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West Virginia Policy Snapshot - 2025

Executive Summary & Key Data

These slides outline key statutory and regulatory requirements for charter operators considering West Virginia. Each item is color-coded to help prospective operators and founders quickly identify the most favorable aspects of the state's environment for new schools.

�Highly favorable: These are the most positive aspects of the West Virginia charter school environment. Coded green.�Favorable: These are policy requirements that operators should find manageable and simply need to be aware of. Coded yellow.�Neutral: These are policies that may compel operators to plan differently. They are not barriers, but they may change operator behavior. Coded orange.��Each operator and school founder group will have unique requirements and expectations. The WVPCSB will collaborate with each applicant to assess their specific needs and provide tailored guidance.

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Funding

Definition: the current state of charter school funding, disbursement schedule and categorical aid.

Current per-pupil	99% of the per-pupil total of the basic foundation allowance ($7,819 in 2024-25; annual increase of 3-5%, in line with county public school revenue). Additional access to some state grants and nearly all federal funding.
Charter School per-pupil receivable methods	State funds are provided 4x per month from WVDE; schedule determined by WVDE. Funds are backloaded in the fiscal year.
Federal CSP funding availability	Yes. WVPCSB was selected for funding under The Expanding Opportunity Through Quality Charter Schools Program. The competitive grant program — 100% funded by federal dollars — awarded $12.3 million over five years to WVPCSB. With these funds, WVPCSB intends to double the number of authorized charter schools and triple the number of students enrolled in charter schools by 2028. The PCSB will administer eight subgrants over the grant period — five to newly created charter schools and three to expanding charter schools already serving West Virginians.
Categorical Aid	Generally equal access.

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Authorizing

Definition: the current state of charter school authorizing, charter caps, terms, relations.

Availability of district-approved charters	Local boards can authorize but have not.
Availability of independent authorizers	PCSB is the independent authorizer.
Expedited process for operators with a track record of success	There is no provision in statute or regulation. Charter holders who plan to partner with an education service provider must complete additional requirements during the application process.
Authorizer Fee	1% of the per-pupil of the basic foundational allowance, paid quarterly in arrears.
Authorizer ability to approve multiple charters or campuses concurrently	There is no restriction on this in statute and authorizer will consider multiple campus applications.
Policies for when an authorized charter(s) can/must open	Applications can be accepted at any time, however, an application must be submitted by August 31 of the year prior to the planned start of school.
Cap on the number of schools, students, or enrollees	There is currently a cap of 20 brick and mortar charter schools. The cap will increase to 30 by 2026 and increase by another 10 schools every three years thereafter. Currently, 6 brick and mortar charter schools are authorized.

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Authorizing cont.

Definition: the current state of charter school authorizing, charter caps, terms, relations.

Charter term�	Max of 5 years with 5-year renewals.
Ability for an authorizer to revoke a charter early	If an authorizer revokes or does not renew a charter contract, the authorizer shall close the school.
"Performance-based" contract with authorizer��	Statute is silent; authorizer has full authority to negotiate contracts.
Enumerated oversight plan	Statute is silent; authorizer has full authority to negotiate contracts.
Expedited renewals for charters that meet performance benchmarks	There is not statutory provision; renewals are managed by the authorizer.

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Operational Requirements

Definition: the current state of charter school operating requirements, from seat time, to instruction and curricular requirements, to human resource requirements.

Class size restrictions	Charters are exempt.
Instructional day requirements	Charters are exempt from 180 days so long as they meet the instructional time requirement; charters must have the same minimum number of days or an equivalent amount of instructional as required of non-charter public school students.
Instructional minutes requirements�	K-5, 350 mins day; 6-8, 330 mins day; 9-12, 345 mins day.
Non-core instructional requirements	All 8th grade students in WV are required to study WV history and take the Golden Horseshoe Test.
Curricular requirements for charters	None.
Required practices for ELL or SPED students	There are none, but charters must serve all students who seek to enroll.
Non-instructional requirements for charters	There are no curricular requirements for charters.
Mandated SISs, vendors or processes for service contracts	All schools must track and submit required data through the WV State Data System, but charters may use their own SIS in addition to this platform.
Automatic waivers for charters	Charters are statutorily exempt from many requirements.

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Operational Requirements cont.

Definition: the current state of charter school operating requirements, from seat time, to instruction and curricular requirements, and human resource requirements.

Waiver application process for charters	Charter operators do not need to apply for exemptions. They are automatic.
Benefit restrictions or requirements�	Teachers who were employed by a district retain their seniority the same as they would if they worked in a non-charter public school. Charter schools with CMOs are only eligible for state health insurance and retirement plans if the nonprofit governing board is the employer of school personnel. If CMO is the employer, staff are not eligible.�
State retirement fund contribution requirements	Charter teachers are only eligible if they are employees of a local governing board, not a CMO.
Collective bargaining agreement waivers	Charter schools and networks are fully exempt from all collective bargaining provisions.

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Facilities

Definition: the current state of charter school facility funding, and space requirements.

Public funds availability	There are two pathways to funding: the School Building Authority ($5M in 2024-25 for construction grants), and the Charter School Stimulus Fund (not yet funded).
Physical space requirements	There are no requirements for indoor or outdoor space.
District facility availability	Charters have statutory access to surplus public buildings owned by local counties, but no founding charter school board has utilized this provision of statute to date.
District requirements to surplus facilities	See above.

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Talent

Definition: the current state of charter school talent – teacher, leader, administrator – requirements.

Teacher license requirements	There are no licensing requirements.
Principal teaching license requirements	There are no licensing requirements.
Principal administrative license requirements�	There are no licensing requirements.
Para-professional license requirements	There are no licensing requirements.
Specialist license requirements	There are no licensing requirements.
Out-of-state license recognition for teachers	WV has license reciprocity with all states with the exception of CA through the National Council for State Authorization Reciprocity Agreements (NC-SARA).
Out-of-state license recognition for Principals	WV has license reciprocity with all states with the exception of CA through NC-SARA.

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Governance

Definition: the current state of charter school board and governance options, requirements, and restrictions.

Local governing board requirements	Charter governing boards are required to meet compositional requirements (e.g., 2 parent members).
Multiple school/campus governing options	There is no permission or prohibition on multiple campuses. Campuses are approved by authorizer.
Organizational requirements for charter application	The charter school applicant must be a 501(c)(3) non-profit organization registered in West Virginia.
Open meetings law requirements	Charter schools are subject to all state open meetings requirements.
Management fee restrictions�	There are no restrictions, but charter board must approve contract, and EMO must provide monthly budget reports.
CMO employee restrictions�	Members of the governing board may not be employees of an education service provider that provides services to the charter school.
Charters as LEAs��	Charters are treated as their own Local Education Agency for most things including funding, however, they do not actually receive full LEA status.