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 known as West Virginia guardians. These guardians must be retired law enforcement officers, 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 provide public safety and security on school grounds, and specifies the authority and apparel requirements for the guardians. Additionally, it mandates that guardians apply for a permit from the county sheriff, who will verify that applicants meet certain qualifications, including proof of citizenship, educational attainment, and completion of various training programs.

The bill also addresses liability issues, stating that county boards cannot be held civilly liable for actions taken by guardians within the scope of their duties unless gross negligence or willful misconduct is proven. It establishes a cap on monetary damages related to such actions and exempts guardian contracts from certain purchasing requirements. Furthermore, participation by county boards is voluntary and contingent on available funds, and guardians will not be eligible for state employee benefits. The bill emphasizes that meeting the outlined requirements does not guarantee a contract, and it provides specific exclusions for individuals who may not participate as guardians based on prior criminal offenses or other disqualifying factors.

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