West Virginia 2025 Regular Session

West Virginia Senate Bill SB285

Introduced
2/12/25  

Caption

Creating WV Guardian Program

Impact

If enacted, SB285 would modify how public safety is managed in schools across West Virginia, moving toward a system that relies on independent contractors rather than traditional school resource officers. This change could lead to a more flexible response to safety issues, as schools may contract necessary personnel based on perceived needs. The bill is positioned to potentially reduce direct liabilities for county school boards, as it includes provisions limiting their civil liabilities concerning the guardian's actions, so long as gross negligence is not proven.

Summary

Senate Bill 285 aims to establish the West Virginia Guardian Program, which allows county school boards to contract independent contractors for safety services in public schools. The bill stipulates that contractors must be honorably discharged veterans, retired law enforcement officers, or similar backgrounds, all meant to ensure the safety and protection of students, faculty, and staff on school grounds. The program is designed to enhance the security within schools by giving certain trained individuals the authority to engage in public safety practices without formally designating them as law enforcement officers.

Sentiment

The sentiment surrounding SB285 is mixed. Proponents argue that the program will bolster school security without burdening schools with extensive administrative overhead associated with formal law enforcement. There is enthusiasm about offering employment to veterans and leveraging their experience for community safety. However, opponents raise concerns about the adequacy of training for these independent contractors and the effectiveness of not having certified law enforcement officials directly handling school safety. They fear the program may not provide the necessary structured response needed during critical incidents.

Contention

Key points of contention arise from the mix of security roles and the exclusion of certain personnel from state benefit programs. While the introduction of the guardianship system may provide immediate perceived safety benefits, critics question the lack of oversight inherent in hiring independent contractors without sufficient law enforcement training. Additionally, the voluntary nature of participation for county boards, along with exemptions from purchasing requirements, raises concerns about consistency and equitable safety measures across different districts. The implications of liability caps and how effectively they protect the interests of students and school staff remain vital points in the ongoing discussion.

Companion Bills

WV SB209

Similar To Creating WV Guardian Program

Similar Bills

WV SB209

Creating WV Guardian Program

WV SB450

Establishing WV Guardian Program

WV SB282

Creating WV Guardian Program

WV SB143

Creating WV Guardian Program

WV HB4851

To allow for public and private schools in West Virginia to employ security personnel.

WV HB2164

To allow for public and private schools in West Virginia to employ security personnel.

WV SB688

Allowing BOE to hire retired teachers to assist with tutoring

WV HB5244

Relating to portable benefit plans