West Virginia

School Choice Policies

Charter School Choice

Does the state have charter schools?

Are for-profit charter schools or management companies allowed?


A charter applicant must have obtained 501(c)(3) tax-exempt status or have submitted an application for 501(c)(3) tax-exempt status.

However, we did not find mention of whether an education service provider is required to be non-profit. An education service providers is defined as "an education management organization, school design provider, or any other partner entity with which a public charter school contracts for educational design, implementation, or comprehensive management."

§18-5G-2.(1)(A) & (7): Definitions.

Is there a cap on the number of charter schools?


"The total number of public charter schools authorized and in operation under an approved contract in this state shall be limited to 3 pilot public charter schools until July 1, 2023."

§18-5G-1.(g) Legislative purpose and intent.

Are charters required to provide transportation for any students?


"(c) A public charter school authorized pursuant to this article is exempt from all statutes and rules applicable to a noncharter public school or board of education except the following:...(14) The same student transportation safety laws applicable to public schools when transportation is provided."

§18-5G-3.(c)(14) Public charter school criteria, governance structure and statutory compliance requirements; applicable federal and state laws.

Can charter schools employ uncertified teachers?


"(b) A public charter school...(8) Is responsible for establishing a staffing plan that includes the requisite qualifications and any associated certification and/or licensure necessary for teachers and other instructional staff to be employed at the public charter school and for verifying that these requirements are met."

§18-5G-3.(b)(8) Public charter school criteria, governance structure and statutory compliance requirements; applicable federal and state laws.

Virtual School Choice

Do state statutes allow for full-time virtual schools?


The West Virginia legislature created the West Virginia virtual school.

West Virginia Code §18-2E-9 (b)

Are virtual schools required to track attendance?

Did not find

Do virtual schools have to comply with state teacher certification requirements?


The director of the West Virginia Virtual School has the power to develop policy recommendations for consideration by the state board, which may include, but not be limited to, the following:

"(B) Standards of teachers and other school employees who are engaged in the activities surrounding the offering of courses on the Internet or other developing technologies"
"(H) Methods for employing persons who are the most familiar with the instructional goals and objectives to develop the courses to be offered on the Internet and through other developing technologies."

West Virginia Code §18-2E-9(d)(3)(B) & (H)

Private School Choice

Does the state have voucher programs?


No voucher programs found.

EdChoice School Choice in America

Does the state have educational expense tuition tax credits or deductions?


No educational expense tax credits or deductions found.

EdChoice School Choice in America

Can students use vouchers to attend religious schools?

Not Applicable

Is there a cap on the number of students or private schools participating in voucher programs?

Not Applicable

Are voucher students in private schools required to take any standardized tests?

Not Applicable

Can private schools be removed from voucher programs based on performance?

Not Applicable

Are private schools in voucher programs required to provide transportation?

Not Applicable

Interdistrict School Choice

Does the state have interdistrict choice programs?


State law allows for open enrollment [§18-5-16] as well as mutual agreement of two county boards regarding mass transfer of students [§18-5-13(f)(1)(C)].

"'Open enrollment' means a policy adopted and implemented by a county board to allow nonresident students to enroll in any school within the district."

County boards can enter into a mutual agreement to transfer students from one district to another. "The agreement shall be recorded in the meeting minutes of each participating county board..."

West Virginia Code §18-5-16(b): Student transfers; definitions
West Virginia Code §18-5-13(f)(1)(C)

Are receiving schools or districts required to provide transportation to any students?


County boards of education are not required to uniformly provide nonresident student transportation.

West Virginia Code §18-5-16(c)(3)(A)

Page last updated: December 2020

Click here to download the State Policy Spreadsheet. Click here to download the State Policy Map Data Memo.

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The State Policy Map provides a snapshot of school choice policy found in laws passed by the legislative bodies, for all 50 states and Washington, D.C., based on information gathered from state statutes in fall 2019; data checks continued through December 2020. Information on this site may not include the most up-to-date policy information. The State Policy Map does not systematically reflect state Department of Education administrative policies, rules, or regulations. All content on this site is provided for informational purposes only. Links to third-party websites are for the user’s convenience; neither REACH nor any affiliated entities endorse the contents of third-party sites.

Note: On June 30, 2020, the U.S. Supreme Court ruled that Montana's exclusion of religious schools from the state's tax credit scholarship program was unconstitutional (Espinoza v. Montana Department of Revenue 591). The responses to the question "Can students use vouchers to attend religious schools?" were collected before this ruling and therefore do not reflect any changes resulting from the Espinoza decision.