dbeard@dominionpost.com
MORGANTOWN – The state Senate sent its bill to put contracted Guardians into public schools over to the House of Delegates on Thursday, but what will become of it remains a question.
A different House bill with similar intent that the delegates sent to the Senate last week is languishing in Senate Education. Last year, the two sides failed to reconcile their differences and the rival bills died in conference committee on the last day of the session.
On Thursday, the Senate passed SB 450 with a 34-0 vote. It would create the West Virginia Guardian Program
It would permit a county school board to contract with retired law enforcement officers to provide security on school campuses.
The Guardian would be authorized to carry a weapon after meeting specified requirements. The bill spells out required training and testing. The Guardian would not be a law enforcement officer and could detain a suspect but would have no power to arrest.
The bill would require a potential Guardian to pay $50 for a permit from the county sheriff. The sheriff would use the money for the permitting program. Any surplus funds at the end of the fiscal year could be used for other law enforcement purposes and operating needs of the sheriff’s office.
County participation would be voluntary, subject to available funding. No state money would be provided.
But head scratching ensues because last week the House passed HB 2164 in a 93-0 vote. It includes a slightly tweaked version of SB 450 along with the House approach.
The House approach says public and charter schools, along with private and religious schools, may employ school safety officers. SSOs must also be former law enforcement officers and may carry firearms. They may detain but not arrest a suspect.
The hiring school must cover the equipment costs and provide insurance coverage. The bill prescribes training for the SSOs.
The House tweak to SB 450 is that it cuts a Senate provision providing qualified immunity from civil and criminal liability for the school and the Guardian. It substitutes an insurance requirement.
Bringing on an officer is optional under both bills, based on the school’s desire and finances.
But HB 2164 is more expansive by giving schools a choice between hiring or contracting officers.
The Dominion Post asked the House of Delegates press office about their intentions for the bills. House Education chair Joe Ellington, R-Mercer, said that because HB 2164 is more comprehensive, he believes the House version should be the vehicle for the legislation. He did not indicate if there is any compromise deal or plan in the works.
