W. Va. Code R. § 126-79-4

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

Section 126-79-4 - Charter School Application

4.1. Charter school applications require applicants to provide information and evidence about a charter applicant's ability to open and operate a charter school that expands educational options and improves student outcomes. Well-designed charter school applications ensure that such evidence is sufficient to enable authorizers to make well-informed decisions regarding the approval status of charter school applications.

4.2. To assist and support both charter applicants and authorizers, a standard charter application is available on the WVDE's website. Authorizers must use the standard, statewide application. In addition to the statewide application, authorizers may issue addenda to the application so long as, at a minimum, the resulting combined application materials contain the items and acknowledgments outlined in this section and do not contradict anything in this policy. Authorizers shall either make this application and any addenda available on their websites or direct charter applicants to the WVDE website to access the standard application.

4.3. Application Requirements. In accord with W. Va. Code § 18-5G-3 and § 18-5G-8, the following items must be addressed in a charter school application:

4.3.a. Pursuant to W. Va. Code § 18-5G-8(b)(l), a mission statement and a vision statement for the charter school, inclusive of any specialized focus to be advanced through the establishment of the charter school.

4.3.b. Pursuant to W. Va. Code § 18-5G-8(b)(2) and § 18-5G-8(14), a description of the charter school's proposed educational program, including the grades and ages the charter school seeks to serve. While the charter school may include virtual learning opportunities as part of its proposed program, enrolled students shall not receive a majority of instruction through virtual, asynchronous instruction unless the applicant is seeking to establish a full-time virtual public charter school and includes in the application the additional requirements outlined in subsection 4.5.

4.3.c. Pursuant to W. Va. Code § 18-5G-8(b)(5), an explanation of how the proposed program is likely to improve achievement of traditionally under performing students in the county, meaning students or student subgroups with outcomes that are consistently lower than other students or subgroups.

4.3.d. Proposed accountability plan, including but not limited to:

4.3.d.1. Pursuant to W. Va. Code § 18-5G-8(b)(3), student achievement goals for the proposed program and the method to evaluate whether students have attained the skills and knowledge specified for those goals;

4.3.d.2. Pursuant to W. Va. Code § 18-5G-8(b)(4), the charter school's plan for using data derived from student evaluations and assessments to drive instruction and promote continued school improvement;

4.3.d.3. Pursuant to W. Va. Code § 18-5G-8(b)(4), an acknowledgement that the charter school will participate in the state's accountability system and an explanation for how the charter school will consider the state accountability results in its specific accountability plan; and

4.3.d.4. For charter schools seeking to enroll high school students, the proposed requirements for graduation.

4.3.e. Pursuant to W. Va. Code § 18-5G-8(b)(6), the proposed governance structure, inclusive of at least:

4.3.e.1. List of initial governing board members. For the initial governing board members, the applicant shall identify any education-related lawsuits in which such individuals have been involved, either directly or indirectly. Pursuant to W. Va. Code § 18-5G-7(a), the initial governing board shall consist of no fewer than five members elected or selected in a manner specified in the charter school application, including at least the following:

4.3.e.1.A. Two parents/guardians of students attending the charter school. These members may be identified after enrollment has occurred; and

4.3.e.1.B. Two members who reside in the community served by the charter school.

4.3.e.1.C. No board member shall count as both a parent/guardian representative and community representative.

4.3.e.2. Bylaws, which shall include description of the qualifications, terms, and methods of appointment or election of governing board members, subject to W. Va. Code § 18-5G-7(b), which requires members of governing boards:

4.3.e.2.A. Not be employees of the charter school administered by the governing board;

4.3.e.2.B. Not be employees of, or receive compensation from, an ESP that provides services to the charter school;

4.3.e.2.C. File a full disclosure report to the authorizer identifying potential conflicts of interest, relationships with ESPs, and relationships with family members who are employed by the school or have other business dealings with the school, the management organization of the school, or any other charter public school;

4.3.e.2.D. Participate in training for new governing board members provided by the WVDE;

4.3.e.2.E. Collectively possess documented expertise in leadership, curriculum and instruction, law, human resources, and finance;

4.3.e.2.F. Be considered an officer of a school district under the provisions of W. Va. Code § 6-6-7 and removal from office shall be in accordance with the provisions of that section;

4.3.e.2.G. Not be a member of the authorizing county board of education; and

4.3.e.2.H. Provide documentation of and explanation for any education-related actions taken, legal or otherwise, against them for academic, financial, or ethical concerns. These actions may relate to education generally and/or the operation of charter schools specifically.

