W. Va. Code § 18-5G-14a: Alternative high-risk population public charter schools.

(a) Alternative high-risk population public charter schools may be authorized and funded pursuant to this article. To be eligible for an alternative high-risk population public charter school, the school must have an unduplicated count of at least 70 percent of their total enrollment, upon first entry to the school, comprised of high-risk students and obtain approval from the Charter School Board certifying the school meets the criteria. "High risk" students include the following:

(1) Students who have been expelled;

(2) Students who have been suspended more than 10 days in a school year;

(3) Wards of the court or dependents of the court;

(4) Recovered dropouts;

(5) Students who are habitually truant;

(6) Students who have been retained more than once in kindergarten through grade eight;

(7) Students who are credit deficient;

(8) Students who have a high-level transiency such as being enrolled in more than two schools during the past academic year or have changed secondary schools more than two times since entering high school;

(9) Foster youth;

(10) Homeless youth; and

(11) Students who need greater flexibility in scheduling or have circumstances which would benefit from this type of schooling.

(b) The state board shall promulgate a rule pursuant to the provisions of §29A-3B-1 et seq. of this code setting forth requirements for alternative high-risk population charter school funding.