the governing body
has engaged in gross misconduct, mismanagement of funds,
incompetence, or willful neglect of duty that is detrimental to
student achievement.
§18-33-7. Charter school governing body.
(a) A public charter school shall be governed and managed by
a governing body consisting of:
(1) Four teachers elected by the faculty senate of the school;
(2) One service person elected by the school service personnel
employed at the school. Only service personnel employed as
classroom aides, autism mentors, braille or sign language
specialists and paraprofessionals are eligible to be elected;
(3) Four parents, guardians or custodians of students enrolled
at the school elected by the parent, guardian or custodian members
of the school's parent teacher organization. If there is no parent
teacher organization, the parent, guardian or custodian members
shall be elected by the parents, guardians or custodians of
students enrolled at the school in such a manner as determined by
the principal and approved by the governing body;
(4) In the case of a school with students in grade nine or
higher, the student body president or other student in grade nine or higher elected by the student body in those grades shall be a
nonvoting member; and
(5) The county superintendent or his or her designee shall be
a nonvoting member. However, in the event of a tie vote of the
governing body, the county superintendent or his or her designee
shall cast a vote to break the tie.
(b) All members of the governing body except for the county
superintendent or his or her designee shall serve two-year terms.
However, of the members initially elected to the governing body,
two of the teachers and two of the parents, guardians or custodians
shall serve a one-year term.
(c) For a newly created public charter school, the principal
of the school may serve as the governing body until the governing
body is formed. However, in no event may the principal serve as
the governing body for more that thirty days.
(d) Under no circumstances may any of the parent members of
the governing body be then employed at that school in any capacity
nor may any of the parent members have any interest in or
connection to the school other than being a parent of one or more
of the students at the school.
(e) The principal and one person from the central office
selected by the county superintendent shall arrange for the
elections to be held each year prior to the beginning of the
instructional term and shall give notice of the elections at least
one week prior to the elections being held. To the extent practicable, all elections shall be held within the same week.
(f) Elected governing body members only may be replaced upon
death, resignation or failure to appear at three consecutive
meetings of the governing body for which notice was given.
(g) As soon as practicable after the election of governing
body members and no later than the first day of the instructional
term, the principal shall convene an organizational meeting of the
governing body. The principal shall notify each member in writing
at least two employment days in advance of the organizational
meeting. At this meeting, the governing body shall elect from its
membership a chair to serve a one-year term and a person may not
serve as chair for more than two consecutive terms. If the chair's
position becomes vacant for any reason, the principal shall call a
meeting of the governing body to elect another qualified person to
serve the unexpired term. Once elected, the chair is responsible
for notifying each member of the governing body in writing two
employment days in advance of any meeting of the governing body.
(h) The governing body of each charter school shall meet at
least monthly. Upon application of three fifths of the members of
the governing body in writing, the chair shall call a meeting of
the governing body. If the chair's position is vacant for any
reason, upon application of three fifths of the members of the
governing body in writing, the principal shall call a meeting of
the governing body.
§18-33-8. Compliance.
(a) A public charter school shall:
(1) Operate as a public, nonsectarian, nonreligious public
school, with control of instruction vested in the governing body of
the school under the general supervision of the county board and in
compliance with the charter application as approved by the county
board and this article;
(2) Meet the same performance standards adopted by the state
board for other public schools;
(3) Receive state, federal and local funds from the county
board of the district in which the school is located; and
(4) Provide special education services as required for all
public schools by federal law.
(b) A public charter school shall be subject to all federal
and state laws and constitutional provisions prohibiting
discrimination on the basis of disability, race, creed, color,
national origin, religion, ancestry or need for special education
services.
(c) A public charter school shall comply with all applicable
health and safety standards, regulations and laws of the United
States and State of West Virginia.
(d) A public charter school shall be accountable to the county
board pursuant to this article.
(e) A public charter school shall be governed and managed by
a governing body pursuant to section seven of this article.
(f) The governing body of a public charter school shall be subject to section five, article two, chapter six-b and any other
ethical standards that are applicable to county board members.
(g) The meetings of the governing body of a public charter
school are considered public business and shall comply with the
Open Governmental Proceedings Act set forth in article nine-a,
chapter six of this code.
(h) All teachers in a charter school must have a current valid
West Virginia teaching certificate or permit.
