W. Va. Code R. § 126-79-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-79-3 - Definitions

3.1. Accountability Plan. The set of objectives against which the success of a charter school is evaluated. The accountability plan must be comprised of two parts. First, charter schools must participate in the state accountability system, pursuant to W. Va. Code § 18-5G-3(a)(l) and § 18-5G-8(b)(10). Second, charter schools are accountable to a performance framework defined in the charter contract that includes a set of student outcome goals and specific measures aligned to the educational mission of the charter school, pursuant to W. Va. Code §§ 18-5G-4(a)(4), 18-5G-6(h), and 18-5G-9(c). Authorizers will use success in meeting the goals of the accountability plan in evaluating the status of charter contracts.

3.2. Authorizer. Pursuant to W. Va. Code § 18-5G-2(2), the entity that reviews charter school applications, determines whether to approve or reject charter school applications, enters into charter contracts with approved charter school applicants, oversees the charter public school the entity has authorized, and determines whether to renew, not renew, or revoke a charter contract.

3.2.a. Authorizers include (1) a county board of education when the application includes a primary recruitment area, as defined in section 9, that is wholly within the county over which the county board has jurisdiction, (2) two or more county boards of education when the application includes a primary recruitment area that encompasses territory in the two or more counties over which the respective boards have jurisdiction; or (3) the West Virginia Professional Charter School Board. The West Virginia Board of Education (WVBE) may serve as an authorizer in a county where the WVBE is currently intervening pursuant to W. Va. Code § 18-2E-5 or when a county board of education, or two or more county boards of education, has approved an application and then submits a request to the WVBE to perform all other authorizer duties and responsibilities demonstrating that the county board(s) lacks the capacity to fulfill the authorizing duties and responsibilities set forth in law and policy.

3.3. Charter Applicant or Applicant. Pursuant to W. Va. Code § 18-5G-2(1), any one or more combination of parents/guardians, community members, teachers, school administrators, or institutions of higher education in this state who are interested in organizing a charter school, have obtained or applied to obtain 26 U.S.C. § 501(c)(3) (501(c)(3)) tax-exempt status, and have developed and submitted a charter school application to an authorizer. Notwithstanding any other provision of this policy, an applicant must obtain 501(c)(3) status before operation of any charter school commences.

3.4. Charter Contract. Pursuant to W. Va. Code § 18-5G-2(3), the fixed-term, renewable contract between a charter school's governing board and an authorizer. The required components of a charter contract are detailed in section 6.

3.5. Charter Public School or Charter School. Pursuant to W. Va. Code § 18-5G-2(11), a public school that is authorized in accordance with W. Va. Code § 18-5G-1, et seq. and this policy. References to the entity of a charter school encompass the governing board, administration, and staff of the charter school in question, except where specific reference is made to one group. In all cases, the governing board of a charter school is ultimately responsible for the actions and performance of the charter school. Pursuant to W. Va. Code § 18-5G-5(c), charter schools are their own local education agency (LEA) for all purposes except as stated otherwise in this policy for purposes of the public school support plan (PSSP), and are not considered to be part of the county board of education LEA. Notwithstanding the mode or method of educational delivery, charter schools have the same roles, duties, and responsibilities to students as existing LEAs.

3.5.a. A Conversion Charter school is a charter school that existed as a non-charter public school prior to being authorized to operate as a charter school. Applicants seeking to establish a conversion charter school can only apply to the county board of education where the school is located. In accordance with W. Va. Code § 18-5G-l(e), existing private, parochial, and nonpublic schools are not permitted to apply as a conversion charter school.

3.5.b. A Start-up Charter School is a charter school that did not exist as a non-charter public school prior to becoming a charter school. In accordance with W. Va. Code § 18-5G-l(e), existing private, parochial, and nonpublic schools are not permitted to apply as start-up charter schools.

3.5.c. A Virtual Charter School is a charter school that provides educational services predominantly through an online program.

3.6. Conditional Approval. Approval given by an authorizer after thoroughly reviewing a charter school application based upon the representations and commitments made by the applicant in the application and through the application process. Satisfaction of those representations and commitments will result in final approval of the charter school application by the authorizer.

3.7. Education Service Provider (ESP). An entity that manages the day-to-day delivery of education to students in a charter school and meets and adheres to the requirements set forth in W. Va. Code § 18-5G-2(7) and section 11. Notwithstanding any contractual agreements with an ESP, the governing board remain accountable for the charter school's performance.

3.8. Governing Board. An entity that meets the requirements of W. Va. Code § 18-5G-7 and is party to a charter contract with an authorizer. Specific references to the governing board in this policy indicate where the governing board has a specific duty to perform certain acts. The governing board is the entity responsible for the actions and performance of charter schools.

3.9. Non-charter Public School. Pursuant to W. Va. Code § 18-5G-2(9), a public school or multicounty career technical education (CTE) center other than a charter school.

3.10. Student. Pursuant to W. Va. Code § 18-5G-2(15), any person who is eligible to attend a public school in West Virginia.

3.11. Student with Special Needs. A student who has a documented need that may require additional focus, support, and resources to successfully educate the student. Such students include, but are not limited to, at-risk students, English learners, students with severe disciplinary problems at a non-charter public school, or students involved with the juvenile justice system, pursuant to W. Va. Code § 18-5G-3(b)(4)(B). Students with exceptionalities, including students with an individualized education program (IEP), and/or a plan that meets the requirements of Section 504 of the Rehabilitation Act of 1973, Pub.L. 93-112,87 Stat. 394 (1973) (Section 504) also qualify as a students with special needs. The explicit inclusion of specific needs does not limit the inclusion of other needs that meet the spirit and intent of this definition and W. Va. Code § 18-5G-1 et seq.

3.12. West Virginia Professional Charter School Board. Pursuant to W. Va. Code § 18-5G-2(17) and § 18-5G-15, the statutorily created board with, in addition to county boards of education, the ability 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.

W. Va. Code R. § 126-79-3