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Senate approves law allowing charter schools limited to high‑risk student populations
Summary
The West Virginia Senate passed Senate Bill 89 to authorize “alternative high‑risk population” public charter schools, setting enrollment and funding rules and prompting debate over definitions for “homeless” and the program’s role alongside existing alternatives.
The West Virginia Senate passed Senate Bill 89 on third reading on April 1, 2025, authorizing a new category of charter schools that may enroll mostly students deemed “high risk.” The measure passed 32‑2 with one member recorded absent.
Supporters said the bill creates an optional pathway for families whose children have struggled in traditional schools. “These are choices for parents,” the bill sponsor said on the floor, adding the schools are intended to give high‑risk students services and a route back to regular public schools.
The bill requires an alternative high‑risk population public charter school to have at least 70 percent of its initial enrollment comprised of students who meet the law’s high‑risk criteria. It tasks the state charter board with certifying that a proposed school meets the criteria and directs the state board of education to adopt rules on funding for such schools. The sponsor told colleagues the intent is that these schools be voluntary and not a vehicle to transfer students out of public schools without parental consent.
Opponents focused on the bill’s definitions and the absence of an explicit tie to the federal McKinney‑Vento definition of homelessness. One senator asked whether the measure would treat students identified as homeless under federal law the same as other categories; the sponsor confirmed the bill does not require adherence to the McKinney‑Vento Act’s definition and that schools could apply their own definitions. That distinction drew criticism from other senators who argued it could lead to inconsistent eligibility rules across providers.
Senators also discussed how the new charter type would relate to existing programs, including Mountaineer Challenge Academy, and whether the state has sufficient alternative‑education capacity. Supporters said the schools would be an additional option for families and might reduce pressure on discipline and alternative placement systems.
After debate, the Senate voted and the bill passed. The clerk was instructed to communicate the action to the House.
The legislation now moves to the House for its consideration. If enacted and implemented, the State Board of Education will draft rules on funding and operational requirements required by the bill.
