W. Va. Code R. § 126-79-8

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

Section 126-79-8 - Process for Renewal and Revocation of Charter Contracts

8.1. Purpose. The renewal process is pivotal to ensuring that authorized charter schools continue to promote the aims of improved student outcomes, innovative educational methods, and expanded educational opportunities set forth in W. Va. Code § 18-5G-l(b). The renewal process provides the charter school authorizer with the opportunity to review the practices and outcomes of a charter school and determine whether its continued operation supports these aims in the area within which it operates.

8.2. Renewal Review and Application Process.

8.2.a. Pursuant to W. Va. Code § 18-5G-10(a), no later than June 30 preceding the final school year of a charter school's final year of its charter contract, the authorizer shall issue a performance report on the charter school. The performance report shall summarize the charter school's performance record to date, based on agreed data collection in the charter contract, state law, and this policy, and shall provide notice of any weaknesses or concerns perceived by the authorizer concerning the school that may jeopardize its position in seeking renewal if not timely rectified. The school and the authorizer shall mutually agree to a reasonable time period for the charter school to respond to the performance report and submit any corrections for the report.

8.2.b. Pursuant to W. Va. Code § 18-5G-10(b), no later than June 30 preceding the final school year of a charter school's final year of its charter contract, the authorizer shall provide contract renewal application guidance to the charter school. The renewal application guidance shall include or refer explicitly to the criteria and standards agreed upon in the charter contract and will guide the authorizer's renewal decisions. To assist authorizers, the WVDE will provide a standard renewal application template. Authorizers may use and/or modify the standard renewal application to the extent necessary to align the renewal process with the original contract, including addenda, and the educational mission of the charter school. The renewal application guidance that authorizers provide shall, at a minimum, require and provide an opportunity for charter school to:

8.2.b.1. Present evidence, beyond the data contained in the performance report, supporting its case for charter renewal;

8.2.b.2. Describe improvements undertaken or planned for the school; and

8.2.b.3. Detail the school's plans for the next charter term.

8.2.c. Pursuant to W. Va. Code § 18-5G-10(c), no later than September 30 of a charter school's final authorized year of operation under a term of a charter contract, the governing board of the charter school seeking renewal shall submit a renewal application to the authorizer pursuant to the renewal application guidance offered by the authorizer.

8.2.d. Pursuant to W. Va. Code § 18-5G-10(c), no later than 45 days after receiving a properly completed renewal application, an authorizer shall adopt a resolution in an open public meeting regarding the renewal application. In reaching a decision on the renewal application, the authorizer shall:

8.2.d.1. Pursuant to W. Va. Code § 18-5G-10(c)(l), ground its decisions on a thorough analysis of evidence of the school's performance over the term of the charter contract in accordance with the terms and measures established in the accountability plan set forth in the charter contract and public input collected through the same means as other public comments on county board of education actions, annual performance reports, and any required financial audits;

8.2.d.2. Pursuant to W. Va. Code § 18-5G-10(c)(2), ensure that data used in making renewal decisions are available to the charter school and the public;

8.2.d.3. Pursuant to W. Va. Code § 18-5G-10(c)(3), include, as part of the resolution, a report summarizing the evidence basis and specific reasons for its decision;

8.2.d.4. Pursuant to W. Va. Code § 18-5G-9(d), comply with any additional provisions in the charter contract relating to the renewal application process that do not conflict with this section; and

8.2.d.5. Pursuant to W. Va. Code § 18-5G-10(c)(4), specifically, include one of the following rulings:

8.2.d.5.A. Renew the charter contract for a specified term of years based on the school's performance data and demonstrated capacities of the charter school. Pursuant to W.Va. Code § 18-5G-14(a)(3), the term of renewal contracts for virtual charter schools shall be five years; or

8.2.d.5.B. Decline to renew the charter contract. Pursuant to W. Va. Code § 18-5G-10(f), the authorizer may rely on any of the following reasons for not renewing a charter contract:

8.2.d.5.B.1. The health and safety of students attending the charter school is threatened;

8.2.d.5.B.2. The governing board and/or charter school failed to substantially comply with the provisions of this policy, state code, or federal law;

8.2.d.5.B.3. The governing board and/or charter school committed a material violation of any of the terms, conditions, standards, or procedures required in the charter contract and/or provided false or fraudulent information, by omission or commission, on its charter school application;

8.2.d.5.B.4. The charter school failed to substantially meet the performance expectations set forth in the charter contract;

8.2.d.5.B.5. The governing board and/or charter school failed to substantially meet generally accepted standards of fiscal management;

8.2.d.5.B.6. The governing board and/or charter school violated any provision of law from which the charter school was not exempted; or

8.2.d.5.B.7. With supporting evidence and rationale, continued operation of the charter school would not be in the best interests of students.