4.3.e.3. Organizational structure of the charter school, which shall include clear lines of authority and reporting between the governing board, school administrators, staff, any advisory bodies or parent/guardians and teacher councils, and any external individuals or organizations that will play a role in managing the charter school, including, but not limited to education service providers (ESPs).

4.3.f. Pursuant to W. Va. Code § 18-5G-8(b)(7), the plans and timelines for student enrollment application to and enrollment in the charter school, inclusive of the school's primary recruitment area and process for conducting a transparent and random admission lottery when necessary, subject to W. Va. Code § 18-5G-11 and section 9. The primary recruitment area shall be based on the charter school's estimated facility and program capacity, pursuant to W. Va. Code § 18-5G-ll(a)(5). The applicant shall also identify any student enrollment preferences, as defined in section 9 and in ranked order, it plans to use should student enrollment applications exceed capacity. The use of agreed upon preferences in any lottery conducted for admission to the charter school shall conform to the requirements of W. Va. Code § 18-5G-11 and section 9.

4.3.f.1. Pursuant to W. Va. Code § 18-5G-14(a)(l), the student enrollment capacity for a virtual charter school authorized by the West Virginia Professional Charter School Board is limited to five percent of the corresponding statewide headcount enrollment per year of the grade levels actually being served by the virtual charter school. The enrollment capacity limits for the virtual charter school shall be applied against the corresponding statewide headcount enrollment for the preceding school year by grade bands: grades K-2, grades 3-5, grades 6-8, and grades 9-12. For example, if a virtual charter school serves grades 6-12, the enrollment limit for grades 6-8 will be calculated based on the corresponding statewide headcount enrollment for the preceding school year in those same grades and a separate limit shall be calculated for grades 9-12 using the same methodology.

4.3.f.2. Pursuant to W. Va. Code § 18-5G-14(a)(2), the student enrollment capacity for a virtual charter school authorized by one or more county boards of education is limited to ten percent of the corresponding county's headcount enrollment per year of the grade levels actually being served by the virtual charter school. The enrollment capacity limits for the virtual charter school shall be applied against the corresponding county's headcount enrollment counts for the preceding school year by grade bands: grades K-2, grades 3-5, grades 6-8, and grades 9-12. For example, if a virtual charter school serves grades 6-12, the enrollment limit for grades 6-8 will be calculated based on the corresponding county headcount enrollment for the preceding school year in those same grades and a separate limit shall be calculated for grades 9-12 using the same methodology.

4.3.g. Pursuant to W. Va. Code § 18-5G-8(b)(8), a proposed five-year budget, including the start-up year and projections for four additional years with clearly stated assumptions.

4.3.h. Pursuant to W. Va. Code § 18-5G-8(b)(9), the proposed fiscal and internal control policies of the charter school.

4.3.i. A staffing plan that outlines a strategy for hiring the professional and service personnel necessary to reasonably achieve the charter school's education mission who meet the hiring criteria identified in the charter school application. The staffing plan must include, but is not limited to, an explanation of how the governing board plans to establish requisite qualifications and any associated certification and/or licensure necessary for administrators, teachers, and other instructional and support staff to be employed at the charter school and a method for verifying that these requirements are met, pursuant to W. Va. Code § 18-5G-3(b)(8). At a minimum, the proposed criteria for hiring qualified teachers and other instructional staff shall demonstrate that individuals have relevant documented academic or occupational qualifications or experiences that reasonably indicate they will be competent to fill the positions in which they would be employed. Documentation of such relevant qualifications or experiences may include a four-year undergraduate degree or higher in a subject related to those the individual will teach, a professional certification in a field related to the one the individual will teach, and/or other comparable documentation deemed acceptable by the authorizer.

4.3.j. Pursuant to W. Va. Code § 18-5G-8(b)( 11), a proposed handbook outlining the charter school's personnel policies, which, at a minimum, shall include:

4.3.j.1. A description of staff responsibilities;

4.3.j.2. Performance management processes and plans for administrators, teachers, other instructional personnel, and other staff at the charter school; and

4.3.j.3. Employment practices and policies including those covering disputes and due-process procedures for staff.

