W. Va. Code § 18-5G-17
(b) On or before June 1, 2023, the state board shall promulgate legislative rules pursuant to §29A-3B-1 et seq. of this code to implement the provisions of this section. If necessary to meet the June 1, 2023, deadline, the state board shall promulgate an emergency rule. The rules shall include application requirements, requirements for the West Virginia Professional Charter School Board to notify potential applicants, and a requirement for the applicant to attest to or demonstrate that it:
(1) Would not otherwise have the financial capacity without money from the Charter Schools Stimulus Fund to:
(c) Subject to the availability of funding, the West Virginia Professional Charter School Board shall distribute money from the Charter Schools Stimulus Fund to qualifying charter school applicants and charter schools in the following manner: