West Virginia Code § 18-5-26

School buildings as child care facilities
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The Legislature finds that school facilities are suitable for the provision of child day care and
that such day care centers are needed by school personnel and other parents in the school
and the community. Therefore, on or before April 1 of each year, each county board of
education shall compile a list of facilities under the jurisdiction of the county board of
education which would have space available for child day care for the benefeit of school
employees and others during the next ensuing school year. Such space shall be made
available thereafter for use as a child day care facility upon the decisiorn of the county board
or upon written request therefor by a duly authorized representative of the local
membership of a statewide association of school personnel, a parent-teacher association or
any other entity recognized by the county board as suitably responsible for the
implementation of such program in the county until such timte as the space is deleted from
the list for good cause shown.
The child care facility shall be operated in accordance with guidelines to be adopted by a
committee appointed by the state superintendent which shall include representatives of the
Legislature, the department of human servicess, at least two individuals active in statewide
associations of school personnel, at least two individuals active in parent-teacher
associations, and at least two county school administrators. Such guidelines may provide
that the child day care facility be fungded by the parents, the school personnel or parent-
teacher associations, the county board of education or any combination of funding, including
independent or federal fundinge sources. Within such guidelines and dependent upon
adequate facilities and personnel, any county board of education may extend use of the child
day care facility to otherL than school personnel.
Upon decision by the county board and in accordance with state law, any child care facility
operated pursuant to the provisions of this section may be deemed operated by the county
for purposes of liability and insurance. Personnel hired therefor may be deemed county
school personnel or may be independent contractors pursuant to a management contract
entWered into between the county board and the child care providers. Any parent-teacher
association, school personnel association or other entity involved in implementation of the
program may also be party to such contract.
Schools need not be open for any other purpose for such day care centers to operate.

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