4.3.k. Pursuant to W. Va. Code § 18-5G-8(b)(12) and consistent with section 9, an explanation of proposed student discipline procedures, allowing for appropriate due process for all students including students with exceptionalities. The discipline procedures shall provide for appropriate due process protections for students with exceptionalities and be consistent with state and federal laws and regulations governing the placement of students with exceptionalities.

4.3.l. Pursuant to W. Va. Code § 18-5G-8(b)(13), a description of the facilities to be used by the charter school and how the facility supports the implementation of the school's program, and any services provided, and meets zoning, building, and safety requirements established for non-charter public schools, pursuant to W. Va. Code § 18-5G-3(c)(12) and § 18-5G-3(c)(13).

4.3.m. Pursuant to W. Va. Code § 18-5G-8(b)(14), the projected minimum and maximum enrollment per grade per year throughout the duration of the contract.

4.3.n. Pursuant to W. Va. Code § 18-5G-8(b)(15), the school calendar and school day schedule.

4.3.n.1. Pursuant to W. Va. Code § 18-5G-14(a)(9), applicants seeking to establish a virtual charter school that utilizes a learn at your own pace program are not required to comply with the instructional term requirement set forth in W. Va. Code § 18-5-45. Such applicants shall include in the application a description of how sufficient opportunities for learning and engagement will be provided to allow mastery of course content by students enrolled in the virtual charter school.

4.3.o. Pursuant to W. Va. Code § 18-5G-8(b)(16), the types and amounts of insurance coverage the charter school will obtain, which shall include adequate insurance for liability, property loss, and the personal injury.

4.3.p. Pursuant to W. Va. Code § 18-5G-8(b)(17), a description of food services to be provided to students attending the school and how those services shall meet federal nutrition standards or state nutritional standards when they are stricter, pursuant to W. Va. Code § 18-5G-3(c)(l).

4.3.q. Pursuant to W. Va. Code § 18-5G-8(b)(19), the ethics standards for the school as well as governing board, officers, and school employees.

4.3.r. Pursuant to W. Va. Code § 18-5G-8(b)(20), the plan for serving students with special needs. At a minimum, this plan must comply with applicable state and federal laws and regulations. To the extent known, the application shall identify the specific areas and services where the charter school will seek to contract with other entities to provide services. At a minimum, the applicant's plan for serving students with exceptionalities shall include:

4.3.r.1. The applicant's plan to provide the full spectrum of placements for students with exceptionalities.

4.3.r.2. The applicant's plan to ensure that Child Find responsibilities are being met. This shall include a description of policies and practices to identify and assess the needs of students who may be eligible to receive special education and related services and to identify students who are at-risk for exceptionalities and seek appropriate evaluations.

4.3.r.3. The applicant's plan to ensure retention of students with exceptionalities.

4.3.r.4. A description of the specialized staff to be hired to administer programs and provide special education and related services.

4.3.r.5. The applicant's plan for providing the physical space to meet the needs of students with exceptionalities.

4.3.r.6. A reasonable funding plan that reflects an understanding of how special education and related services are funded.

4.3.s. Pursuant to W. Va. Code § 18-5G-8(b)(21), a description of co-curricular and extracurricular programs to be offered and how such programs will be funded and delivered. All extracurricular programs offered by the charter school are subject to Secondary School Activities Commission (SSAC) rules.

4.3.t. Pursuant to W. Va. Code § 18-5G-8(b)(22), a clear, articulated proposed process for resolving disputes with the authorizer.

4.3.u. Pursuant to W. Va. Code § 18-5G-8(b)(23), a detailed start-up plan, including financing, tasks, timelines, and individuals responsible for carrying out the plan.

4.3.v. Pursuant to W. Va. Code § 18-5G-8(b)(24), the charter school's plan to notify students, parents/guardians, and others in the school's primary recruitment area of the school as an option available for students and the process for applying for enrollment in the charter school.

4.3.w. Pursuant to W. Va. Code § 18-5G-8(b)(25), the charter school's plan for parental and community involvement.

4.3.x. Pursuant to W. Va. Code § 18-5G-8(c), if the charter school intends to contract with an ESP, the information included in section 11 must be included in the charter school application.

