According to West Virginia law, no later than June 30 of a public charter schoolâ€™s fourth year of operation under each five-year term of a charter contract, the authorizer shall issue a performance report on the public charter school. The performance report shall summarize the public charter schoolâ€™s performance record to date, based on the data collected under the performance framework in section eleven of this article and the charter contract, 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.
According to West Virginia law, if the public charter schoolâ€™s contract is expiring, the authorizer shall offer contract renewal application guidance to the school. The renewal application guidance shall include or refer explicitly to the criteria and standards that will guide the authorizerâ€™s renewal decisions. These criteria and standards shall be based on the performance framework as set forth in the charter contract. The renewal application guidance shall, at a minimum, require and provide an opportunity for the public charter school to:
(1) Present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal;
(2) Describe improvements undertaken or planned for the school; and
(3) Detail the schoolâ€™s plans for the next charter term.
According to West Virginia law, no later than September 30 of a public charter schoolâ€™s final authorized year of operation under a term of a charter contract, the governing board of the public charter school seeking renewal shall submit a renewal application to the authorizer pursuant to the renewal application guidance offered by the authorizer. The authorizer shall rule in a public meeting and by resolution on the renewal application no later than 45 days after the filing of the renewal application.
In making charter renewal decisions, the authorizer shall:
(1) Ground its decisions on a thorough analysis of evidence of the schoolâ€™s performance over the term of the charter contract in accordance with the terms and measures established in the performance framework set forth in the charter contract;
(2) Ensure that data used in making renewal decisions are available to the public charter school and the public;
(3) Provide a public report summarizing the evidence basis for each decision; and
(4) Include one of the following rulings:
(A) Renew the charter contract for another term of five years based on the schoolâ€™s
performance data and demonstrated capacities of the public charter school; or
(B) Decline to renew the charter contract. The authorizer shall clearly state in a resolution the reasons for the nonrenewal. The governing board of the school shall be granted 30 days to respond in writing to the decision and public report before that decision becomes final. The governing board shall be allowed to provide the authorizer with such arguments and supporting information as it sees fit and also shall be granted an opportunity for a recorded public hearing, at the request of the governing board. The authorizer shall consider the governing boardâ€™s response, testimony, and documentation, as well as the recorded public hearing, prior to rendering a final decision on the revocation of the charter contract. The authorizer shall render its
final determination within 10 days of the close of the 30-day period.
(e) Within 10 days of taking final action to renew, not renew or revoke a charter under this section, the authorizer shall report the action taken and reasons for the decision to the schoolâ€™s
governing board and the state board or affected county board, as applicable. A copy of the report shall be submitted at the same time to the state superintendent.
According to West Virginia law, a charter contract may be revoked at any time or not renewed if the authorizer determines that the health and safety of students attending the public charter school is threatened or the public charter school has failed to comply with the provisions of the charter school law, committed a material violation of any of the terms, conditions, standards or procedures required under this chapter or the charter contract, failed to meet the performance expectations set forth in the charter contract, failed to meet generally accepted standards of fiscal management, or violated any provision of law from which the school was not exempted.
If an authorizer does not renew or revokes a charter contract, the authorizer shall
clearly state in a resolution in a public meeting, the reasons for the nonrenewal or revocation.
If a public charter school is closed, the authorizer shall clearly state in a resolution in a
public meeting, the reasons for the closure.
In the event of a public charter school closure for any reason, the authorizer shall
oversee and work with the closing school to ensure a smooth and orderly closure and transition for students and parents, as guided by the closure protocol established by the state board including, but not limited to, the following:
(1) Overseeing and working with the closing public charter school to ensure timely notification to parents, orderly transition of students and student records to new schools and proper disposition of school funds, property and assets in accordance with the requirements of this chapter; and
(2) Distributing the assets of the public charter school first to satisfy outstanding payroll obligations for employees of the public charter school and then to creditors of the public charter
school. Any remaining funds shall be paid to the county board. If the assets of the public charter
school are insufficient to pay all parties to whom the public charter school owes compensation,
the prioritization of distribution of assets may be determined by decree of a court of law.