MORGANTOWN – The House of Delegates passed the bill to update the state charter school program along mostly party lines on Tuesday.
The vote was 66-32, with 10 Republicans joining the the Democrats to vote no.
HB 2012, the charter schools bill, was among six on third reading for passage on Tuesday.
The bill allows for one statewide virtual school, with an enrollment cap of 10% of the statewide student headcount, and one virtual school in each county with a 10% enrollment cap based on the county’s headcount. Currently, only three charter schools my be launched every three years. This raises the limit to 10.
It creates the West Virginia Professional Charter School Board as a statewide authorizer, separate from the Department of Education and answerable directly to the state Board of Education. The board’s five members would be appointed by the governor.
A floor amendment on Monday requires the Professional Charter School Board to investigate official complaints that allege serious impairments in the quality of education in a charter school, conduct audits as needed and if necessary, require corrective action.
Before Tuesday’s vote, the bill drew extensive criticism from Democrat opponents.
Delegate Cody Thompson, D-Randolph, said charter schools across the country are failing but are nonetheless drawing off funding from regular public schools. Virtual charter schools are inherently unfair to those who lack broadband or the resources to tap in. And the sole attempt to launch one in the state (in Monongalia County) failed, so why raise the limit to 10?
Delegate Lisa Zukoff, D-Marshall, was among those who said virtual learning has failed during the COVID pandemic. “Why we would take on a virtual charter school in this environment, to me, I can’t fathom.”
Also, she said, 1 in 4 West Virginia kids suffer food security but charter schools aren’t required to provide meals. “This bill hurts the child whose parent doesn’t have a concern for their education.”
And Delegate Sean Hornbuckle, D-Cabell, cited a letter the National Alliance for Public Charter Schools sent out expressing concern that West Virginia’s program and the current bill lack a provision for immediate charter revocation for egregious offenses.
Such moves are rare, the Alliance said, but the provision is an essential accountability measure. West Virginia is among a few outliers in not having this protection.
Education chair Joe Ellington, R-Mercer, defended the bill. Not everyone will be able to attend a charter school, he said, but anyone who wants to go should be able to apply to go.
He acknowledged that virtual learning isn’t working everywhere, but some are able ot use it successfully and shouldn’t be denied the opportunity. Charter school attendance is purely voluntary. “This bill gives choice. … Just because we don’t have everything in place doesn’t mean we can’t start somewhere.”
There was an unusual display of partisanship in the follow-up to the bill’s passage. Delegate Shawn Fluharty, D-Ohio, requested that the Democrats’ comments on the bill be placed in the appendix to the House journal – a common request. But a Republican objected.
So Fluharty moved to have the comments placed in the appendix, which required a roll call vote. The motion failed 25-72.
All local delegates voted with their party. The bill now goes to the Senate.
Other bills
HB 2001 is the Jumpstart Savings Act. It’s similar to the Smart 529 college savings account. It allows anyone to create an account on behalf of a designated beneficiary, with contributions deductible from state income taxes.
The beneficiary may use the money for buying tools, equipment or supplies for a qualifying occupation; to earn an associate degree or pay certification or licensure fees; pay costs to establish a business. An account may be opened with an initial $25 deposit and the state treasurer may add $100 under certain criteria.
Hornbuckle said this could be a good program but the bill is flawed. “I also question if we’re helping our most vulnerable Mountaineers.” And it may have budget consequences requiring tax hikes elsewhere.
Despite the flaws, he urged passage, he said, hoping the Senate will improve it. It passed 96-0.
HB 2005 deals with surprise medical bills. Among its provisions, it forbids insurers from paying for emergency services at out-of-network rates, limits those bills to applicable deductibles and copays, requires insurers to create an interactive website for patients to search for and compare costs, and requires providers to provide cost estimates up front.
It passed 96-0.
HB 2264 would exempt hospitals and all health services provided from those hospitals from certificate of need requirements.
A certificate of need is a regulatory process for specified proposed projects and services exceeding a specified dollar threshold, designed to contain health care costs and avoid duplication of services. Many think the CON process stifles competition and development of needed services.
There was no debate but 13 Republicans voted against it. It passed 61-37.
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