Fast Facts:

Law enacted: 2021

Most recently amended: 2023

Law passed: 2019

Number of charter schools: 8

Number of charter students: 3,400

Cap on the number of schools allowed: Yes; every 3 years 10 more brick-and-mortar schools allowed.

Virtual charters allowed: Yes, virtual charters capped at 10% county enrollment.

Charter Law Analysis:

AUTHORIZERS: The new West Virginia Professional Charter School Board created in 2023 has the authority to authorize charter schools across the state, including two virtual schools. The new board consists of five voting members, appointed by the Governor, with the advice and consent of the Senate, and is separate from the state's education apparatus. County school boards and districts are also permitted to authorize, and the State Board of Education can become an authorizer on appeal or if requested by local boards. The appeals process allows an applicant or governing board of an existing public charter school to appeal adverse decisions from districts to the state board of education within 30 days of the authorizer's decision..

GROWTH: The West Virginia Professional Charter School Board can authorize an additional two, statewide virtual charter schools which can enroll up to 5 percent of statewide public school enrollment. County boards may authorize one virtual charter school per county, open to up to 10 percent of the county's public school enrollment.

OPERATIONS: Charter schools are permitted to operate their own local education agencies, an enormously important move that ensures that interference by districts and overregulation will be kept at bay. While it's not certain this will apply fully to district-approved charter schools, which are unlikely anyway, the new charter board will safeguard autonomy for their approved charter schools, and it is that board, not the state education agency, that is responsible for governing its schools. The state board may ensure compliance with critical rules and guidelines but they are not entitled to create new requirements that supersede the intent and letter of the law, a huge win for charter schools. Local or county board authorized charter schools may establish enrollment preferences for children within the primary recruitment area, and limit them to various categories of students that they choose, in other words, limiting options for families.

EQUITY: In 2023, the state increased charter school student funding from 90% to 99% of the foundation allocation for students in traditional county schools. Additionally, a $2.4 million corrective funding grant was provided to four charters, rectifying a West Virginia Department of Education error that previously cut charter funding and the Charter Schools Stimulus Fund provides startup grants to schools of up to $300,000.

Fast Facts:

Number of programs: 1

Statewide participation: 10,000

Types of programs: Education Savings Account

Choice Laws & Analysis:

Education Savings Account
The Hope Scholarship
Law Enacted: 2021
Most Recently Amended: 2024
The Hope Scholarship Act, signed into law in 2021, provides power to parents to use their tax dollars to pay for a variety of educational expenses, including tuition and fees at participating private schools and other educational activities. More than 3,000 students were approved to receive approximately $4,300 each during the program's inaugural cycle, and the program allocations have been gradually increased resulting in higher enrollment. In 22-23, 5,700 students each received roughly $4,500. The program will expand to include homeschool and private school students in 2026 if the cap on 5% of statewide public school enrollment is not met.

USE OF STUDENT DATA IN EVALUATING TEACHER PREP

"None; Indicators of teacher effectiveness are required, per CAEP standard written into state statute, but there is no specific requirement for objective evidence of student growth or achievement. There is no state policy requiring data be made publicly available."

This is just one indicator from The National Council on Teacher Quality, which collects and analyzes states on how well their policies and practices lead to well-prepared teachers. They collect data on state laws and regulations concerning the preparation of teachers, the policies that govern their oversight and the contracts that guide their employment. Learn more about your state here.