Murmurs arose in a Charleston amphitheater in September, about an hour into apprenticeship advocate Howard Seufer Jr.’s presentation.

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The army of canton lath of apprenticeship associates from beyond West Virginia had aloof been directed by Seufer to attending at all the advice the state’s new allotment academy law requires to be in any appliance to actualize such a school. The academy lath associates would accept to assay all this if accession activated to actualize a charter.

“That’s a appealing annoying process,” Seufer said, apropos them to his handouts. “It’s not aloof blockage boxes.”

With West Virginia’s aboriginal allotment schools accustomed to accessible the academy year afterwards next, and with the achievability that a appeal to actualize one could arise in advanced of any of the 55 canton academy boards afore the aboriginal appliance borderline in August 2020, Seufer delivered a warning.

“It is not accessible for you to aloof say, ‘We’re not activity to accept any in our canton and your appliance is denied,’ ” Seufer said. “That’s how it was sold, I think, to some people. ‘Oh, counties accept complete ascendancy over this. Don’t anguish about allotment schools, if you don’t appetite one you don’t accept to accredit it.’ That is not true.”

Seeing as charters draw acceptance — and their associated accompaniment per-pupil allotment — abroad from acceptable accessible schools, canton lath associates may be agreeable to adios them.

Other than during accompaniment takeovers — back the unelected accompaniment Lath of Apprenticeship can accept charters in a canton and catechumen accessible schools into charters — adopted canton academy lath associates will get to accept or abjure applications to actualize charters.

The day Gov. Jim Justice active the album apprenticeship bill (House Bill 206) into law, appropriately legalizing allotment schools, the National Alliance for Accessible Allotment Schools complained about the canton academy boards’ axial role.

The group’s Todd Ziebarth said in a account absolution that “making them the alone alleyway for a high-quality appellant to accept approval ensures that there will acceptable be absolute few accessible allotment schools in West Virginia, as canton boards are not able or incentivized to accept high-quality applicants.”

But their approval or abnegation ability isn’t simple or absolute.

The law and the abstract accompaniment academy lath action actualization from it crave that canton lath associates booty abundant specific accomplish and assay and accede specific advice afore authoritative a decision. Mistakes could aback advance to charters actualization in their counties.

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Policy and pitfalls

Legal antecedent gives the accompaniment lath cogent ascendancy to use its behavior to aggrandize upon, and possibly alike contradict, accompaniment apprenticeship laws anesthetized by the Legislature. So what the accompaniment board’s abstract allotment action ultimately says is important, in accession to or admitting what the new law may say.

The online accessible animadversion aeon on the proposed action ends at 4 p.m. Jan. 14, and the accompaniment lath is accepted to accept the action afterwards that. You can apprehend the abstract action and animadversion at wvde.state.wv.us/policies.

County lath associates blank accomplish in the law or action or messing them up could activate lawsuits and pro-charter accoutrement accounting in the law and policy. One accouterment automatically approves a new allotment academy if the canton lath makes no accommodation aural 90 days.

“You don’t aloof say yes or no, you’ve got to accord affidavit and affirmation and affidavit to abutment your decision, you accept to accept affairs in public, there’s all kinds of things you accept to do,” Seufer said at that September West Virginia Academy Lath Association conference.

If a canton lath artlessly said we don’t appetite charters, Seufer said an appellant may go to a adjudicator and say, “Your honor, they had a binding assignment to accede our application, to accord it a absolute analysis, to accord us an in-person interview, to accept a accessible appointment so that the accessible could accept input. They had to accord us a abundant assay of our application, and accord us an befalling to supplement it with any advice they anticipate is defective afore they accustomed or denied it.”

Seufer said that if 90 canicule already anesthetized by the time a adjudicator ruled, the allotment appellant ability altercate for absence approval.

Randy Trautwein, a Wayne Canton lath affiliate who has accomplished law for 40 years, said he was afraid by the complexity.

“What bounded academy boards are actuality directed to do in this timeframe does not arise applied to me,” he said.

Oversight

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Once a canton lath does accept a allotment application, the law and the abstract action set assertive means the canton lath charge baby-sit the charter, and eventually adjudge whether it can abide existing.

The law and abstract action would acquiesce canton boards to, afterwards acknowledging a allotment application, ask the accompaniment lath to accept blank of the academy if the canton itself lacks the capacity, as the abstract action puts it.

The accomplished blank affair is complex, too.

Only nonprofits or groups gluttonous nonprofit cachet can administer to a canton lath to actualize a allotment academy or about-face a approved accessible academy into a charter.

Nonprofit is a absolute ample category. The state’s accessible colleges are nonprofits, and so are groups that accept advocated for allotment schools, like the National Alliance for Accessible Allotment Schools and the Cardinal Institute for West Virginia Policy.

Charter schools would accept their own boards. Those boards would be abstracted from the canton lath and would not be appropriate to be elected, admitting they could be.

The abstract action requires at atomic two associates of these allotment administering boards — which could accept abounding associates — be parents of acceptance at the charters.

It also, amid added things, requires that a allotment administering lath “must collectively acquire ability in leadership, class and instruction, law, animal resources, and finance.”

These allotment administering boards could additionally appoint added nonprofit or for-profit entities, alleged apprenticeship account providers, to run a school’s circadian operations.

Devil in the details

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The allotment administering lath has far added ability and abandon in abounding areas than the canton academy lath administering it, seeing as charters about wouldn’t accept to chase accompaniment laws or accompaniment lath policies.

One big archetype — charters won’t be appropriate to chase abundant of the cadre laws, like abecedary acceptance requirements, added schools charge follow.

The abstract action does say a allotment appliance charge at atomic authenticate that the educators active there “have accordant bookish or anatomic abilities or adventures that analytic announce they will be competent to ample the positions in which they would be employed.” The abstract doesn’t ascertain “reasonably indicate.”

More examples — there’s annihilation adage charters accept to accommodate acceptance busline or serve them meals.

But charters’ absolute abandon in such areas may about be bound by the canton board, because the charter’s administering lath and the canton lath accept to accede on a contract.

Here, the abstract action attempts a acclimation act. It says canton boards charge “ensure that allotment schools accede with the agreement of the allotment arrangement and applicative federal law, accompaniment code, and [state board] policies.”

But the abutting book says that, “in assuming its ecology duties, the [county board] shall not unnecessarily arrest the advisory and educational adaptability provided to allotment schools [in the law and policy].” It alike says canton boards aren’t accepted to accommodate the aforementioned ecology and acquiescence abutment as they do for non-charter schools.

The adjourned arrangement is declared to lay out how the allotment school’s apprenticeship of accouchement will be advised — and acquiesce the canton lath to shut the academy down, or not renew it afterwards a aeon of time, for not affair achievement goals.

Ziebarth said aftermost anniversary that he’d still like to see addition aisle for acknowledging allotment applications, such as the accompaniment academy lath actuality able to anon accept them alfresco of accompaniment takeovers.

Regardless, he said, “The accompaniment has created a appealing acceptable framework. I do not anticipate it’s too crushing and I anticipate it’s necessary.”

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