The Senate Education Committee on Tuesday approved Senate Bill 282, which allows county boards to secure services of independent contractors that would be responsible for providing “public safety and/or security on public school grounds and buildings.”SB282 defines “public safety/security” as “protection of students, faculty, and staff of a public school from violence, bullying, theft, substance abuse, the sale or use of illegal substances, exposure to weapons, and threats on school grounds.” The legislation states that guardians aren’t considered law enforcement.
Independent contractors, as defined by SB282, include honorably discharged veterans, retired state troopers, retired deputy sheriffs, and federal government retirees with security expertise.
Guardians must have a high school diploma or GED.
Prior to entering into contracts with a county board, guardians must complete the State Police’s Law Enforcement Professional Standards Program and pass examinations, including a fitness and psychiatric examination, and pre-employment drug screening.
A guardian may carry a concealed weapon upon meeting concealed carry permit requirements, although guardians would receive training relating to use of a firearm and “less than lethal use of force course.”
County boards can impose other training or credentials requirements, including a pre-employment polygraph and a requirement those individuals have liability insurance coverage.
Veterans lacking honorable discharges, who show credible evidence of “illegal drug use,” or who have been convicted of crimes such as domestic violence, DUI convictions, child abuse or drug convictions couldn’t participate as guardians.
County boards would be immune from prosecutions arising from a guardian’s actions unless the county board can be shown to be “grossly negligent or committed willful misconduct.”
Other bill provisions state the legislation doesn’t obligate state appropriations.
‘Force Multiplier’
In committee discussions, Deputy Homeland Security Commissioner Rob Cunningham said, in a response to a question from Senator Vince Deeds of Greenbrier County, the legislation provides a “force multiplier” to augment existing school safety officers in some schools.
Senator Deeds said Guardians could provide “eyes, ears, and bodies” to secure “intelligence information” about school activities, noting guardians would be versed in school and law enforcement cultures.
Senate Education Chair Amy Grady of Mason County said the presence of guardians would allow students to find adults to respect and bond with and to whom students might feel comfortable to go with “problems.”
Additional Legislation
The committee also adopted:
Senate Bill 51, which requires county boards to prepare “impact statements” for school closings or consolidations. Impact statements wouldn’t be required for school closures enumerated in voter-approved school construction bonds.
County boards comply with SB51 if actions prior to the 2022 regular session violate no other statutes that invalidate school closure documents, notices, hearings, or actions. The Committee adopted an amendment requiring county boards to give “substantial weight” to the impact statement when deliberating to close schools.
The state Board of Education determines specifics for impact statements, including how school closures could affect student transportation as well as school district fiscal and enrollment implications and impact on personnel. Several senators recounted school closures in their counties, saying most boards appear to follow SB51 provisions when conducting school closure hearings.
Senate Bill 251, which requires display of a durable poster or framed copy of the official motto of the United States, “In God We Trust.” The display would be placed in public elementary and secondary schools and in higher education facilities. The displays also are to include images of the U.S. and state flags. Costs for the displays would be procured through private contributions. |