Policy Map

West Virginia

School Choice Policy

Charter School Choice

Do state statutes allow for charter schools?

Yes:

West Virginia code allows for public charter schools.

§18-5G-1. Legislative purpose and intent.

Are for-profit charters allowed?

No:

"(1) 'Applicant' means any one or more in combination of parents, community members, teachers, school administrators, or institutions of higher education in this state who are interested in organizing a public charter school and:
(A) Have obtained 501(c)(3) tax-exempt status or have submitted an application for 501(c)(3) tax-exempt status;"

§18-5G-2.(1)(A) Definitions.

Is there a cap on the number of charter schools?

Yes:

"The total number of public charter schools authorized and in operation under an approved contract in this state shall be limited to 3 pilot public charter schools until July 1, 2023."

§18-5G-1.(g) Legislative purpose and intent.

Are charters required to provide transportation for any students?

No:

"(c) A public charter school authorized pursuant to this article is exempt from all statutes and rules applicable to a noncharter public school or board of education except the following:...(14) The same student transportation safety laws applicable to public schools when transportation is provided."

§18-5G-3.(c)(14) Public charter school criteria, governance structure and statutory compliance requirements; applicable federal and state laws.

Can charter schools employ uncertified teachers?

Yes:

"(b) A public charter school...(8) Is responsible for establishing a staffing plan that includes the requisite qualifications and any associated certification and/or licensure necessary for teachers and other instructional staff to be employed at the public charter school and for verifying that these requirements are met."

§18-5G-3.(b)(8) Public charter school criteria, governance structure and statutory compliance requirements; applicable federal and state laws.

Virtual School Choice

Do state statutes allow for full-time virtual schools?

Yes:

The West Virginia legislature creates the West Virginia virtual school.

West Virginia Code §18-2E-9 (b)

Are virtual schools required to track attendance?

Did not find

Do virtual schools have to comply with state teacher certification requirements?

No:

The director of the West Virginia Virtual School has the power to develop policy recommendations for consideration by the state board, which may include, but not be limited to, the following:
"(B) Standards of teachers and other school employees who are engaged in the activities surrounding the offering of courses on the Internet or other developing technologies"
"(H) Methods for employing persons who are the most familiar with the instructional goals and objectives to develop the courses to be offered on the Internet and through other developing technologies."

West Virginia Code §18-2E-9(d)(3)(B) & (H)

Private School Choice

Do state statutes allow for voucher programs?

No:

No voucher programs found.

EdChoice School Choice in America

Do state statutes allow for educational expense tax credits or deductions?

No:

No educational expense tax credits or deductions found.

EdChoice School Choice in America

Can students use vouchers to attend religious schools?

Not Applicable

Is there a cap on the number of students or private schools participating in voucher programs?

Not Applicable

Are voucher students in private schools required to take any standardized tests?

Not Applicable

Can private schools be removed from voucher programs based on performance?

Not Applicable

Are private schools in voucher programs required to provide transportation?

Not Applicable

Interdistrict School Choice

Do state statutes allow for interdistrict choice?

Yes:

State law allows for open enrollment [§18-5-16] as well as mutual agreement of two county boards regarding mass transfer of students [§18-5-13(f)(1)(C)]

"'Open enrollment' means a policy adopted and implemented by a county board to allow nonresident students to enroll in any school within the district."

County boards can enter into a mutual agreement to transfer students from one district to another. "The agreement shall be recorded in the meeting minutes of each participating county board..."

West Virginia Code §18-5-16(b): Student transfers; definitions
West Virginia Code §18-5-13(f)(1)(C)

Are receiving schools or districts required to provide transportation to any students?

No:

County boards of education are not required to uniformly provide nonresident student transportation.

West Virginia Code §18-5-16(c)(3)(A)

Page last updated: January 2020

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