CHARLESTON — Among the notable bills that moved through the House Education Committee on Friday, one seeks to improve security through innovation while another looks to bolster health equity among students.
Senate Bill 282
The West Virginia Guardian Program is now one step closer to becoming an available tool for public school security following unanimous passage of Senate Bill 282 in the House Education Committee on Friday.
If passed in the House Judiciary Committee and the full House, the bill would allow school boards to contract with retired federal or West Virginia state law enforcement officers or honorably discharged military veterans for school security purposes, provided they have no disqualifying criminal offenses and possess concealed carry licenses.
Guardians would not be considered police officers and could not make arrests, but could also not be held criminally or civil liable for acting within the scope of the duties unless a county school system can prove grossly negligent or committed willful misconduct.
Guardians would be required to pass the Law Enforcement Professional Standards program at the West Virginia State Police Academy and an annually repeated “firearm and less than lethal use of force course” at their own expense. They would also have to undergo a physical, visual and psychiatric examination and a pre-employment drug screen.
County school boards would be able to impose their own requirements as well.
An amendment to the bill in committee added retired law enforcement officers to those eligible to become a guardian.
“We have city police officers right now as pro officers and when they retired they wouldn’t be considered for a guardian position,” said Delegate Dave Foggin, R-Wood. “This makes sure a municipal police officer would also be considered, just like a deputy or trooper.”
Another added stipulation that retired law enforcement personnel who have been fired or who forcibly resigned at any point in their career would not be eligible.
Guardians would not be eligible for participation in the public employee insurance plan, workers’ compensation, or additional state retirement benefits.
SB 282, proposed by Sen. Eric Tarr, R-Putnam, passed on the Senate floor last month.
SB 489
Another bill, SB 489, which would require schools to provide students in grades 3-12 with discreet access to feminine hygiene products, also took a step toward implementation.
The measure passed in committee near unanimously, with a single no vote from Delegate Todd Longanacre, R-Greenbrier, who objected on financial grounds.
”This is a positive, forward bill,” said Delegate Danielle Walker, D-Monongalia. “When you have students through no fault of their own having to stay at home versus being in those classrooms because they don’t have their feminine hygiene products, it should pull at your heartstrings.”
Longanacre raised concern with the bill after several delegates questioned the reasoning behind requiring the bill go before the finance committee when it didn’t require schools to self-fund its mandate.
”I will just say often times as a Legislature, we do have to confront a lot of bills that tug at your heartstrings, but often times we let our emotions cloud our judgement to the purse strings,” said Longanacre. “Quite frankly, we still have taxpayers to think about. If you think there’s no funding that’s going to be required for this, I think you’re pretty naïve.”
That bill will now head to the finance committee before being considered on the House floor.