8.2.e. Pursuant to W. Va. Code § 18-5G-10(c)(4)(B), in the case of nonrenewal of a charter contract, the governing board of the charter school shall have 30 days to respond in writing to the authorizer's decision. If timely requested by the governing board, the authorizer shall arrange for a public hearing, which shall be recorded, and the governing board may be represented by counsel and call witnesses to testify.

8.2.f. Pursuant to W. Va. Code § 18-5G-10(c)(4)(B), no later than 10 days after receiving a governing board's written response to a decision not to renew a charter contract, the authorizer shall render a final decision on the renewal application. The authorizer shall consider the governing board's response, testimony, and documentation, as well as the recorded public hearing, prior to rendering a final decision on the renewal application. Pursuant to W. Va. Code § 18-5G-10(g), the authorizer's final decision, and the reasons supporting the final decision, must be clearly stated in a resolution adopted in an open public meeting. If a governing board does not submit a written response to an authorizer's decision to not renew a charter contract within the timeframe outlined in subsection 8.2.e., the authorizer's decision not to renew shall be final.

8.2.g. Pursuant to W. Va. Code § 18-5G-10(e), within 10 days of taking final action on a renewal application, the authorizer shall report the action taken and reasons for the decision to the school's governing board, the WVBE, and affected authorizers(s), as applicable. A copy of the report shall be submitted at the same time to the State Superintendent of Schools.

8.2.h. Pursuant to W. Va. Code § 18-5G-10(d), the failure of the authorizer to act on a renewal application within the designated timeframes shall be deemed an approval of the renewal application.

8.2.i. A nonrenewal of a charter contract may be appealed to the WVBE within 30 days of authorizer's final decision.

8.3. Revocation of a Charter Contract.

8.3.a. Revocation Process. Pursuant to W. Va. Code § 18-5G-10(h), a charter contract may be revoked at any time if the authorizer determines that:

8.3.a.1. The health and safety of students attending the public charter school is threatened;

8.3.a.2. An administrator employed by or member of the governing board over the charter school is convicted of fraud or misappropriation of funds;

8.3.a.3. There is a failure to meet generally accepted standards of financial management;

8.3.a.4. There is a material breach of the charter contract;

8.3.a.5. There is a substantial violation of any provision of law from which the public charter school is not exempt; or

8.3.a.6. There are dire and chronic academic deficiencies.

8.4. Closure of a Charter School.

8.4.a. Pursuant to W. Va. Code § 18-5G-10(j), in the event a charter school is closed for any reason, the authorizer and governing board shall follow the process outlined in the charter contract for closing the school. To ensure a smooth and orderly closure and transition for students and parents/guardians, the WVDE will oversee and assist where needed and appropriate in the closure process to ensure the following items are accomplished:

8.4.a.1. Timely notification to parents/guardians of the reason(s) and timeline for closure;

8.4.a.2. Orderly transition of students and student records to new non-charter or charter schools.

8.4.a.3. Pursuant to W. Va. Code § 18-5G-10(j)(2), proper disposition of school funds, property and assets in the following order:

(1) to satisfy outstanding payroll obligations for employees of the charter school;

(2) to satisfy creditors of the charter school, and

(3) remaining funds, property, or assets shall transfer to the authorizer(s). If the assets of the charter school are insufficient to pay all the parties to whom the charter school owes compensation, the prioritization of assets may be altered by decree of a court of law.

8.4.b. Pursuant to W. Va. Code § 18-5G-10(h), when the charter is revoked or not renewed for a school that began as a conversion charter school, the county board with authority over the district in which the school is located may return it to non-charter public school status.

8.4.c. Pursuant to W. Va. Code § 18-5G-10(k), if a charter school is subject to closure or transition back to a non-charter public school, an authorizer may remove at will at any time any or all of the members of the charter school governing board if deemed necessary to ensure a smooth and orderly closure or transition. If the authorizer removes members of the governing board such that it can no longer function, the authorizer shall be empowered to take any further necessary and proper acts connected with closure or transition of the charter school in the name and interest of the charter school.

W. Va. Code R. § 126-79-8