(i) A public charter school is subject to all state audit
procedures and audit requirements, and shall submit quarterly
financial reports to the county board of the district in which the
public charter school is located.
(j) A public charter school shall not charge tuition.
(k) A public charter school shall be operated on a July 1 to
June 30 fiscal year and the governing body shall adopt and operate
under an annual budget for the fiscal year. The budget shall be
prepared in the same format as that required for county boards, and
shall be presented to the county board before the start of the
fiscal year.
(l) A public charter school shall maintain its accounts and
records in accordance the Governmental Accounting Standards Board
standards.
(m) A public charter school shall require all students to wear
a school uniform.
(n) Teachers at a public charter school shall be paid a salary that is equivalent to the salary of other teachers in the county
with the same years of service and collegiate or graduate hours.
Teachers certified by the National Board for Professional Teaching
Standards also shall be paid the bonus pursuant to section two-a,
article four, chapter eighteen-a of this code. Additionally, the
governing body of the public charter school may award performance
pay based on a career ladder concept to teachers at the school
using funds of the public charter school. The performance pay
based on a career ladder concept shall be based on increases in
student achievement and other factors.
(o) Service personnel at a public charter school shall be paid
an amount that is equivalent to the pay of other service personnel
in the county with the same years of service and pay grade.
Service personnel also shall be paid the additional amounts set
forth in section eight-a, article four, chapter eighteen-a of this
chapter.
(p) A public charter school shall have a faculty senate
pursuant to section five, article five-a of this chapter, subject
to the following:
(1) The governing body may elect to allocate any amount of
funding to the faculty senate. No funds may be allocated to the
faculty senate pursuant to section nine, article nine-a of this
chapter;
(2) Any process established for faculty members to interview
new prospective professional educators and paraprofessional employees at the school pursuant to section five, article five-a of
this chapter shall be consistent with section fourteen of this
article;
(3) The authority of a faculty senate to review the evaluation
procedure as conducted in their school to ascertain whether the
evaluations were conducted in accordance with section twelve,
article two, chapter eighteen-a of this code does not make public
charter schools subject to that section. The faculty senate at a
public charter school may review the evaluation procedure and the
evaluation procedure as conducted and make recommendations to the
principal, governing body or both; and
(4) The provisions of section five, article five-a of this
chapter requiring that a faculty senate be provided a two-hour
block of time for a faculty senate meeting on a day scheduled for
the opening of school and a two-hour block of time on each
instructional support and enhancement day does not require a public
charter school to dedicate a day for the opening of school or to
schedule instructional support and enhancement days pursuant to
section forty-five, article five of this chapter. However, a
public charter school at least shall provide comparable amounts of
time at comparable intervals for the faculty senate to meet.
(q) A public charter school is subject to an audit by the
office of education performance audits pursuant to section five,
article two-e of this chapter. However, no part of that section
makes a public charter school subject to any other legal requirements that a public charter school is otherwise exempt from
pursuant to this article.
(r) A public charter school employee is eligible to file a
grievance pursuant to article two, chapter six-c of this code.
This subsection does not make any personnel provisions set forth in
chapter eighteen-a of this code relating to hiring, termination of
employment, evaluations, seniority and reductions in force
applicable to public charter schools.
§18-33-9. Funding.
(a) The county board of the county in which a public charter
school is located shall allocate one hundred percent of the state
and local education funds to the public charter school based on the
per pupil expenditure of the county board for current operations,
subject to sections eleven and fourteen of this article. The per
pupil expenditure shall be based on the second month headcount
enrollment of the district for the previous school year. All funds
shall be spent according to the budget required to be adopted
pursuant to section eight of this article, subject to state and
federal law.
(b) For a newly created public charter school, funds which
would otherwise be allocated on the basis of enrollment in the
prior year shall be allocated, during the first full academic year
of operation of any public charter school, on the basis of the
anticipated enrollment in the charter application as approved by
the county board, which amount shall be subsequently adjusted to reflect the actual number of students enrolled.
(c) A public charter school also may be funded by federal
grants; grants, gifts, devises or donations from any private
sources; and state funds appropriated for the support of the public
charter school, if any, and any other funds that may be received by
the county board of the district in which the public charter school
is located. Receipt of any of these funds except funds from the
county board shall be reported to the county board. Public charter
schools, county boards and the state superintendent are encouraged
to apply for federal funds appropriated specifically for the
support of charter schools.
§18-33-10. Enrollment.
Enrollment at a public charter school shall be determined
pursuant to section sixteen, article five of this chapter and in
the same manner as enrollment is determined for all other public
schools in the district.
§18-33-11. Student transportation.
(a) Transportation shall be provided by agreement with the
county board of the district within which the school is located in
the same manner it would be provided if the students were enrolled
in any other school within the district. The county board may
reduce the amount of funding paid to the public charter school
under section nine of this article or may otherwise charge the
public charter school for the transportation services pursuant to
the agreement between the county board and the public charter school.
(b) Except for any agreement with the county board to provide
transportation services to public charter school students, a public
charter school may not contract out for transportation services.
§18-33-12. Information on charter schools.
(a) The state superintendent shall provide information to the
public through the department of education's Internet site and
otherwise on how to form and operate a public charter school. This
information shall include a standard application format which shall
include the information specified in section five of this article.
(b) The state superintendent shall monitor the status of
charter school applications and shall maintain information on the
total number of charter school applications, total number of
charter school applications granted by type of school and total
number of charter school applications denied.
§18-33-13. Accumulation of seniority; years of service; deselected
school personnel; and resignation.
(a) School personnel employed in a public charter school shall
accrue seniority in the district in which the public charter school
is located.
(b) School personnel employed in a public charter school shall
accrue years of service for the purposes of salary and retirement.
(c) Any permanently employed instructional person at a public
charter school who is deselected or resigns shall continue to hold
that status as a permanently employed instructional person solely for the purpose of applying for a position in a regular public
school pursuant to section seven-a, article four, chapter eighteen-
a of this code. Any regularly employed service person at a public
charter school who is deselected or resigns shall continue to hold
that status as a regularly employed service person solely for the
purposes of applying for a position in a regular public school
pursuant to section eight-b, article four, chapter eighteen-a of
this code. Any person holding permanently employed instructional
person status or regularly employed service person status pursuant
to this subsection only shall retain that status pursuant to this
subsection until he or she is selected for another position in a
regular public school.
(d) Any person employed by a public charter school who is
deselected pursuant to section eight, article two, chapter
eighteen-a shall not retain the status of a permanently employed
instructional person or a regularly employed service person, as
applicable, pursuant to subsection (c) of this section.
(e) The transfer limitations and conditions set forth in
section seven-a, article four, chapter eighteen-a of this code for
persons assigned to professional positions and the transfer
limitations and conditions set forth in section eight, article
five, chapter eighteen-a of this code for autism mentors and aides
who work with autistic students apply to subsection (c) of this
section.
§18-33-14. Employment of school personnel; performance pay based on a career ladder concept; insurance; retirement.
(a) School personnel employed at a public charter school are
considered employees of the county board of the district in which
the public charter school is located for the purposes of salary and
benefits. Therefore, all school personnel employed at a public
charter school are:
(1) Eligible for public employee insurance agency benefits in
the same manner that other school personnel employed by the county
board of the district in which the school is located are;
(2) Eligible to participate in either the Teachers Retirement
System or the defined contribution plan, as applicable, in the same
manner that other school personnel employed by the county board of
the district in which the school is located are; and
(3) Eligible for any other benefits provided to other school
personnel employed by the county board.
(b) The county board initially shall select the principal of
a public charter school. Thereafter, the selection and deselection
of the principal shall be made by the county board only upon
recommendation of the governing body. Before July 1 of each year,
the governing body shall make a recommendation to the county board
as to whether to retain the current principal for the next school
year or to deselect the current principal. This recommendation to
the county board is nonbinding.
(c) Each public charter school shall establish an advisory
group for selecting and deselecting teachers at the charter school. This advisory group shall consist of the four teachers on the
governing board and one other teacher employed at the public
charter school selected by the other teachers at the school. The
selection of the one public charter school teacher shall be by an
election administered by the principal and one person from the
central office selected by the county superintendent. The advisory
group shall interview all teacher candidates and recommend one or
more candidates for the teaching position. If the principal
notifies the advisory group that none of the recommended candidates
are acceptable for the teaching position, the advisory group shall
recommend one or more additional candidates for the teaching
position. This process shall continue until a teacher is hired by
the principal to fill the position. For any teacher conducting an
interview pursuant to this subsection during a time that is not
part of his or her employment term, the public charter school shall
pay that teacher in an amount that is based on the time spent
conducting the interviews and that teacher's normal rate of pay.
However
, no teacher may be paid more than the equivalent of five
days pay annually for conducting the interviews.
(d) The advisory group required to be created by this section
shall recommend a system of performance pay based on a career
ladder concept to the governing body within one year of the public
charter school receiving its initial authorization. The
recommended system of performance pay based on a career ladder
concept shall include increases in student achievement and other factors.
(e) The principal of a public charter school shall select
personnel to fill positions in the public charter school and the
county board shall employ those personnel and assign them to the
public charter school. The county board also shall deselect school
personnel assigned to a public charter school upon the request of
the principal of a public charter school. The principal has
supervisory authority over the school personnel assigned to the
school.
(f) The county board may not select, deselect or transfer any
person employed at a public charter school without the request or
direction of the principal of the public charter school.
(g) The county board shall either reduce the amount of funding
paid to the public charter school under section nine of this
article or may otherwise charge the public charter school for the
cost of the salaries and benefits for the school personnel employed
by the county board and assigned to the charter school.
§18-33-15. Termination of public charter school.
(a) Upon dissolution of a public charter school for any reason
or if a charter is not renewed, any unencumbered public funds from
the public charter school revert to the county board of the
district in which the public charter school is located.
(b) If a public charter school is dissolved for any reason or
a charter is not renewed, the charter school is responsible for all
debts of the charter school. Neither the county board of the district where the charter school is located or any other
governmental entity may assume the debt from any contract for
services made between the governing body of the public charter
school and a third party, except for a debt that is previously
detailed and agreed upon in writing by both the county board and
the governing body of the public charter school.
§18-33-16. Public charter school evaluation.
(a) During the 2014-2015 interim period, the Legislative
Oversight Commission on Education Accountability shall conduct a
comprehensive evaluation of public charter schools in West
Virginia. The evaluation at least shall include a review of
academic achievement in charter schools and the identification of
successful practices that should be replicated in other public
schools in the state.
(b) In addition to the comprehensive review required in
subsection (a) of this section, the Legislative Oversight
Commission on Education Accountability also shall conduct limited
annual evaluations.
(c) The Legislative Oversight Commission on Education
Accountability may request the Joint Committee on Government and
Finance to contract with a nationally recognized independent entity
with expertise in the subject matter to conduct both the
comprehensive evaluation and the limited annual evaluations and
report to the Legislative Oversight Commission on Education
Accountability.
_______
(NOTE: The purpose of this bill is
to allow county boards of
education to authorize the creation of new public charter schools
and the conversion of public schools to public charter schools
under certain conditions; set forth which laws and rules apply to
public charter schools and which do not; require a governing body
to be established for each public charter school; require teachers
and service personnel to receive the same pay as other teachers and
service personnel in the county and to receive the same benefits;
authorize merit pay for teachers based on a career ladder concept;
require student transportation to be provided by agreement with the
county board; give preferred status solely for the purposes of
applying for a position in a regular public school to certain
public charter school personnel who are deselected or resign;
require the selection of a public charter school principal by the
county board of education initially, but thereafter providing for
selection and deselection only upon the recommendation of the
governing body to the board; require the creation of an advisory
group to make recommendations to the principal for the selection
and deselection of teachers; require the county board of education
to select and deselect personnel based on the public charter school
principal's request; and requiring evaluations of public charter
schools.
This article is new; therefore, strike-throughs and
underscoring have been omitted.)
________
EDUCATION COMMITTEE AMENDMENTS
On page eight, section four, line six, by striking out the
word "sixty" and inserting in lieu thereof the word "eighty";
And,
On page eight, section four, line twenty, by striking out the
word "sixty" and inserting in lieu thereof the word "eighty".
________
FINANCE COMMITTEE AMENDMENTS
On page eight, section four, line six, after the word
"teachers" by inserting the words "and service personnel employed
as classroom aides, autism mentors, Braille or sign language
specialists and paraprofessionals";
On page thirteen, section six, line six, by striking out the
word "or";
And,
On page thirteen, section six, line seven, after the word
"achievement" by inserting the words "or two consecutive years
without improved test scores".