4.3.y. Pursuant to W. Va. Code§ 18-5G-3(c)(ll), the process the charter school will use to obtain a criminal history check for charter school personnel, governing board members, and all other individuals that have physical or virtual presence or interaction with students enrolled at the charter school. Charter applicants may rely on any criminal history check performed by the WVDE in conjunction with the issuance of a license or other credential to work in the public schools in this state as required in section 7.

4.3.z. Any additional information the authorizer includes as part of the charter school application.

4.3.aa. Pursuant to W. Va. Code § 18-5G-8(b)(18), the proposed process and procedures to be followed in the case of closure or dissolution of the charter school for any reason. At a minimum, the proposed process shall:

4.3.aa.1. Explain the method for notifying students, parents/guardians, staff, and stakeholders of reasons and timeline for closure;

4.3.aa.2. Describe the process for the transfer of students, student records, staff/human resource records, and administrative and financial documents and information to the appropriate county board of education;

4.3.aa.3. Provide assurance and agreement to return net assets or equity to authorizer after payment of debts;

4.3.aa.4. Detail the process for reporting any outstanding data and completing necessary auditing;

4.3.aa.5. Establish a timeline for performing and completing all tasks related to the closure; and

4.3.aa.6. Comply with the provisions of section 8.

4.4. Additional Requirements for Conversion Charter Schools. In addition to the requirements set forth in subsection 4.3, the following items must also be addressed in a charter school application seeking to establish a conversion charter school:

4.4.a. The level of support from staff, students, and families of students enrolled in the non-charter public school for the filing of the application to convert the non-charter public school to a charter school.

4.4.b The charter school's plans for leasing and using the facilities and equipment of the existing non-charter public school, including but not limited to existing school buildings, information technology (IT) equipment, athletic facilities and equipment, etc., pursuant to W. Va. Code § 18-5G-12.

4.5. Additional Requirements for Virtual Charter Schools. In addition to the requirements set forth in subsection 4.3, the following items must also be addressed in a charter school application seeking to establish a virtual public charter school:

4.5.a. Virtual public charter schools are required to provide appropriate hardware (computer, tablet, etc.) and software for students to complete all learning activities and must also ensure each student enrolled in the school has appropriate access to reliable internet connectivity. An application to establish a virtual charter school shall identify the hardware to be provided to students and the plan for verifying that all enrolled students have sufficient connectivity to complete instructional activities and ultimately be successful at the school. The applicant must also have a technical support plan to assist students experiencing technical difficulties.

4.5.b. The process for administering the general summative assessment, including but not limited to, the physical facility to be used.

4.5.c. The proposed method for documenting consistent attendance to satisfy the attendance indicator on West Virginia's federal accountability plan. Such methods may include, but are not limited to, routine log-in requirements, daily completion tasks, face-to-face interaction, etc. The method ultimately included in a resulting charter contract must comply with West Virginia's approved federal accountability plan.

4.5.d. The plan for satisfying IDEA and ensuring enrolled students receive a free, appropriate public education (FAPE). Specifically included in the plan, at a minimum, must be a description of how the charter school will:

4.5.d.1. Ensure that each eligible child with an exceptionality has FAPE available to him or her in accordance with 34 CFR §§ 300.101 and 300.17;

4.5.d.2. Implement the evaluation and eligibility requirements in 34 CFR §§ 300.300-300.311;

4.5.d.3. Carry out the IEP requirements in 34 CFR §§ 300.320 through 300.324, including those governing IEP content, IEP Team participants, parent/guardian participation, when lEPs must be in effect, consideration of special factors, the development, review, and revision of lEPs, secondary transition services and participation in state assessment programs;

4.5.d.4. Implement the requirements in 34 CFR §§ 300.114 through 300.117, regarding education in the least restrictive environment, including ensuring the availability of a continuum of alternative placements to provide special education and related services; and

4.5.d.5. Serve children with exceptionalities in the same manner as children with exceptionalities are served by non-charter schools and provide IDEA Part B funds on the same basis as provided at other schools in the county (34 CFR §§ 300.209(b)).

4.5.e. Pursuant to W. Va. Code § 18-5G-14(a)(12), the proposed method for using data to demonstrate student progress toward graduation. Measurement of such progress shall account for specific characteristics of each enrolled student, including but not limited to age and course credit accrued prior to enrollment in educational instruction and course content that are delivered primarily over the internet pursuant to enrollment, and shall be consistent with evidence based practices.

