The proposed bill amends the Code of West Virginia by introducing a new section, 18-5-52, which allows county boards of education to contract with independent contractors, referred to as West Virginia Guardians. These Guardians must be retired law enforcement personnel, including former state troopers, deputy sheriffs, state fire marshals, Department of Natural Resources police officers, municipal police officers, or federal law enforcement officers. The bill outlines the purpose of these contracts, which is to enhance public safety and security on school grounds. It specifies the qualifications required for these Guardians, including the need for a permit from the county sheriff, proof of training, and compliance with various legal and safety standards.

Additionally, the bill establishes the authority and limitations of the West Virginia Guardians, clarifying that they are not law enforcement officers and do not have arrest powers. It includes provisions for civil and criminal liability, stating that county boards cannot be held liable for the actions of Guardians unless gross negligence is proven. The bill also exempts these contracts from certain purchasing requirements and emphasizes that participation by county boards is voluntary and contingent on available funding. Furthermore, it specifies that Guardians will not be eligible for state employee benefits, ensuring that their status remains that of independent contractors.

Statutes affected:
Introduced Version: 18-5-52
Committee Substitute: 18-5-52