West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-079 - Charter Public Schools (3300) › Section 126-79-8 - Process for Renewal and Revocation of Charter Contracts

Current through Register Vol. XLI, No. 28, July 12, 2024
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.