State law addresses availability of school nurses.
Code of State Rules 126-25A-9. Staffing Requirements
9.1 Certified school nurse RNs must be employed in sufficient numbers to ensure adequate provision of services to students with complex health care needs. Registered nurses have the authority and the ability to teach and to supervise other persons in rendering selected health services and/or procedures.
9.2. The certified school nurse RN must have a current license as a registered professional nurse in the State of West Virginia (W. Va. Code § 30-7-1 et seq.). The school nurse must be certified as a school nurse as set forth in Policy 5202. The certified school nurse RN must be employed by the county board of education or the county health department (W. Va. Code § 18-5-22) which contracts to provide equivalent services to boards of education. Performance of professional nursing service means both independent nursing functions and health related services which require specialized knowledge, judgment, and skills as governed by the West Virginia Nurse Practice Act (W. Va. Code § 30-7-1 et seq.) and the National Association of School Nurses, Inc. "Scope and Standard of Professional School Nursing Practice".
West Virginia Code 18-5-22. Medical and dental inspection; school nurses; specialized health procedures; establishment of council of school nurses.
(b) Each county board shall employ full time at least one school nurse for every one thousand five hundred kindergarten through seventh grade pupils in net enrollment or major fraction thereof: Provided, That each county shall employ full time at least one school nurse: Provided, however, That a county board may contract with a public health department for services considered equivalent to those required by this section in accordance with a plan to be approved by the state board: Provided further, That the state board shall promulgate rules requiring the employment of school nurses in excess of the number required by this section to ensure adequate provision of services to severely handicapped pupils. An appropriation may be made to the state department to be distributed to county boards to support school health service needs that exceed the capacity of staff as mandated in this section. Each county board shall apply to the state superintendent for receipt of this funding in a manner set forth by the state superintendent that assesses and takes into account varying acuity levels of students with specialized health care needs.