Legal Question in Constitutional Law in West Virginia

Re: Separation of Church and State

If the school allows other outside groups to use the school during non-school hours, it should allow a church group to do so. Schools are not required to discriminate AGAINST religious groups. The school can decline to let any groups use the school but it can't exclude a particular group just because it is a religious group. It does not sound to me as if the school is doing anything wrong.

Re: Separation of Church and State

If the school allows outside groups to use its facilities then it must give religious groups the same access (subject to the same restrictions) as non-religious groups. To do otherwise would be to discriminate against religion. As long as no group is turned away for religious reasons, allowing the church to use school facilities is not a violation.

The "advertising" on school premises may be a different matter altogether, but this would depend on more facts than you have provided. If the church is posting flyers and if outsiders in general are allowed to do likewise, then there may not be a problem. However, if the church is getting some sort of special privilege, then the school board may be violating the Establishment clause. This is a very subtle and nuanced area of the law and, as I said, I would need a lot more facts to offer an opinion.