West Virginia Senate approves Guardian bill for schools

On March 20, the West Virginia State Senate advanced a bill to the House of Delegates that would allow contracted "Guardians" to provide security in public schools. This bill, known as SB 450, passed the Senate with a unanimous vote of 34-0. The West Virginia Guardian Program would permit county school boards to hire retired law enforcement officers for campus security. These Guardians would be allowed to carry weapons after completing specific training. However, they would not have the power to arrest but could detain suspects. To get a permit from the county sheriff, a potential Guardian would need to pay a fee of $50, which would help fund the Sheriff's permitting program. Meanwhile, a competing bill from the House, HB 2164, which also proposes security measures in schools, is waiting for action in the Senate. This House bill passed with a vote of 93-0 and includes a broader approach. It allows public, charter, private, and religious schools to hire school safety officers (SSOs). Like the Guardians, SSOs must be former law enforcement officers and can carry firearms, but schools must cover their equipment costs and provide insurance. The key difference between the two bills is that HB 2164 eliminates a provision from SB 450 that would grant qualified immunity to both the school and the Guardian. Instead, it requires insurance coverage. Both proposals allow schools to voluntarily choose to hire or contract an officer based on their needs and financial resources. House Education chair Joe Ellington has expressed a preference for HB 2164 as the main legislation because it is more comprehensive, but he has not mentioned any plans for a compromise between the two bills.