4.5.f. Pursuant to W. Va. Code § 18-5G-14(a)(12), the requirements for student engagement in instructional activities. Pursuant to W. Va. Code § 18-5G-14(a)(13), for the purpose of virtual charter schools, instructional activities means the following classroom-based or non-classroom-based activities that a students is expected to complete, participate in, or attend during any given school day:

4.5.f.1. Online logins to curriculum or programs;

4.5.f.2. Offline activities;

4.5.f.3. Completed assignments within a particular program, curriculum, or class;

4.5.f.4. Testing;

4.5.f.5. Face-to-face communications or meetings with school staff or service providers;

4.5.f.6. Telephone or video conferences with school staff or service providers; or

4.5.f.7. Other documented communication with school staff or service providers related to school curriculum, programs, or services.

4.5.g. Pursuant to W. Va. Code § 18-5G-14(1)(12), the requirements for teacher responsiveness. Expectations and consequences for appropriate teacher responsiveness shall be included in the virtual charter school's personnel policy handbook required pursuant to W. Va. Code § 18-5G-8(b)(ll) and subsection 4.3.j.

4.5.h. Pursuant to W. Va. Code § 18-5G-14(a)(13), a policy regarding the failure of students to participate in instructional activities. The policy must include a process and timeline for identifying students who are consistently not engaging in learning activities and providing the appropriate supports to promote consistent engagement. This plan shall also state that a student shall become subject to certain consequences, including disenrollment from the school, if both the following conditions are satisfied:

(1) the student's parent/guardian receives a written report identifying the student's consistent lack of engagement and repeated attempted interventions by the school; and

(2) the student continues to fail to comply with the student engagement requirements within a reasonable period of time following the report. If a virtual charter student is disenrolled from the virtual charter school pursuant to the policy outlined in this subsection, the student's county of residence shall be immediately notified and the student shall be transferred to that county and shall not be eligible to enroll in a virtual charter school for one school year from the date of the student's disenrollment.

4.6. Affirmative Acknowledgements. All charter applicants must agree to the following terms and include these terms with affirmative acknowledgements in the charter school application:

4.6.a. Pursuant to W. Va. Code § 18-5G-2(1), the applicant is a 501(c)(3) organization or has applied for such status.

4.6.b. Pursuant to W. Va. Code § 18-5G-3(a)(l) and § 18-5G-3(c)(6), charter schools will administer the same required general summative assessments, including the National Assessment of Educational Progress (NAEP) if sampled, using the same protocols as non-charter public schools.

4.6.c. Pursuant to W. Va. Code § 18-5G-3(a)(3), the charter school will not be home school-based, and will not be predominately virtual school-based unless the applicant is seeking to establish a virtual public charter school.

4.6.d. Pursuant to W. Va. Code § 18-5G-3(a)(4) and § 18-5G-3(a)(5), the charter school is not affiliated with any religious organization and will not espouse any religious preference or promote/engage in any religious practices in its educational program, admissions, employment policies, or operations.

4.6.e. Pursuant to W. Va. Code § 18-5G-3(a)(7), the charter school will not charge tuition and will only charge fees as may be imposed by non-charter local public schools.

4.6.f. Pursuant to W. Va. Code § 18-5G-3(a)(8), the charter school will not, whether through the admission or enrollment process or general operation of the school, put in place requirements or practices that would exclude any child from admission or enrollment at the charter school who would not be excluded at a non-charter public school. Additionally, the charter school's admission and enrollment processes are in accordance with applicable law and void of discrimination, and admissions materials for students seeking enrollment include a non-discrimination statement indicating that all applicants, including those with exceptionalities, are eligible to attend.

4.6.g. Pursuant to W. Va. Code § 18-5G-3(c)(l), the charter school will appropriately evaluate students and comply with all federal requirements, including but not limited to federal nutrition standards, the Civil Rights Act of 1964 (Pub.L. 88-352, 78 Stat. 241 (1964); the McKinney Vento Homeless Assistance Act, U.S.C. 11431 et seq.; the Individuals with Disabilities Education Improvement Act of 2004 (IDEA), Pub.L. 108-446; the Americans with Disabilities Act of 1990 (ADA), Pub.L. 101-336, 104 Stat. 328 (1990); and Section 504.

4.6.g.1. In accordance with IDEA, charter schools shall comply with its provisions, including its mandate that students with exceptionalities covered by its protections receive FAPE with access to the general curriculum in the least restrictive environment (LRE) appropriate for their needs. Charter schools shall develop, implement, monitor, and evaluate an IEP for each such student eligible under the provisions of IDEA and W. Va. 126CSR16, Policy 2419, Regulations for the Education of Students with Exceptionalities. The charter school shall acknowledge it is prepared to enroll a comparable proportion of students with exceptionalities as are enrolled in local non-charter public schools.

4.6.g.2. In accordance with Section 504 and the ADA, no otherwise qualified student with an exceptionality seeking to engage in a major life activity shall, solely by reason of her or his exceptionality, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by a charter school. Charter schools shall create, maintain, and implement a service plan and provide accommodations for each student determined to be eligible for such services.

4.6.h. Pursuant to W. Va. Code § 18-5G-3(c)(2), the charter school and governing board will timely comply and respond to requests received pursuant to the Freedom of Information Act (W. Va. Code § 29B-1-1, et seq.).

4.6.i. Pursuant to W. Va. Code § 18-5G-3(c)(2), the governing board will conduct its business in compliance with The Open Governmental Meetings Act (W. Va. Code § 6-9A-l, et seq.).

4.6.j. Pursuant to W. Va. Code § 18-5G-3(c)(3), the charter school will adhere to the same immunization requirements that are applicable to non-charter public schools.

4.6.k. Pursuant to W. Va. Code § 18-5G-3(c)(4), the charter school will adhere to the same compulsory school attendance requirements that are applicable to non-charter public schools.

4.6.l. Pursuant to W. Va. Code § 18-5G-3(c)(5), students attending the charter school will receive the same minimum number of days or an equivalent amount of instructional time per year as required of students attending non-charter public schools under W. Va. Code § 18-5-45. Applicants seeking authorization for a virtual charter school that utilizes a learn at your own pace program shall acknowledge that sufficient opportunity for learning and engagement is provided to allow mastery of course content by students enrolled in the virtual charter school.

4.6.m. Pursuant to W. Va. Code § 18-5G-3(c)(7), the charter school will comply with the West Virginia Student Data Accessibility, Transparency and Accountability Act as set forth in W. Va. Code § 18-2-5h and W. Va. 126CSR94, Policy 4350, Procedures for the Collection, Maintenance and Disclosure of Student Data (Policy 4350), in addition to the Family Educational Rights Privacy Act (FERPA).

4.6.n. Pursuant to W. Va. Code § 18-5G-3(c)(ll), contractors and service providers, and employees of the same, are prohibited from making direct contact with students, virtually or in person, and will not be permitted unaccompanied access to school grounds when students are present until it can be verified that such individuals have not previously been convicted of a qualifying offense pursuant to W. Va. Code § 18-5-5(c).

4.6.o. Pursuant to W. Va. Code § 18-5G-l(f), no elected official is receiving, or will receive, monetary compensation or otherwise profit from the approval or operation of the proposed charter school. Provided, that this prohibition does not prohibit the employment of an elected official by a charter school once it has been authorized.

4.6.p. Pursuant to W. Va. Code § 18-5G-3(c)(8), the charter school will use the West Virginia Education Information System (WVEIS) to timely and regularly report all data required by statute, policy, and the charter contract.

4.6.q. Pursuant to W. Va. Code § 18-5G-3(c)(10), the charter school and governing board will meet the same accounting and financial reporting requirements required of non-charter public schools, including but not limited to participation in the State Auditor's financial transparency website.

4.6.r. Pursuant to W. Va. Code § 18-5G-8(b)(13) and § 18-5G-3(c)(13), the charter school will adhere to the same building codes, occupancy requirements, regulations, and facility fees that apply to non-charter public schools under Chapter 18 of the W. Va. Code, including but not limited to West Virginia State Fire Marshal inspections and certificate of occupancy certificate requirements. The charter school shall further acknowledge that it will obtain all required occupation and operation certificates and licenses prior to the first instructional day for students.

4.6.s. Pursuant to W. Va. Code § 18-5G-ll(a)(6), the charter school shall not discriminate against any person on any basis which would be unlawful, under state or federal law, for non-charter public schools in the school district. Provided, this prohibition shall not be construed to limit a charter school from establishing any of the limited set of enrollment preferences allowed in W. Va. Code § 18-5G-1 et seq. and this policy.

W. Va. Code R. § 126-79-4